Journal of the Senate of the State of Georgia regular session 1984, volume II, 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 Wedngjday, February 29, 1984
VOLUME II
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

TUESDAY, FEBRUARY 14, 1984

1509

Senate Chamber, Atlanta, Georgia Tuesday, February 14, 1984 Thirty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

Senator Barnes of the 33rd moved that the Senate reconsider its action of Monday, February 13 in defeating the following resolution of the Senate:

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.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 383 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 870. By Representative Twiggs of the 4th:
A bill to amend an Act revising the charter of the City of Hiawassee in Ti owns Ccoouumnty, so as to flunrtnher revise saida chnarnter anda t1o0 pp rovide for all matters relatings to the Citvy of Hiawassee in Towns Countvy.

HB 1478. By Representative Bostick of the 138th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners to levy, assess, and collect license fees, charges, or taxes on trades, businesses, and professions in the unincorporated area of Tift County.

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JOURNAL OF THE SENATE

HB 1571. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change the compensation of the chairman of said board.

HB 1572. By Representative Bray of the 91st:
A bill to amend an Act incorporating the Town of Moreland, so as to change the corporate limits.

HB 1573. By Representatives Caldwell of the 16th and McKelvey and Childers of the 15th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner, so as to provide for periodic increases in the salary of the tax commissioner.

HB 1574. By Representatives Caldwell of the 16th and McKelvey and Childers of the 15th:
A bill to amend an Act establishing compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to provide for periodic increases in the salary of the clerk of superior court.

HB 1576. By Representatives Clark of the 55th, Redding of the 50th, Williams of the 54th and others:
A bill to provide for the number and election of the magistrates of the Magistrate Court of DeKalb County.

HB 1577. By Representatives Porter of the 119th and Coleman of the 118th: A bill to make provisions for the Magistrate Court of Laurens County.

HB 1581. By Representatives Kilgore of the 42nd and Watts of the 41st: A bill to provide a board of elections for Douglas County.

HB 1582. By Representatives Matthews of the 145th and Royal of the 144th: A bill to make provisions for the Magistrate Court of Colquitt County.

HB 1583. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.

TUESDAY, FEBRUARY 14, 1984

1511

HB 1584. By Representatives Kilgore of the 42nd and Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen.

HB 1585. By Representative Lambert of the 66th:
A bill to provide for changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate to appoint constables.

HB 1587. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the composition of the education districts.

HB 1591. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the duties of the chairman.

HB 1592. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to authorize the members of the board to fix their compensation up to a maximum limit.

HB 1593. By Representatives Isakson and Wilder of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to increase the number of assistant district attorneys.

HB 1595. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judge of the state court.

HB 1596. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the probate judge of Cobb County to the salary system, so as to provide for an additional deputy clerk of the Probate Court of Cobb County.

HB 144. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service; to provide for contributions.

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JOURNAL OF THE SENATE

HB 723. By Representative Jackson of the 65th:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear and eye-protective devices so that it will only apply to persons under the age of 18.

HB 1191. By Representatives Mangum, Athon and Alford of the 57th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that in any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county.

HB 1312. By Representatives Bailey, Lee, Benefield and others of the 72nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to four the number of judges for the Clayton Judicial Circuit.

HB 1344. By Representative Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to sales and conveyances by administrators and executors, so as to provide that notice of petition to sell real property shall be published in the county where the petition is filed and, if the property is in another county, shall also be published in the county where the property is located.

HB 1354. By Representatives Atkins of the 21st, Thompson and Burruss of the 20th and others:
A bill to amend Code Section 15-11-35 of the Official Code of Georgia Annotated, relating to disposition of delinquent children by juvenile courts, so as to provide that, in any case where a child is found to have committed a delinquent act and has not achieved a high school diploma or the equivalent, the court may require as a condition of probation that the child pursue a course of study.

HB 1362. By Representatives Bolster of the 30th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, so as to change the limitation on the aggregate amount of taxes which may be levied on charges for rooms and lodging.

TUESDAY, FEBRUARY 14, 1984

1513

HB 1369. By Representative Auten of the 156th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize local boards of education to obtain accident insurance policies to insure school children against bodily injury or death.

HB 1314. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.

HB 1416. By Representatives Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards and the office of the joint-secretary, so as to repeal the provisions relating to bonds for investigators to carry firearms.

HB 951. By Representative Phillips of the 120th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests.

HB 1016. By Representatives Wilson and Burruss of the 20th, Crosby of the 150th and Kilgore of the 42nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation.

HB 1090. By Representatives Lawler and Cooper of the 20th and Coleman of the 118th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Annotated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.

HB 1209. By Representatives Sherrod of the 143rd, Long of the 142nd, Royal of the 144th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three-wheeled motorcycles used only for agriculture purposes.

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JOURNAL OF THE SENATE

HB 1294. By Representatives Sizemore of the 136th, Reaves of the 147th, Phillips of the 120th and others:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to licensing sanctions under the "Georgia Pesticide Use and Application Act of 1976," so as to provide that conviction of a crime involving controlled substances shall be grounds for denial, revocation, or suspension of a license.

HB 1328. By Representatives McKinney of the 35th and Clark of the 55th:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Annotated, relating to refusal or revocation of hospital staff privileges, so as to provide for additional standards for acting upon applications for hospital staff privileges.

HB 1432. By Representatives Logan of the 67th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients.

HB 1439. By Representatives Martin of the 60th, Jackson of the 9th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for two new classes of drivers' licenses.

HB 1512. By Representatives Alford of the 57th, Logan of the 67th, Wilson of the 20th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the centennial of the founding of the Georgia Institute of Technology.

HB 1526. By Representatives Cox of the 141st, Hanner of the!31st, Royal of the 144th and others:
A bill to authorize the governing authorities of the counties comprising the South Georgia Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the South Georgia Judicial Circuit.

TUESDAY, FEBRUARY 14, 1984

1515

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

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

HR 623. By Representatives McKinney of the 35th, Childers of the 15th, Selman of the 32nd and others:
A resolution creating the Joint Committee to Study the Creation of Separate Mental Health and Mental Retardation Divisions.

The House has agreed to the Senate amendments to the following resolutions 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.

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 located in Sumter County, Georgia, to the Sumter County Board of Commissioners.

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

HB 1036. By Representative Buck of the 95th:
A bill 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 prohibition 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.

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JOURNAL OF THE SENATE

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

HB 1062. By Representatives Phillips of the 120th, Ginsberg of the 122nd, Godbee of the 110th and Lane of the 11 Ith:
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.

The House has disagreed to the Senate substitutes to the following bills of 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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of judges of the superior courts.

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 Annotated, relating to the designation of the form of municipal voter registration, so as to provide that municipalities electing not to use the county registration list shall be required to use forms provided by the Secretary of State.

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 Annotated, relating to compulsory and permissive counterclaims, 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.

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.

The House insists on its position in disagreeing to the Senate substitute and has

TUESDAY, FEBRUARY 14, 1984

1517

appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 Annotated, relating to licensing of auctioneers, so as to make it unlawful for a licensed auctioneer to engage in the practice of auctioning real property unless such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

The Speaker has appointed on the part of the House:

Representatives Childers of the 15th, Caldwell of the 16th and Lambert of the 66th.

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

SB 559. By Senator McGill of the 24th:
A bill to provide that the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County; to provide for the compensation of the chief magistrate.
Referred to Committee on Federal, State and Community Affairs.

SB 560. By Senator McGill of the 24th:
A bill to provide for the Board of Education of Wilkes County; to provide for election districts; to provide for qualifications; to provide for the election of the board of education.
Referred to Committee on Federal, State and Community Affairs.

SR 415. By Senators Coleman of the 1st, Bryant of the 3rd, Peevy of the 48th and others:
A resolution creating the Senate Transportation Study Committee.
Referred to Committee on Transportation.

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

HB 144. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to credit for the Employees' Retirement System of Georgia

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JOURNAL OF THE SENATE

for prior service, so as to provide credit for certain military service; to provide for contributions.
Referred to Committee on Retirement.

HB 723. By Representative Jackson of the 65th:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear and eye-protective devices so that it will only apply to persons under the age of 18.
Referred to Committee on Public Safety.

HB 951. By Representative Phillips of the 120th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests.
Referred to Committee on Economic Development and Tourism.

HB 1016. By Representatives Wilson of the 20th, Crosby of the 150th, Burruss of the 20th and Kilgore of the 42nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation.
Referred to Committee on Banking and Finance.

HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Annotated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.
Referred to Committee on Public Safety.

HB 1191. By Representatives Mangum of the 57th, Athon of the 57th and Alford of the 57th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that in any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county.
Referred to Committee on Public Safety.

TUESDAY, FEBRUARY 14, 1984

1519

HB 1209. By Representatives Sherrod of the 143rd, Long of the 142nd, Royal of the 144th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three-wheeled motorcycles used only for agricultural purposes.
Referred to Committee on Transportation.

HB 1294. By Representatives Sizemore of the 136th, Reaves of the 147th, Phillips of the 120th and others:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to licensing sanctions under the "Georgia Pesticide Use and Application Act of 1976," so as to provide that conviction of a crime involving controlled substances shall be grounds for denial, revocation, or suspension of a license.
Referred to Committee on Agriculture.

HB 1312. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to four the number of judges for the Clayton Judicial Circuit.
Referred to Committee on Judiciary.

HB 1314. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.
Referred to Committee on Judiciary and Constitutional Law.

HB 1328. By Representatives McKinney of the 35th and Clark of the 55th:
A bill to amend Code Section 31 -7-7 of the Official Code of Georgia Annotated, relating to refusal or revocation of hospital staff privileges, so as to provide for additional standards for acting upon applications for hospital staff privileges.
Referred to Committee on Human Resources.

HB 1344. By Representative Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to sales and conveyances by administrators and executors, so as to provide that notice of petition to sell real property shall be published in the county where the petition is filed and, if the property is

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JOURNAL OF THE SENATE

in another county, shall also be published in the county where the property is located.
Referred to Committee on Judiciary and Constitutional Law.

HB 1354. By Representatives Atkins of the 21st, Thompson of the 20th, Burruss of the 20th and others:
A bill to amend Code Section 15-11-35 of the Official Code of Georgia Annotated, relating to disposition of delinquent children by juvenile courts, so as to provide that, in any case where a child is found to have committed a delinquent act and has not achieved a high school diploma or the equivalent, the court may require as a condition of probation that the child pursue a course of study.
Referred to Committee on Children and Youth.

HB 1362. By Representatives Bolster of the 30th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, so as to change the limitation on the aggregate amount of taxes which may be levied on charges for rooms and lodging.
Senator Howard of the 42nd moved that HB 1362 be engrossed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1362 was engrossed.
Referred to Committee on Banking and Finance.

HB 1369. By Representative Auten of the 156th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize local boards of education to obtain accident insurance policies to insure school children against bodily injury or death.
Referred to Committee on Education.

HB 1416. By Representatives Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards and the office of the joint-secretary, so as to repeal the provisions relating to bonds for investigators to carry firearms.
Referred to Committee on Public Safety.

TUESDAY, FEBRUARY 14, 1984

1521

HB 1432. By Representatives Logan of the 67th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients.
Referred to Committee on Higher Education.

HB 1439. By Representatives Martin of the 60th, Jackson of the 9th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for two new classes of drivers' licenses.
Referred to Committee on Transportation.

HB 1512. By Representatives Alford of the 57th, Logan of the 67th, Wilson of the 20th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the centennial of the founding of the Georgia Institute of Technology.
Referred to Committee on Transportation.

HB 1526. By Representatives Cox of the 141st, Hanner of the 131st, Royal of the 144th and others:
A bill to authorize the governing authorities of the counties comprising the South Georgia Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the South Georgia Judicial Circuit.
Referred to Committee on Judiciary.

HR 623. By Representatives McKinney of the 35th, Childers of the 15th, Selman of the 32nd and others:
A resolution creating the Joint Committee to Study the Creation of Separate Mental Health and Mental Retardation Divisions.
Referred to Committee on Human Resources.

HB 870. By Representative Twiggs of the 4th:
A bill to amend an Act revising the charter of the City of Hiawassee in Towns County, so as to further revise said charter and to provide for all matters relating to the City of Hiawassee in Towns County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1478. By Representative Bostick of the 138th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to authorize the board of commissioners to levy, assess, and collect license fees, charges, or taxes on trades, businesses, and professions in the unincorporated area of Tift County.
Referred to Committee on Federal, State and Community Affairs.

HB 1571. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change the compensation of the chairman of said board.
Referred to Committee on Federal, State and Community Affairs.

HB 1572. By Representative Bray of the 91st:
A bill to amend an Act incorporating the Town of Moreland, so as to change the corporate limits. Referred to Committee on Federal, State and Community Affairs.

HB 1573. By Representatives Caldwell of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner, so as to provide for periodic increases in the salary of the tax commissioner.
Referred to Committee on Federal, State and Community Affairs.

HB 1574. By Representatives Caldwell of the 16th, McKelvey of the 15th and Chiiders of the 15th:
A bill to amend an Act establishing compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to provide for periodic increases in the salary of the clerk of superior court.
Referred to Committee on Federal, State and Community Affairs.

HB 1576. By Representatives Clark of the 55th, Redding of the 50th, Williams of the 54th and others:
A bill to provide for the number and election of the magistrates of the Magistrate Court of DeKalb County.
Referred to Committee on Federal, State and Community Affairs.

HB 1577. By Representatives Porter of the 119th and Coleman of the 118th: A bill to make provisions for the Magistrate Court of Laurens County.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 14, 1984

1523

HB 1581. By Representatives Kilgore of the 42nd and Watts of the 41st: A bill to provide a board of elections for Douglas County.
Referred to Committee on Federal, State and Community Affairs.

HB 1582. By Representatives Matthews of the 145th and Royal of the 144th: A bill to make provisions for the Magistrate Court of Colquitt County.
Referred to Committee on Federal, State and Community Affairs.

HB 1583. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 1584. By Representatives Kilgore of the 42nd and Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Federal, State and Community Affairs.

HB 1585. By Representative Lambert of the 66th:
A bill to provide for changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate to appoint constables.
Referred to Committee on Federal, State and Community Affairs.

HB 1587. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the composition of the education districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1591. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the duties of the chairman.
Referred to Committee on Federal, State and Community Affairs.

HB 1592. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to authorize the members of the board to fix their compensation up to a maximum limit.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1593. By Representatives Isakson of the 21st, Thompson of the 20th, Wilder of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to increase the number of assistant district attorneys.
Referred to Committee on Federal, State and Community Affairs.

HB 1595. By Representatives Thompson of the 20th, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judge of the state court.
Referred to Committee on Federal, State and Community Affairs.

HB 1596. By Representatives Thompson of the 20th, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the probate judge of Cobb County to the salary system, so as to provide for an additional deputy clerk of the Probate Court of Cobb County.
Referred to Committee on Federal, State and Community Affairs.

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

Mr. President:

The Committee on Consumer Affairs 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 754. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1187. Do pass.
Respectfully submitted,
Senator Scott of the 43rd District, Chairman

TUESDAY, FEBRUARY 14, 1984

1525

Mr. President:

The Committee on Federal, State and Community Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 122. SB 530. SB 541. SB 542. SB 550. SB 551. SB 552. SB 553. SB 554. SB 555. SB 556. SB 557. SB 558. HB 1247. HB 1255. HB 1256. HB 1257. HB 1287. HB 1288. HB 1318. HB 1321. HB 1338. HB 1348. HB 1349. HB 1350. HB 1361. HB 1381. HB 1382. HB 1383. HB 1394.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1403. HB 1417. HB 1425. HB 1429. HB 1436. HB 1440. HB 1443. HB 1444. HB 1445. HB 1446. HB 1447. HB 1448. HB 1449. HB 1452. HB 1466. HB 1469. HB 1470. HB 1471. HB 1479. HB 1480. HB 1481. HB 1482. HB 1483. HB 1484. HB 1485. HB 1487. HB 1488. HB 1489. HB 1492.

Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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HB 1497. Do pass.

HB 1498. Do pass. Respectfully submitted.
Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1499. HB 1501. HB 1502. HB 1503. HB 1504. HB 1505.

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

HB 1507. HB 1508. HB 1509. HB1511. HB 1516. HB 1517.

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 following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1274. Do pass as amended.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

HB 520. HB 1008. HB 1133.

Do pass. Do pass. Do pass.

HB1181. Do pass. HB 1339. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

TUESDAY, FEBRUARY 14, 1984

1527

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 49. Do pass by substitute. HB 1276. Do pass by substitute.

HB 1296. Do pass by substitute.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 967. 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 and resolution of the Senate and House and has instructed me to
report the same back to the Senate with the following recommendations:

SR 396. Do pass. HB 1390. Do pass.

HB 877. Do pass by substitute. HB 1332. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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HB 1078. Do pass by substitute. Respectfully submitted, Senator Greene of the 26th District, Chairman
The following bills of the House were read the second time:

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 collection of fines and forfeitures by district attorneys.

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

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 jurisdiction in garnishment proceedings.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President called for the morning roll call, and the following Senators answered to their names:

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

Burton Cobb Coggin
Coleman Coverdell Dawkins
Deal English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Huggins
Kennedy Kidd
Lester McGill

TUESDAY, FEBRUARY 14, 1984

1529

McKenzie Peevy Perry
Phillips Reddish
Scott of 2nd Scott of 43rd

Starr Stumbaugh Tate
Thompson Turner
Tysinger Walker

Those not answering were Senators:

Bond Dean Hill (excused)

Hudgins Land (excused) Scott of 36th

Timmons Trulock

Senator Coggin of the 35th introduced the chaplain of the day, Dr. Ike Reighard, pastor of the New Hope Baptist Church, Fayetteville, Georgia, who offered scripture reading and prayer.

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

Mr. President:

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

HB 905. By Representative Richardson of the 52nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to revise the definition of "to practice applied psychology".

The following resolutions of the Senate were read and adopted:

SR 410. By Senator Broun of the 46th:
A resolution commending the University of Georgia Bulldog Football Team and inviting them to appear before the Senate on Tuesday, February 14, 1984.

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SR 411. By Senator Broun of the 46th: A resolution inviting UGA IV to the Senate on February 14, 1984.

SR 412. By Senator Broun of the 46th:
A resolution commending Coach Vince Dooley and inviting him to appear before the Senate on Tuesday, February 14, 1984.

SR 413. By Senator Broun of the 46th:
A resolution commending the varsity cheerleaders of the University of Georgia and inviting them to the Senate on February 14, 1984.

SR 414. By Senator Broun of the 46th:
A resolution commending Mike Castronis and inviting him to appear before the Senate on February 14, 1984.

SR 416. By Senators Foster of the 50th, Deal of the 49th, Howard of the 42nd and others:
A resolution commending the Georgia-Pacific Corporation.

SR 417. By Senators Thompson of the 32nd, Barnes of the 33rd, Harrison of the 37th and Brantley of the 56th:
A resolution expressing regret at the passing of Honorable Larry McDonald.

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.

Senator Garner of the 30th asked unanimous consent that Senator Hill of the 29th be excused from the Senate today due to a death in his family; the consent was granted, and Senator Hill of the 29th was excused.

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

The State Senate Atlanta, Georgia 30334
February 14, 1984
Mr. President,
The Committee on Rules met this morning, Tuesday, February 14th at 10:20 A.M., and submits the following supplement to the rules calendar of this date:

TUESDAY, FEBRUARY 14, 1984

1531

SR 383 is to be placed on the rules calendar immediately preceding SB 548.
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

SENATE RULES CALENDAR
Tuesday, February 14, 1984
THIRTY-THIRD LEGISLATIVE DAY
SR 383 C. H. (Fat) James, Sr. Memorial Highway--designate (Trns--33rd)
SB 548 Municipal Taxation--remove millage limit for assistance to develop ment authority (ED&T--27th)
SB 549 County Taxation--remove millage limit for assistance to develop ment authority (ED&T--27th)
SB 314 Health Insurance Policies--additional requirement (SUBSTITUTE) (AMENDMENT) (Ins--23rd)
SR 362 Problem Drinker and Highway Safety Study Committee--create (AMENDMENT) (Pub Saf--40th)
SR 363 Driving Under the Influence--requesting development of information on arrests (Pub Saf--40th)
SB 424 Releases, Covenants Not to Sue--change release and protection (SUBSTITUTE) (Judy--42nd)
SB 466 Superior Court Clerks--use of additional funds charged (SUBSTI TUTE) (Judy--52nd)
SB 493 Pilot Community Work Experience Programs--repeal certain provi sions on establishing (Hum R--39th)
SB 511 Personal Property Wrongfully Held by Another--recovery (Judy--22nd)
SB 524 Jekyll Island State Park Authority--change membership (ED&T--46th)
SB 535 Architects--additional method to qualify for examination (AMEND MENT) (Gov Op--37th)
SB 537 Campus Policemen--redefine "campus" (FS&CA-G--43rd)
SB 538 Amateur Radio Operators--special license plates requirements (Trns--41st)
SB 539 Certain Criminal, Traffic Cases--amount from additional funds for administrative expenses (Judy--35th)
SB 544 Cobb Judicial Circuit Superior Court Judges--increase to six (J&CL--33rd)
SB 545 Goods Manufactured by Inmates--sale to private colleges and uni versities (FS&CA-G--20th)

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SR 389 HB 213 HB 1195 HB 957 HB 969 HB 1236 HB 1064 HB 985 HB 1158 HR 543 HB 511 HB 1083 HB 1091 HR 504 SB 493

Senate Motor Vehicle Inspection Study Committee--create (Trns--46th)
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)
County Boards of Equalization--time period for filing notice of ap peal (SUBSTITUTE) (B&F--33rd)
Joint County-City Boards of Election--provide (Gov Op--I2th)
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)
Pilot Community Work Experience Programs--repeal certain provi sions on establishing (Hum R--39th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general resolution of the Senate, having been read the third time and lost on February 13, and reconsidered previously today, was put upon its passage:

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.

TUESDAY, FEBRUARY 14, 1984

1533

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 Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

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

Those not voting were Senators:

Allgood Barker Bond
Broun of 46th Brown of 47th

Harrison Hill (excused) Land (excused) McKenzie

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

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

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

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

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.

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 Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kennedy Kidd Lester

McGill Peevy Perry Phillips Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Horton.

Those not voting were Senators:

Barker Bond Brown of 47th Fincher

Harrison Hill (excused) Land (excused) McKenzie

Reddish Scott of 2nd Scott of 36th

On the passage of the bill, the yeas were 44, nays 1.

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

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 1150.

TUESDAY, FEBRUARY 14, 1984

1535

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1150.

The following local bills of the Senate were taken up for the purpose of consider ing the House substitutes thereto:

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 House substitute to SB 476 was as follows:

A BILL
To be entitled an Act to amend an Act incorporating the Town of Mc lntyre, Georgia, approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, so as to extend the corporate limits of the Town of Mclntyre; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the Town of Mclntyre, Georgia, ap proved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, is amended by striking Section 1-4 in its entirety and inserting in lieu thereof a new Section 1-4 to read as follows:
"Section 1-4. Corporate Limits Defined, (a) The corporate limits of the Town shall extend as follows: three-fourths ( 3A) of a mile in all directions from the Town Hall located in said Town.
(b) In addition to the corporate limits stated in subsection (a) of this section, the corporate limits of the Town of Mclntyre shall be enlarged and extended to include the additional and contiguous territory described as follows:
Beginning at a point at the intersection of the western city lim its of the Town of Mclntyre and the Northern right of way of Vinson Road. Thence running in a Westerly direction along the northern right of way of Vinson Road and following the curvature thereof for a distance of 4,005 feet, more or less, to a point referred to herein as Point A. Thence running along a line in a Southwesterly direction, said line being perpen dicular to the right of way of Vinson Road, a distance of 80 feet to a point referred to herein as Point B, said point being the intersection of the Southern right of way of Dedrick Road and the Southern right of way of Vinson Road. Thence running along the Southern right of way of Dedrick Road and following the curvature thereof, for a distance of 3,425 feet, more or less, to a point. Thence running along a line in a Southerly direction, said line being perpendicular to the right of way of Dedrick Road, for a distance of 280 feet to a point. Thence running along a line in a Westerly direction, said line being parallel to the right

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of way of Dedrick Road for a distance of 325 feet to a point. Thence running in a Northerly direction along a line, said line being perpendicu lar to the right of way of Dedrick Road for a distance of 282.0 feet to a point, said point being 2.0 feet inside the southern right of way of De drick Road. Thence running in an Easterly direction along a line, said line running parallel and following the curvature of Dedrick Road a dis tance of 3,750 feet, more or less, to a point, said point being 2.0 feet Northwest from Point B as measured parallel to the right of way of Vinson Road. Thence running in a Northeasterly direction along a line, said line being perpendicular to the right of way of Vinson Road, for a dis tance of 80 feet to a point on the Northern right of way of Vinson Road, said point being 2.0 feet Northwesterly as measured parallel to the right of way of Vinson Road from Point A. Thence running along said right of way of Vinson Road in a Northwesterly direction, and following the cur vature thereof, for a distance of 870 feet, more or less, to a point beyond the Nathaniel Cummings Cemetery. Thence running in a Northeasterly direction along a line, said line being perpendicular to the right of way of Vinson Road, a distance of 417.5 feet to a point. Thence running in an Easterly direction along a line, said line running parallel to and following the curvature of the right of way of Vinson Road a distance of 4,530 feet, more or less, to a point that intersects the Westerly edge of the city limits of the Town of Mclntyre, said point being 417.5 feet from the Northern right of way of Vinson Road, as measured perpendicular to said right of way. Thence running in a Southerly direction along the Western edge of the city limits of the Town of Mclntyre, a distance of 417.5 feet, more or less, to the point of beginning."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 476.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 476.

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.

The House substitute to SB 474 was as follows:

A BILL
To be entitled an Act to make provisions for the Magistrate Court of Jasper County; to provide for legislative intent; to provide for the appoint ment of a chief magistrate; to provide for the compensation of the chief magistrate; to provide for cost-of-living increases in compensation under cer tain conditions; to provide for collection of additional costs as law library

TUESDAY, FEBRUARY 14, 1984

1537

fees; 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. It is the intent of this Act to implement certain local pre rogatives authorized by Chapter 10 of Title 15 of the Official Code of Geor gia Annotated.
Section 2. During the month of December, 1984, and each four years thereafter, it shall be the duty of the chief judge of the Superior Court of Jasper County to appoint a successor to the chief magistrate of the Magis trate Court of Jasper County, who shall take office on the first day of Janu ary following his appointment to serve for four years and until his successor is appointed and qualified.
Section 3. A vacancy in the office of chief magistrate of the Magis trate Court of Jasper County shall be filled by appointment by the chief judge of the Superior Court of Jasper County. Such appointment shall be for the remainder of the unexpired term in which the vacancy occurred. At the end of such term, the chief magistrate shall be appointed in accordance with Section 2 of this Act.
Section 4. (a) The chief magistrate shall receive an annual salary of $7,000.00 to be paid in equal monthly installments from county funds.
(b) On and after January 1, 1985, when the governing authority of Jasper County grants a cost-of-living increase in the compensation of county employees, the salary of the chief magistrate shall be increased by the same percentage or the same amount, whichever is applicable, and shall be paid from the funds of the county.
Section 5. (a) The collection of additional costs in cases before the Magistrate Court of Jasper County shall be made for the benefit of the Jas per County Law Library. The amount of such fees shall not exceed $2.00. The amount of such fees shall be determined by the chief judge of the Supe rior Court of Jasper County.
(b) The clerk of the Magistrate Court of Jasper County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library.
Section 6. 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 474.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 474.

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

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.

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

On 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 Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engram Foster Gillis Harris Hine Holloway Howard Huggins Kennedy Kidd Lester McGill McKenzie

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

Voting in the negative was Senator Horton.

Those not voting were Senators:

Barker Bond Brantley Brown of 47th English

Fincher Garner Greene Harrison Hill (excused)

Hudgins Land (excused) Reddish Scott of 2nd Scott of 36th

On the passage of the bill, the yeas were 40, nays 1.

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

TUESDAY, FEBRUARY 14, 1984

1539

The following general bill of the Senate, having been read the third time and ta bled on February 8, and taken from the Table on February 13, was put upon its passage:

SB 314. By Senator tester 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.

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 I. Code Section 33-29-4 of the Official Code of Georgia An notated, relating to optional policy provisions, is amended by striking para graph (11) of subsection (b) of said Code section in its entirety and substi tuting in lieu thereof a new paragraph (11) to read as follows:
"(11) (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

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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 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 Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 314 offered by the Senate Committee on Insurance by striking from line 15 of Page 1 the following:
"(A)".
By striking lines 17 through 27 of Page 1, lines 1 through 34 of Page 2, and lines 1 through 7 of Page 3 and inserting in their place the following:
"insurance with other insurers except as follows:
(A) Policies may be written at an appropriate reduced premium con taining a deductible not exceeding 10 percent of the principal amount of the coverage provided; and
(B) Policies may be written at an appropriate reduced premium which contain provisions making the coverage excess over other health or accident and sickness coverage existing at the time the excess coverage policy is written.'"

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

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

TUESDAY, FEBRUARY 14, 1984

1541

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 Coverdell Dean

English Engram Fincher Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kennedy Lester

Those voting in the negative were Senators:

McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Trulock Turner Walker

Dawkins Deal Foster Greene

Horton Hudgins Kidd

Those not voting were Senators:

Peevy Scott of 43rd Tysinger

Bond Brannon

Hill (excused) Land (excused)

Tate Thompson

On the passage of the bill, the yeas were 40, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute.

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The following resolution of the Senate was read and adopted:

SR 419. By Senator Kidd of the 25th: A resolution commending Professional Secretaries International.

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

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 House substitute to SB 470 was as follows:

A BILL
To be entitled an Act to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, is amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) (A) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts:
Chief deputy ............................ $16,050.00 to $19,364.00 Office deputy supervisor .................... 7,062.00 to 13,172.00 One courtroom deputy criminal case
coordinator............................ 7,062.00 to 12,673.00 One courtroom deputy civil case
coordinator. ........................... 7,062.00 to 12,310.00 Six deputy clerks .......................... 7,062.00 to 11,616.00
(B) Effective July 1, 1985, the salaries of such personnel and their maximum salaries may be increased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living increase granted to employees of the Glynn County

TUESDAY, FEBRUARY 14, 1984

1543

governing authority. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County."
Section 2. This Act shall become effective on July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Bryant of the 3rd moved that the Senate disagree to the House substitute to SB 470.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 470.

Senator Coggin of the 35th introduced the doctor of the day, Dr. Henry E. Steadman, of Atlanta, Georgia.

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

SR 362. By Senator Coverdell of the 40th:
A resolution creating the Problem Drinker and Highway Safety Study Committee.

The Senate Committee on Public Safety offered the following amendment:

Amend SR 362 as follows:
By striking paragraphs (1) through (4) where the same appear in lines 16 through 24 on Page 2 and substituting in lieu thereof three new paragraphs to read as follows:
"(1) A member of the Senate Human Resources Committee ap pointed by the President of the Senate;
(2) Three Senators appointed by the President of the Senate;
(3) A member of the House Health and Ecology Committee ap pointed by the Speaker of the House;".

By renumbering paragraphs (5) through (8) where the same appear in lines 25 through 29 on Page 2 and lines 1 through 5 on Page 3 as paragraphs (4) through (7), respectively.

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

1544

JOURNAL OF THE SENATE

Senator Coverdell of the 40th offered the following substitute to SR 362:

A RESOLUTION
Creating the Problem Drinker and Highway Safety Study Committee; and for other purposes.
WHEREAS, more than 700 Georgians are killed in alcohol related crashes and thousands more are seriously injured each year; and
WHEREAS, studies show that over 75 percent of all drunk drivers are in the late stages of alcoholism; and
WHEREAS, evaluation for alcoholism as the result of the offense of driving under the influence of alcohol (DUI) provides early identification and intervention for effective treatment and prevention of repeat offenses; and
WHEREAS, the clear mandate of the law and the authority of the court provide the motivation required to make early treatment acceptable and effective; and
WHEREAS, DUI offenders who are assessed to need treatment are likely to be able to pay for needed services; and
WHEREAS, alcoholics so identified and treated complete treatment 75 percent of the time and are three times less likely to be repeat DUI offend ers; and
WHEREAS, costs to the public and service availability are issues that need to be addressed in support of mandated evaluation and needed treat ment of DUI offenders; and
WHEREAS, agreements between some courts and community mental health centers and the use of court evaluators provided by highway safety grants already exist in Georgia to provide models for an effective program that could be established.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Problem Drinker and Highway Safety Study Committee is created to study ways in which the State of Georgia may support and encourage iden tification, evaluation, and treatment of drivers who are dependent on alco hol. The committee shall be composed of five members of the Senate and three citizens of Georgia interested in highway safety, all of whom shall be appointed by the President of the Senate. The President of the Senate shall designate one of the Senators appointed to the committee as chairman at the time the appointments are made by that officer.
BE IT FURTHER RESOLVED that the committee shall be author ized to meet for not more than ten days to carry out its duties unless addi tional days are authorized by the President of the Senate. The members of the committee who are Senators may receive the travel and other expenses provided by law for attending meetings of the committee. Citizen members of the committee shall receive no compensation for service on the committee

TUESDAY, FEBRUARY 14, 1984

1545

and may not be reimbursed for travel and other expenses for attending com mittee meetings.
BE IT FURTHER RESOLVED that the committee shall make a re port of its findings and recommendations to the Governor and to the mem bers of the General Assembly by January 1, 1985, on which date the com mittee shall stand abolished.

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 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Kennedy Kidd McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 aaLtpC
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon

Dawkins Hill (excused) Hudgins

Huggins Land (excused) Lester

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

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

1546

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 adhere to the Senate substitute to HB 884, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 884.

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

Senators Walker of the 19th, Cobb of the 28th and Dawkins of the 45th.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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

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.

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

TUESDAY, FEBRUARY 14, 1984

1547

Cobb Coggin Coleman Coverdell Dawkins Deal English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Kidd Lester McGill 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 Dean

Hill (excused) Huggins Kennedy (presiding)

Land (excused) McKenzie Scott of 36th

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

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

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Gillis of the 20th moved that the Senate recede from the Senate amend ment to HB 1062.

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

Those voting in the affirmative were Senators:

Allgood Barnes Brantley Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell

Dawkins Deal English Engram Fincher

1548

JOURNAL OF THE SENATE

Foster Garner Gillis S ree ^e HHaarrrriisson
Hine
Holloway Horton

Howard tester McKenzie CeCVy PPherilrlyips
Reddish
Scott of 2nd Scott of 43rd

Starr Stumbaugh jate Thompson Irul.ocrk.
Turner
Tysinger Walker

Voting in the negative were Senators Kidd and McGill.

Those not voting were Senators:

Barker Bond
Bowen Brannon Broun of 46th

Dean Hill (excused) Hudgins Huggins

Kennedy (presiding) Land (excused) Scott of 36th Timmons

On the motion, the yeas were 41, nays 2; the motion prevailed, and the Senate receded from the Senate amendment to HB 1062.

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

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.

The Senate Committee on Judiciary offered the following substitute to SB 424:

A BILL
To be entitled an Act 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 protection provided by releases and covenants not to sue in certain tort actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to releases, is amended by adding at the end thereof a new Code Section 13-4-83 to read as follows:
"13-4-83. (a) A release or covenant not to sue as to one tort-feasor

TUESDAY, FEBRUARY 14, 1984

1549

for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tort-feasor who may be liable for the same tort or death.
(b) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.
(c) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court, shall not be made known to the jury.
(d) This Code section shall apply to releases or covenants not to sue executed on and after July 1, 1984."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Kidd 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 Bond Brannon

Hill (excused) Hudgins Huggins

Kennedy (presiding) Land (excused) Scott of 36th

1550

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 47, 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard 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 Brannon Coleman Fincher

Harrison Hill (excused) Hudgins

Huggins Kennedy (presiding) Land (excused)

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 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

TUESDAY, FEBRUARY 14, 1984

1551

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.

The Senate Committee on Judiciary offered the following substitute to SB 466:

A BILL
To be entitled an Act to increase certain fees and costs charged and collected by courts in certain actions; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, so as to provide that certain additional funds charged and collected in each civil or criminal action, case, or proceeding shall be remitted in pro portions to the state treasury and to a special account of the county trea sury; to provide that such special account of the county treasury shall be used for the purposes of paying salaries and supplements to the judges of the superior courts, district attorneys, assistant district attorneys, clerks of court, or for indigent defense costs; to increase the deposit in all civil ac tions; to provide for an additional nonrefundable fee in all civil or criminal actions; to amend Code Section 36-15-9 of the Official Code of Georgia An notated, relating to the authorized collection of additional costs in court cases, so as to increase the maximum amount of costs per case assessed for a law library; 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 15-6-77 of the Official Code of Georgia An notated, relating to fees of clerks of the superior courts, is amended by strik ing subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The clerks of the superior courts of this state shall be enti tled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury.
(2) Notwithstanding the provisions of paragraph (1) of this subsec tion, the fees collected in civil cases under the provisions of paragraph (13) of subsection (b) of this Code section and the fees collected in crimi nal cases under the provisions of paragraph (9) of subsection (0 of this Code section shall be separately accounted for by each clerk of superior court. Each clerk of superior court, whether compensated on a fee basis or salary basis, shall remit two-thirds of such fees to the treasury of the state and shall pay one-third of such fees into a special account of the county treasury. Funds in such special account of the county treasury shall be county funds but shall be used for the purposes of paying sala ries and supplements, as may be determined from time to time, to the judge or judges of superior court, the district attorney, the assistant dis trict attorneys, or for paying the costs of indigent legal defense."

1552

JOURNAL OF THE SENATE

Section 2. Code Section 15-6-77 is further amended by striking para graph (1) of subsection (b) of said Code section in its entirety and substitut ing in lieu thereof a new paragraph (1) to read as follows:

"(1) Before filing any civil case or proceeding, in ac cordance with Code Section 9-15-4, a deposit of......................................
The deposit required by this paragraph shall be the total deposit collectable by the clerk for filing any civil case or proceeding. Such deposit shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such deposit and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this paragraph shall be deemed to require such deposit of the state, its agencies, or politi cal subdivisions."

$35.00

Section 3. Code Section 15-6-77 is further amended by adding at the end of subsection (b) of said Code section a new paragraph (13) to read as follows:

"(13) In addition to all other legal costs charged and collected in each civil action, case, or proceed ing, a fee, which fee shall notwithstanding the provisions of Code Section 9-15-4 not be re funded in any circumstances, in the amount

15.00"

Section 4. Code Section 15-6-77 is further amended by adding at the end of subsection (f) a new paragraph (9) to read as follows:

"(9) In addition to all other legal costs charged and collected in each criminal action, case, or pro ceeding, a fee, which fee shall be collected in accordance with Article 1 of Chapter 11 of Ti tle 17, in the amount of...................

15.00"

Section 5. Code Section 36-15-9 of the Official Code of Georgia An notated, relating to the authorized collection of additional costs in court cases, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $3.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the forego ing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of rec ord, except recorders' or police courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and col-

TUESDAY, FEBRUARY 14, 1984

1553

lected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeit ures fund of the court in which the case is filed, before any other dis bursement or distribution of such fines or forfeitures is made.
In any county having a population of more than 550,000 according to the United States decennial census of 1980 or any future such census, the power and authority provided in this subsection for the chief judge shall be exercised by the superior court judge who has the most service as a superior court judge."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean English

Engram Foster Garner Gillis Harris Harrison Hill Hine Holloway Howard Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Coleman

Kidd

Greene

Scott of 2nd

Those not voting were Senators:

Barker Bond

Brannon Coverdell

Fincher Horton

1554

JOURNAL OF THE SENATE

Hudgins Muggins

Kennedy (presiding) Land (excused)

Scott of 36th Timmons

On the adoption of the substitute, the yeas were 40, nays 4, 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 Brantley Broun of 46th Burton Cobb Coggin Dean English Engram Foster

Garner Gillis Harris Harrison Hill Hine Howard Lester McGill McKenzie Perry Phillips

Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 47th Bryant Deal

Greene Kidd

Peevy Scott of 2nd

Those not voting were Senators:

Barker Bond Brannon Coleman Coverdell

Dawkins Fincher Holloway Horton Hudgins

Huggins Kennedy (presiding) Land (excused) Tate

On the passage of he bill, the yeas were 35, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.

Senator Broun of the 46th introduced the University of Georgia football team,

TUESDAY, FEBRUARY 14, 1984

1555

their mascot, UGA IV, the varsity cheerleaders and Head Coach Vince Dooley, 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 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.
Senator Barnes of the 33rd moved that SB 493 be placed on the Table.
On the motion, 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 Bowen Brannon Brantley Broun of 46th Burton Cobb Coverdell Deal Dean English Fincher Foster

Garner Gillis Harris Harrison Hill Holloway Howard Hudgins Huggins Kennedy Lester McGill

McKenzie Peevy Perry Phillips Reddish Starr Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Brown of 47th Coleman Dawkins Engram

Greene Hine Horton Kidd Scott of 2nd

Scott of 36th Scott of 43rd Stumbaugh Tate

Those not voting were Senators:

Barker Bond

Bryant Coggin

Land (excused)

1556

JOURNAL OF THE SENATE

On the motion, the yeas were 37, nays 14; the motion prevailed, and SB 493 was placed on the Table.

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:00 o'clock P.M. and the motion prevailed.

At 12:46 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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

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

The resolution was adopted.

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

SB 511. By Senators Allgood of the 22nd and tester 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.

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

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

TUESDAY, FEBRUARY 14, 1984

1557

Those voting in the affirmative were Senators:

Allgood Barnes Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Foster

Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Kennedy Kidd Lester

McKenzie Peevy Phillips Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Bowen Brannon Brantley Bryant Coggin Coleman

Engram Fincher Hill Horton Howard Huggins Land (excused)

McGill Perry Reddish Scott of 2nd Scott of 36th Tate Walker

On the passage of the bill, the yeas were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes

Bowen Broun of 46th

Brown of 47th Burton

1558

JOURNAL OF THE SENATE

Cobb Coggin Coverdell Dawkins Deal Dean English Foster Garner Gillis Greene

Harris Harrison Hine Holloway Hudgins Huggins Kidd Lester McKenzie Peevy

Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Brannon Brantley Bryant Coleman Engram

Fincher Hill Horton Howard Kennedy (presiding) Land (excused)

McGill Perry Reddish Scott of 2nd Starr Walker

On the passage of the bill, the yeas were 37, nays 0.

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

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.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 535 by striking from Section 1, beginning on line 16 of Page 1, the following:
"(3) A bachelor's degree in architectural engineering technology from a school or college approved by the Accrediting Board for Engi neering and Technology and at least five years of practical experience as the board, by regulations uniformly applied, shall deem appropriate.",
and inserting in lieu thereof the following:
"(3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board

TUESDAY, FEBRUARY 14, 1984

1559

for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes
Bo wen
Broun of 46th Brown of 47th
Burton
Cobb Coggin Coverdell Dawkins Deal Dean Foster

Garner Gillis Greene Harris Harrison Mine Holloway Howard Hudgins Huggins Kidd Lester McGill

Those not voting were Senators:

Barker Bond Brannon Brantiey Bryant Coleman

English Engram Fincher Hill
Horton Kennedy (presiding)

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

On the passage of the bill, the yeas were 39, nays 0.

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

1560

JOURNAL OF THE SENATE

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.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kidd Lester McGill Peevy Perry Phillips Reddish Scott of 43rd Starr Thompson Timmons Trulock Turner Tysinger

Those voting in the negative were Senators Garner and Hill.

Those not voting were Senators:

Barker Bond Brannon Brantley

Kennedy (presiding) Land (excused) McKenzie Scott of 2nd

Scott of 36th Stumbaugh Tate Walker

On the passage of the bill, the yeas were 42, nays 2.

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

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.

TUESDAY, FEBRUARY 14, 1984

1561

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon 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 Lester Peevy Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Brantley Fincher

Kennedy (presiding) Land (excused) McGill McKenzie

Scott of 2nd Scott of 36th Tate Walker

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

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

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.

The report of the committee, which was favorable to the 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 Barnes Bond Bowen Brannon Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins

Huggins Kidd Lester McGill McKenzie Peevy Perry Phillips Scott of 43rd Stumbaugh Thompson Trulock Turner Tysinger

Those not voting were Senators:

Barker Brantley Broun of 46th
Cobb Kennedy (presiding)

Land (excused) Reddish Scott of 2nd Scott of 36th

Starr Tate Timmons Walker

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

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

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.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond

Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell |?eal EDnegalnish
Engram Fincher Foster Garner Gillis Greene

TUESDAY, FEBRUARY 14, 1984

1563

Harris Harrison Hill Hine Holloway HHoowrtoanrd
Hudgins Huggins Kidd tester McGill McKenzie

Peevy Phillips Reddish Scott of 2nd Scott of 36th Sccot..t off 4,3,rd,
^tarr Stumbaugh Thompson Trulock Turner Tysinger

Those not voting were Senators:

Barker Brantley Dawkins

Kennedy (presiding) Land (excused) Perry

Tate Timmons Walker

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

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

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

Mr. President:

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

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

HR 644. By Representatives Galer of the 97th and Steinberg of the 46th:
A resolution creating the Joint Part-time State Employment Study Committee.

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JOURNAL OF THE SENATE

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

HB 1568. By Representative Lane of the 27th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for operation of vehicles, so as to change the amount of license fees for the operation of motorcycles.

HB 1291. By Representative Ginsberg of the 122nd:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to allow the waiver of publication of certain notices regarding applications for administration, ad ministration de bonis non, or private sales.

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

HR 706. By Representatives Triplet! of the 128th, McDonald of the 12th, Burruss of the 20th and others:
A resolution providing for the designation of the "Thomas B. Murphy Ball room" of the Georgia World Congress Center.

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

HB 1281. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, so as to change the terms of court of the Douglas Judicial Circuit.

HB 1196. By Representatives Kilgore of the 42nd, Crosby of the 150th and Williams of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, so as to provide civil penalties for filing frivo lous income tax returns.

HB 1123. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others.
A bill to amend Code Section 10-1-451 of the Official Code of Georgia An notated, relating to injunctions against infringement of registered trade marks or service marks, so as to authorize a court to order to require that a

TUESDAY, FEBRUARY 14, 1984

1565

defendant pay to the owner of a registered trademark or service mark up to three times the profits derived from wrongful manufacture, use, display, or sale of counterfeits or imitations, and up to three times all damages suffered
by reason of such wrongful manufacture, use, display, or sale of counterfeits or imitations, or both profits and damages.

HB 1569. By Representatives Reaves of the 147th, Carter of the 146th and Bostick of the 138th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation, so as to change the mem bership of the authority.

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

HR 733. By Representatives Bolster of the 30th and Wilson of the 20th:
A resolution proposing an amendment to the Constitution, so as to authorize the creation of special community improvement districts for the purpose of providing governmental services.

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

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.

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 1324. By Representative Colbert of the 23rd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for staggered terms of members of the board of trustees of the county-wide library system.

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JOURNAL OF THE SENATE

HB 1486. By Representative Lane of the 27th:
A bill to amend an Act establishing a new charter for the City of East Point, Georgia, so as to change the date on which elections for filling the offices of mayor and council of the City of East Point, Georgia, shall be held.

HB 1564. By Representative Adams of the 36th:
A bill to amend an Act providing for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County, so as to provide for the appointment of part-time magistrates.

HB 1598. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County.

HB 1600. By Representative Phillips of the 120th: A bill to provide a new charter for the City of Soperton.

HB 1601. By Representative Smith of the 152nd: A bill to create the State Court of Bacon County.

HB 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.

HB 1603. By Representative Coleman of the 118th: A bill to make provisions for the Magistrate Court of Dodge County.

HB 1605. By Representatives Bailey, Lee and 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 provide that appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or Supreme Court rather than to the Superior Court of Clayton County.

HB 1606. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change provisions relating to the corporate limits of the city.

TUESDAY, FEBRUARY 14, 1984

1567

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

SB 494. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act creating the Gwinnett Judicial Circuit, 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.

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 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 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.

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

On 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Lester McGill

1568
McKenzie Peevy Phillips Reddish Scott of 2nd

JOURNAL OF THE SENATE

Scott of 36th Scott of 43rd Starr Stumbaugh Tate

Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Brantley

Dawkins Kennedy (presiding) Land (excused)

Perry Walker

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

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

SR 389. By Senator Broun of the 46th:
A resolution creating the Senate Motor Vehicle Inspection 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 Brannon Broun of 46th Brown of 47th Bryant
Cobb"
Coggin Coleman Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill
HoHoway
Horton Howard Hudgins Huggins Kidd Lester McGill

McKenzie Peevy Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr
^tumbaugh
Ife Thompson Timmons Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 14, 1984

1569

Those voting in the negative were Senators:

Bond

Coverdell

Phillips

Those not voting were Senators:

Barker Brantley

Dawkins Kennedy (presiding)

Land (excused) Perry

On the adoption of the resolution, the yeas were 47, nays 3.

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

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.
Senate Sponsor: Senator Mine of the 52nd.

The Senate Committee on Judiciary offered the following substitute to HB 213:

A BILL
To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change the penalty pro visions relating to persons who are convicted of the crimes of aggravated assault, aggravated battery, or robbery against persons 65 years of age or older; to provide for certain procedures; 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. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end of Code Section 165-21, relating to the crime of aggravated assault, a new subsection (d) to read as follows:
"(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years."

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JOURNAL OF THE SENATE

Section 2. Said title is further amended by adding at the end of Code Section 16-5-24, relating to the crime of aggravated battery, a new subsec tion (d) to read as follows:
"(d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 3. Said title is further amended by adding at the end of Code Section 16-8-40, relating to the crime of robbery, a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by im prisonment for not less than five nor more than 20 years."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, 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 Brannon Brantley Coggin Dean English Engram Fincher

Foster Gillis Mine Holloway Horton Huggins Kidd Lester

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Deal

Greene Harris Hill Howard Hudgins McGill McKenzie Peevy

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

TUESDAY, FEBRUARY 14, 1984

1571

Those not voting were Senators:

Barker Barnes Bond Bryant

Dawkins Garner Harrison

Kennedy (presiding) Land (excused) Perry

On the adoption of the substitute, the yeas were 23, nays 23, and the substitute was lost.
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 Brown of 47th Burton Cobb Coggin Coleman Dean English Engram Fincher Foster

Garner Gillis Greene Harris Hill Hine Hollo way Horton Howard Hudgins Huggins Kidd 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:

Broun of 46th

Deal

Peevy

Those not voting were Senators:

Barker Bond Bryant

Coverdell Dawkins Harrison

Kennedy (presiding) Land (excused) Perry

On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

Senator Bond of the 39th moved that the following bill of the Senate, having been read the third time and placed on the Table previously today, be taken from the Table and put upon its passage:

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.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 493 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Gillis of the 20th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins

Huggins Kidd Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

TUESDAY, FEBRUARY 14, 1984

1573

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barker Bryant Dawkins

Engram Howard Kennedy (presiding)

Land (excused) Perry

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Deal Dean English

Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd tester

McGill McKenzie Peevy Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

1574

JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Barnes Bond Bryant Dawkins

Engram Gillis Howard Kennedy (presiding) Land (excused)

Perry Reddish Scott of 2nd Tate Timmons

On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Fincher of the 54th.
The Senate Committee on Human Resources offered the following substitute to HB 1236:
A BILL
To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions regarding the registration of pharmacists; to change the validity of pharmacy intern licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 26 of the Official Code of Georgia An notated, relating to pharmacists and pharmacies, is amended by striking Code Section 26-4-76, relating to biennial registration of pharmacists, and inserting in its place a new Code section to read as follows:
"26-4-76. (a) Every person who shall be duly licensed as a pharma cists under this part shall biennially, before engaging in any business under such license, register at the office of the joint-secretary. The regis tration shall be entered in a book to be kept for that purpose by the jointsecretary and shall show the registrant's name, nationality and creden tials, and date thereof under which he is entitled to engage in such pro fession at the time of filing such registration; and a certificate of registra tion stating the terms of the same shall be given him by the jointsecretary. The registration shall show the name and address of the regis trant's employer, or, if he is the owner or proprietor of a drug store or pharmacy, it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the jointsecretary within ten days after such change. Each registrant shall pay a

TUESDAY, FEBRUARY 14, 1984

1575

registration fee in an amount established by the board to the joint-secre tary. Any violation of this Code section shall be grounds for revocation or suspension of license.
(b) The board shall establish a program for the certification of phar macists who elect to participate in prescribed courses of continuing edu cation and who meet the minimum qualifications for such certification established by the board. No renewal certificate of continuing education certification shall be issued by the board or the joint-secretary until the applicant submits to the board satisfactory proof of his participation, during the calendar year preceding the year of his application for re newal, in not less than the required minimum number of hours of ap proved programs of continuing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical ed ucation shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons prac ticing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional orga nizations, or qualified individuals for the providing of approved programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe stan dards, approve and contract for educational programs, and set the re quired minimum number of hours per year.
(c) If the renewal fee for any pharmacist's continued education cer tificate shall remain unpaid as of the penalty date established by the joint-secretary, the holder thereof may be reinstated as a continued edu cation certified registered pharmacist only upon the payment of a penalty fee in an amount established by the board and all lapsed fees and upon proof of compliance with this Code section and all other provisions of this chapter, which proof shall be satisfactory to the board. Actual retirement from the profession by any registered pharmacist for a period not exceed ing five years shall not deprive him from the right to renew his certifica tion upon the payment of all lapsed fees, the completion of the minimum required number of hours of continuing professional pharmaceutical edu cation for each calendar year of retirement, and upon proof of compli ance with this chapter."
Section 2. Said chapter is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in its place the follow ing new Code section:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."

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JOURNAL OF THE SENATE

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

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Deal Dean English

Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd

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

Those not voting were Senators:

Barker Bryant
Coverdell Dawkins Gillis

Howard Kennedy (presiding) Land (excused) Lester

Perry Scott of 2nd Starr Tate

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

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

HB 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

TUESDAY, FEBRUARY 14, 1984

1577

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. 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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Horton Howard Hudgins

Huggins Kidd McGill McKenzie Phillips Reddish Scott of 43rd Starr Stumbaugh Thompson Turner Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barker Bryant Dawkins Dean Gillis

Holloway Kennedy (presiding) Land (excused) Lester Perry

Scott of 2nd Scott of 36th Tate Timmons Trulock

On the passage of the bill, the yeas were 39, nays 2. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Peevy of the 48th.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend HB 985 by inserting on line 23 of Page 6 between "term." and "The" the following:
"Renewal of a notary public commission may be done in person or by mail at the discretion of the clerk of superior court."

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Kidd McGill

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

Those not voting were Senators:

Barker Bryant Coleman Dawkins

Gillis Huggins Kennedy (presiding) Land (excused)

Lester Perry Timmons Trulock

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

TUESDAY, FEBRUARY 14, 1984

1579

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

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.
Senate Sponsor: Senator Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd

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

Those not voting were Senators:

Barker Bowen Bryant Coleman Dawkins

Garner Gillis Kennedy (presiding) Land (excused) Lester

Perry Reddish Starr Tate Timmons

On the passage of the bill, the yeas were 41, nays 0.

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

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JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time and ta bled previously today, and taken from the Table and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:

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.

Senator Howard of the 42nd moved that SB 493 be placed on the Table.

On the motion, Senator Bond of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Brannon Brantley Broun of 46th Burton Cobb Coverdell Deal Dean

English Fincher Garner Harris Hill Holloway Howard Huggins McGill McKenzie

Peevy Phillips Starr Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Bond Brown of 47th Coggin Coleman Engram

Foster Greene Harrison Hine Horton Hudgins

Kidd Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate

Those not voting were Senators:

Barker Bryant Dawkins

Gillis Kennedy (presiding) Land (excused)

Lester Perry Reddish

On the motion, the yeas were 29, nays 18; the motion prevailed, and SB 493 was placed on the Table.

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1581

Senator Allgood of the 22nd moved that the Senate stand in recess from 3:30 o'clock P.M. until 9:00 o'clock P.M. today, and at 9:10 o'clock P.M. stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 3:30 o'clock P.M. until 9:00 o'clock P.M. today, and at 9:10 o'clock P.M. stand adjourned until 9:30 o'clock A.M. tomorrow.

At 9:00 o'clock P.M., the President called the Senate to order.

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

Mr. President:

The House has adopted the following resolution of the House:

HR 759. By Representatives Royal of the 144th, Reaves of the 147th, Godbee of the 110th and others:
A resolution urging support for S. 2148, creating a long-term soil conserva tion program, as introduced by Honorable Sam Nunn.

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

HB 442. By Representative Williams of the 48th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, so as to authorize counties to purchase personal property sold under tax executions under certain conditions.

HB 1343. By Representative Daugherty of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, so as to provide that, in lieu of specifying a hearing date, notices of applications to judges of the probate courts for the granting of orders may specify that a person served must serve a response within ten days from the date of service.

HB 1494. By Representative Pettit of the 19th:
A bill to amend Code Section 45-15-30 of the Official Code of Georgia An notated, relating to assistant attorneys general, so as to provide that certain

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representations of criminal defendants by assistant attorneys general shall not constitute conflicts of interest under certain conditions.

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

HR 708. By Representatives Childers of the 15th, Chambless of the 133rd, Phillips of the 125th and others:
A resolution creating the Joint Hospital Care for the Indigent Study Committee.

HR 749. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A resolution creating a Joint Committee to Study the Feasibility of Estab lishing a Special Tax District at Atlanta Hartsfield International Airport to Provide Tax Relief to Taxpayers Residing in Surrounding Areas.

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

HB 1442. By Representatives Dover and Irvin of the llth:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to appointment of judges of courts of municipalities, so as to change the residence requirement for such judges.

HB 1215. By Representatives Coleman of the 118th, Buck of the 95th, Ramsey of the 3rd and others:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, so as to provide witness fees for campus policemen.

HB 1342. By Representatives Bailey, Johnson and Benefield of the 72nd and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession and the procedure upon tenant's refusal, so as to provide that an owner, his agent, his attorney at law, or his attorney in fact may go before the clerk or deputy clerk of either the judge of the superior court or the judge of the state court and make an affidavit under oath setting forth the facts if a tenant holding over refuses or fails to deliver possession when so demanded.

HB 1082. By Representative Childs of the 53rd:
A bill to amend Code Section 21-1-2 of the Official Code of Georgia Anno tated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, so as to authorize the

TUESDAY, FEBRUARY 14, 1984

1583

Secretary of State to provide for the preparation of a supply of audio tapes which include the summary of proposed general amendments to the Consti tution together with a list of certain public offices and the names of candi dates seeking to be elected to each office at the November election.

HB 1270. By Representative Dunn of the 73rd:
A bill to amend Code Section 44-3-80 of the Official Code of Georgia Anno tated, relating to the allocation of interests in common elements.

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

HR 695. By Representative Yeargin of the 14th:
A resolution designating the bridge on Georgia Highway 72 which spans Russell Lake and the Savannah River Basin as the Peyton S. Hawes Memo rial Bridge.

HR 741. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others:
A resolution naming the Ebenezer Church Road in Effingham County.

HR 713. By Representatives Crosby of the 150th and Moore of the 139th:
A resolution designating the bridge on State Road 31, U.S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, as the Ensign Ashley D. Morris Memorial Bridge.

HR 589. By Representatives Porter of the 119th, Lane of the 111th, Crawford of the 5th and others:
A resolution proposing an amendment to the Constitution, so as to provide that property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees of heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens.

HR 696. By Representatives Wilson, Thompson and Cooper of the 20th and others:
A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.

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

HB 1418. By Representative Bishop of the 94th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and munici pal corporations, so as to provide that a copy of any submission made by a county or municipality to the United States Department of Justice pursuant to Section 5 of the Federal Voting Rights Act of 1965 shall be transmitted to the Attorney General.

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

HR 182. By Representative Greer of the 39th: A resolution compensating to Mr. Duane E. Henggeler.

HR 445. By Representative Randall of the 101st: A resolution compensating Ms. Peggy J. Snow.

HR 446. By Representative Randall of the 101st: A resolution compensating Ms. Frances J. DuVernois.

HR 447. By Representative Randall of the 101st: A resolution compensating J.C. and Lavada Amerson.

HR 451. By Representative Murphy of the 18th: A resolution compensating Mr. Phillip Tracy.

HR 653. By Representative Bostick of the 138th: A resolution compensating Grace E. Ahearn.

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

HB 1473. By Representatives Dunn of the 73rd and Pettit of the 19th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of wine, so as to change the definition of farm winery.

TUESDAY, FEBRUARY 14, 1984

1585

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 442. By Representative Williams of the 48th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, so as to authorize counties to purchase personal property sold under tax executions under certain conditions.
Referred to Committee on Federal, State and Community Affairs (General).

HB 905. By Representative Richardson of the 52nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to revise the definition of "to practice applied psychology".
Referred to Committee on Human Resources.

HB 1082. By Representative Childs of the 53rd:
A bill to amend Code Section 21-1-2 of the Official Code of Georgia Anno tated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, so as to authorize the Secretary of State to provide for the preparation of a supply of audio tapes which include the summary of proposed general amendments to the Consti tution together with a list a certain public offices and the names of candi dates seeking to be elected to each office at the November election.
Referred to Committee on Governmental Operations.

HB 1123. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others:
A bill to amend Code Section 10-1-451 of the Official Code of Georgia An notated, relating to injunctions against infringement of registered trade marks or service marks, so as to authorize a court to order to require that a defendant pay to the owner of a registered trademark or service mark up to three times the profits derived from wrongful manufacture, etc., and up to three times all damages suffered by reason of such wrongful manufactures, etc., or both profits and damages.
Referred to Committee on Judiciary and Constitutional Law.

HB 1196. By Representatives Kilgore of the 42nd, Crosby of the 150th and Williams of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, so as to provide civil penalties for filing frivo lous income tax returns.
Referred to Committee on Banking and Finance.

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H B 1215. By Representatives Coleman of the 118th, Buck of the 95th, Ramsey of the 3rd and others:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, so as to provide witness fees for campus policemen.
Referred to Committee on Judiciary and Constitutional Law.

HB 1270. By Representative Dunn of the 73rd:
A bill to amend Code Section 44-3-80 of the Official Code of Georgia Anno tated, relating to the allocation of interests in common elements.
Referred to Committee on Judiciary.

HB 1281. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, so as to change the terms of court of the Douglas Judicial Circuit.
Referred to Committee on Judiciary and Constitutional Law.

HB 1291. By Representative Ginsberg of the 122nd:
A bill to amend Title 53 of the Official code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to allow the waiver of publication of certain notices regarding applications for administration, ad ministration de bonis non, or private sales.
Referred to Committee on Judiciary and Constitutional Law.

HB 1342. By Representatives Bailey, Johnson and Benefield of the 72nd and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession and the procedure upon tenant's refusal, so as to provide that an owner, his agent, his attorney at law, or his attorney in fact may go before the clerk or deputy clerk of either the judge of the superior court or the judge of the state court and make an affidavit under oath setting forth the facts if a tenant holding over refuses or fails to deliver possession when so demanded.
Referred to Committee on Judiciary.

HB 1343. By Representative Daugherty of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, so as to provide that, in lieu of specifying a hearing date, notices of applications to judges of the probate courts for the granting of

TUESDAY, FEBRUARY 14, 1984

1587

orders may specify that a person served must serve a response within ten days from the date of service.
Referred to Committee on Judiciary and Constitutional Law.

HB 1418. By Representative Bishop of the 94th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and munici pal corporations, so as to provide that a copy of any submission made by a county or municipality to the United States Department of Justice pursuant to Section 5 of the Federal Voting Rights Act of 1965 shall be transmitted to the Attorney General.
Referred to Committee on Judiciary.

HB 1442. By Representatives Dover and Irvin of the llth:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to appointment of judges of courts of municipalities, so as to change the residence requirement for such judges.
Referred to Committee on Judiciary.

HB 1473. By Representatives Dunn of the 73rd and Pettit of the 19th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of wine, so as to change the definition of farm winery.
Referred to Committee on Governmental Operations.

HB 1494. By Representative Pettit of the 19th:
A bill to amend Code Section 45-15-30 of the Official Code of Georgia An notated, relating to assistant attorneys general, so as to provide that certain representations of criminal defendants by assistant attorneys general shall not constitute conflicts of interest under certain conditions.
Referred to Committee on Judiciary and Constitutional Law.

HB 1568. By Representative Lane of the 27th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for operation of vehicles, so as to change the amount of license fees for the operation of motorcycles.
Referred to Committee on Transportation.

HB 1569. By Representatives Reaves of the 147th, Carter of the 146th and Bostick of the 138th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of

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members and employees, and legal representation, so as to change the mem bership of the authority.
Referred to Committee on Agriculture.

HR 589. By Representatives Porter of the 119th, Lane of the 111th, Crawford of the 5th and others:
A resolution proposing an amendment to the Constitution, so as to provide that property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens.
Referred to Committee on Banking and Finance.

HR 644. By Representatives Galer of the 97th and Steinberg of the 46th:
A resolution creating the Joint Part-Time State Employment Study Committee.
Referred to Committee on Industry and Labor.

HR 695. By Representative Yeargin of the 14th:
A resolution designating the bridge on Georgia Highway 72 which spans Russell Lake and the Savannah River Basin as the Peyton S. Hawes Memo rial Bridge.
Referred to Committee on Transportation.

HR 696. By Representatives Wilson, Thompson and Cooper of the 20th and others:
A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.
Referred to Committee on Transportation.

HR 706. By Representatives Triplett of the 128th, McDonald of the 12th, Burruss of the 20th and others:
A resolution providing for the designation of the "Thomas B. Murphy Ball room" of the Georgia World Congress Center.
Referred to Committee on Governmental Operations.

HR 708. By Representatives Childers of the 15th, Chambless of the 133rd, Phillips of the 125th and others:
A resolution creating the Joint Hospital Care for the Indigent Study Committee.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 14, 1984

1589

HR 713. By Representatives Crosby of the 150th and Moore of the 139th:
A resolution designating the bridge on State Road 31, U.S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, as the Ensign Ashley D. Morris Memorial Bridge.
Referred to Committee on Transportation.

HR 733. By Representatives Bolster of the 30th and Wilson of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize the creation of special community improvement districts for the purpose of providing governmental services.
Referred to Committee on Federal, State and Community Affairs (General).

HR 741. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others:
A resolution naming the Ebenezer Church Road in Effingham County.
Referred to Committee on Transportation.

HR 749. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A resolution creating a Joint Committee to Study the Feasibility of Estab lishing a Special Tax District at Atlanta Hartsfield International Airport to Provide Tax Relief to Taxpayers Residing in Surrounding Areas.
Referred to Committee on Federal, State and Community Affairs (General).

HR 759. By Representatives Royal of the 144th, Reaves of the 147th, Godbee of the 110th and others:
A resolution urging support for S. 2148, creating a long-term soil conserva tion program, as introduced by Honorable Sam Nunn.
Referred to Committee on Agriculture.

HR 182. By Representative Greer of the 39th:
A resolution compensating Mr. Duane E. Henggeler in the sum of $25,000.00.
Referred to Committee on Appropriations.

HR 445. By Representative Randall of the 101st: A resolution compensating Ms. Peggy J. Snow in the sum of $858.75.
Referred to Committee on Appropriations.

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HR 446. By Representative Randall of the 101st: A resolution compensating Ms. Frances J. DuVernois in the sum of $564.62.
Referred to Committee on Appropriations.

HR 447. By Representative Randall of the 101st. A resolution compensating J.C. and Lavada Amerson in the sum of $810.00.
Referred to Committee on Appropriations.

HR 451. By Representative Murphy of the 18th: A resolution compensating Mr. Phillip Tracy in the sum of $5,400.00.
Referred to Committee on Appropriations.

HR 653. By Representative Bostick of the 138th: A resolution compensating Grace E. Ahearn in the sum of $6,350.79.
Referred to Committee on Appropriations.

HB 1324. By Representative Colbert of the 23rd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for staggered terms of members of the board of trustees of the county-wide library system.
Referred to Committee on Federal, State and Community Affairs.

HB 1486. By Representative Lane of the 27th:
A bill to amend an Act establishing a new charter for the City of East Point, Georgia, so as to change the date on which elections for filling the offices of mayor and council of the City of East Point, Georgia, shall be held.
Referred to Committee on Federal, State and Community Affairs.

HB 1564. By Representative Adams of the 36th:
A bill to amend an Act providing for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County, so as to provide for the appointment of part-time magistrates.
Referred to Committee on Federal, State and Community Affairs.

HB 1598. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County.
Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 14, 1984

1591

HB 1600. By Representative Phillips of the 120th: A bill to provide a new charter for the City of Soperton.
Referred to Committee on Federal, State and Community Affairs.

HB 1601. By Representative Smith of the 152nd: A bill to create the State Court of Bacon County.
Referred to Committee on Federal, State and Community Affairs.

HB 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.
Referred to Committee on Federal, State and Community Affairs.

HB 1603. By Representative Coleman of the 118th: A bill to make provisions for the Magistrate Court of Dodge County.
Referred to Committee on Federal, State and Community Affairs.

HB 1605. 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 provide that appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or Supreme Court rather than to the Superior Court of Clayton County.
Referred to Committee on Federal, State and Community Affairs.

HB 1606. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie so as to change provisions relating to the corporate limits of the city.
Referred to Committee on Federal, State and Community Affairs.

At 9:10 o'clock P.M., the President announced the Senate adjourned pursuant to a previously adopted motion until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 15, 1984 Thirty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

SB 561. By Senator Reddish of the 6th:
A bill to provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older.
Referred to Committee on Federal, State and Community Affairs.

SB 562. By Senator Reddish of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, as amended, so as to change the corporate limits of said city.
Referred to Committee on Federal, State and Community Affairs.

SR 423. By Senator Holloway of the 12th:
A resolution to amend SR 3, relative to officials, employees, and committees of the Senate. Referred to Committee on Rules.

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

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

WEDNESDAY, FEBRUARY 15, 1984

1593

HB 901. HB 1006. HB 1026. HB 1112.

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

HB1139. HB 1149. HB 1160. HR 185.

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

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Children and Youth 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 1163. Do pass. HB 1354. Do pass.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 358. Do pass by substitute.
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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1259. HB 1518. HB 1520. HB 1521. HB 1522. HB 1523.

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

HB 1524. HB 1525. HB 1527. HB 1528. HB 1529. HB 1530.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

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HB 1531. HB 1532. HB 1534. HB 1536. HB 1538. HB 1541. HB 1542. HB 1545. HB 1546. HB 1547. HB 1548. HB 1549.

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

HB 1550. HB1551. HB 1552 HB 1556. HllBn 11C5C57_. HB 1558. HB 1559. HB1560. HB 1561 HB 1562. HB 1563.

Do pass. Do pass. Do pass . Do pass. ^Do pass. Do pass. Do ph ass. Do pass. Do pass. Do pass by substitute. 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 1220. Do pass. HB 1358. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1278. Do pass. HB 1213. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

WEDNESDAY, FEBRUARY 15, 1984

1595

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 397. Do pass. HB 1250. Do pass.

HB 1267. Do pass. HB 1346. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SR 399. SR 415. HB 1165. HB 1356.

Do pass. Do pass. Do pass. Do pass.

HB 1209. Do pass as amended. HR 655. Do pass. HB 1512. 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 122. By Senator tester of the 23rd:
A bill to amend an Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to provide pen sion benefits for the surviving spouse of the judge emeritus; to provide for the holding of any compensating position with Richmond County or of the State of Georgia of any agency of same.

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.

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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.

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.

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.

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.

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.

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.

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.

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.

WEDNESDAY, FEBRUARY 15, 1984

1597

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.

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.

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.

SR 396. By Senators Greene of the 26th and Deal of the 49th: A resolution to create the Statutes of Limitation Study Committee.

HB 49. By Representative Lane of the 27th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide breast cancer patients with a right to informed consent to certain surgical and medical procedures.

HB 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 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.

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.

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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 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 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 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 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 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 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.

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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 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."

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.

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.

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 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 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.

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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 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 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 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 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 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.

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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 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 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 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 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 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 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.

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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 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 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 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 court.

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.

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.

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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 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.

HB 1466. By Representatives Colwell of the 4th 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.

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.

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 1479. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to abolish the office of treasurer of Union County.

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.

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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.

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.

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 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.

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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.

HB 1499. By Representative Ramsey of the 3rd: A bill to create the board of elections of Murray County.

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 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.

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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 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.

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.

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.

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 Coleman

Dawkins Deal English Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Lester McGill McKenzie Peevy Perry Phillips

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Reddish Scott of 2nd Scott of 43rd Starr

Tate Thompson Trulock

Turner Tysinger Walker

Those not answering were Senators:

Bowen Coggin Coverdell Dean

Engram Greene Land (excused)

Scott of 36th Stumbaugh Timmons

Senator Peevy of the 48th introduced the chaplain of the day, Chaplain James L. Langford, of Fort Benning, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 418. By Senator Broun of the 46th:
A resolution commending the merger of Parents Anonymous of Georgia, Inc., and the Georgia Chapter of the National Committee for Prevention of Child Abuse.

SR 422. By Senator Foster of the 50th:
A resolution recognizing February 23, 1984, as World Understanding and Peace Day.

SR 425. By Senator Gillis of the 20th: A resolution commending Mrs. Frankie C. Ware.

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

SR 420. By Senators Allgood of the 22nd, Kennedy of the 4th and Starr of the 44th:
A resolution relative to adjournment of the General Assembly at 6:00 o'clock P.M. on Wednesday, February 15, and to reconvene at 10:00 o'clock A.M. on Monday, February 20.

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

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

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The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:

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, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks; to repeal conflict ing laws.

SENATE RULES CALENDAR Wednesday, February 15, 1984 THIRTY-FOURTH LEGISLATIVE DAY

HB 957 HR 543 HB 511 HB 1083 HB 1091 HR 504 HB 169 HR 631 HB 256 HB 1073 HB 970 HB 1122 HB 1101 HB 1207 HB 634 HB 1015

County Boards of Equalization--time period for filing notice of ap peal (SUBSTITUTES) (B&F--33rd)
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)
Teachers' Retirement--postretirement benefit adjustments (Ret--4th)
Available Property is DeKalb County for American Heart Associa tion--repeal resolution (Pub U--41st)
Teachers' Retirement--composition of board of trustees (AMEND MENT) (Ret--40th)
Freight, Passenger Transportation--power of common carrier to limit liability (I&L--19th)
Municipal Elections--authorize counties to conduct (Gov Op--12th)
Nonprofit Corporation to Promote Education and Welfare of Youth--property tax exempt (SUBSTITUTE) (B&F--35th)
Certain offenders--community service work (Off R--14th)
Minimum Wage--change amount (I&L--30th)
Transacting Insurance in State--amount of paid-in capital stock re quired (AMENDMENT) (Ins--48th)
Employees' Health Insurance--include Tommy Nobis Center em ployees (Ins--55th)

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HB 425 HB 1172 HB 1009 HB 928 HR 505 HR 643 HB 1313 HB 981 HB 1180 HB 1131 HB 1249 HB 1185 HB 1337 HB 1197

Superior Court Clerks--minimum compensation those serving other courts (AMENDMENT) (Gov Op--25th)
Voter Registration Places--Election Board adopt rules governing (Gov Op--25th)
Motor Vehicle Registrations--legislative declarations (Trns--33rd)
Teachers--payments by Education Department to those who meet standards (Approp--46th)
School Superintendent--appointment (Ed--33rd)
Wilcox County--convey state-owned property to Board of Commis sioners (AMENDMENT) (Pub U--19th)
Conflicts of Interest--redefine "transacting business" (Gov Op--33rd)
Probate Court Judge Serving as Chief Magistrate--compensation (Judy--35th)
Fulton County Pension Board--selection and membership (Ret--34th)
Atlanta Judicial Circuit--additional judge (Judy--35th)
Merit System--remove official of Department of Human Resources from classified service (SUBSTITUTE) (Gov Op--25th)
Uniform Reciprocal Enforcement of Support Act--foreign jurisdic tions included (Judy--26th)
Private Detective Business--bonds of licensees (Gov Op--25th)
Bad Checks--change service charge allowable (AMENDMENT) (Judy--22nd)

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 957. By Representatives Thompson, Wilson, 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.
Senate Sponsor: Senator Barnes of the 33rd.
Senator Barnes of the 33rd offered the following substitute to HB 957:
A BILL To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to abolish the ex isting State Board of Equalization and create a new State Board of Equali zation; to provide procedures relating to the assessment of and the adminis-

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trative and judicial review of assessments of property returned for ad valorem taxation to the state revenue commissioner; to create a Tax Settle ment and Compromise Board and provide for its powers and duties relative to the settlement or compromise of any tax assessment or tax fi. fa.; to change the time period for appealing an ad valorem tax assessment to county tax officials; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended by striking Code Section 48-218, relating to the State Board of Equalization, and inserting in its place a new Code section to read as follows:
"48-2-18. (a) There is established a board composed of the commis sioner, the state auditor, and the executive director of the State Proper ties Commission.
(b) The board created by this Code section shall be designated the State Board of Equalization. The chairman and administrative officer of the board shall be the commissioner. In addition to its other duties, the board shall hear and determine all appeals by taxpayers who are required by law to return their property for taxation to the commissioner. Each year, when the digest of assessments proposed by the commissioner is complete, the commissioner shall submit the digest to the State Board of Equalization which shall carefully examine the proposed assessments of each class of taxpayers or property and the digest of proposed assess ments as a whole to determine that they are reasonably apportioned be tween the several tax jurisdictions and reasonably uniform with the val ues set on other classes of property throughout the state. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or property or the digest as a whole does not reason ably conform to the values set for other property throughout the state, it shall inquire as to the reason for the lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percentage to the class of taxpayer, to the class of property, or to the digest as a whole, as the case may be.
(c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the pro duction of books and records or other documents as he is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within ten days each taxpayer in writing of the proposed assessment of its property and shall state in the notice that the taxpayer shall have twenty days after the date on which the notice was mailed in which to submit to the com missioner a written appeal of the proposed assessed valuation and request a hearing on the appeal.
(d) (1) If a timely appeal and request for a hearing pursuant to this Code section is not made, the proposed assessment shall become final and conclusive at the close of the twentieth day after the notice was mailed. Except as otherwise specifically provided by law for one or more of the classes of persons who return their properties to the commissioner, the

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due date for the payment of taxes and the accrual of interest and penalty shall be as provided by laws applicable to property taxpayers generally.
(2) If a timely appeal and request for a hearing is made, the tax payer shall pay as they would become due in the absence of an appeal all taxes which are not disputed, based upon the values stated in the tax payer's return and any other basis for relief authorized by state or fed eral law, together with any applicable interest and penalty. During the pendency of the appeal before the State Board of Equalization and any subsequent judicial review interest shall accrue at the rate provided by Code Section 48-2-40 on all unpaid amounts that are finally determined to be payable.
(3) The State Board of Equalization shall have jurisdiction to hear and determine all issues raised by the taxpayer in the appeal. The board shall make findings of fact and conclusions of law and issue an order embodying its decision.
(4) The State Board of Equalization may conduct hearings itself or it may appoint one or more hearing officers on a full or part-time basis to conduct hearings and prepare recommended dispositions for considera tion by the board. The board acting through the commissioner and its hearing officers shall have authority to:
(A) Administer oaths and affirmations;
(B) Sign and issue subpoenas for trial and for discovery and other wise authorize and regulate discovery in proceedings before the board by the same methods prescribed by law for discovery in civil actions in the superior courts of this state;
(C) Rule upon offers of proof;
(D) Regulate the course of hearings, including their time, place, and any continuances thereof;
(E) Take official notice of judicially recognizable facts;
(F) Receive and consider nonprivileged matters not strictly admissi ble under the rules of evidence, giving them such weight as appears proper in the circumstances; and
(G) Reprimand and exclude from a hearing any person for indecor ous or improper conduct committed at or during a hearing.
(5) If any person willfully fails or refuses to obey a subpoena issued pursuant to paragraph (4) of this subsection, it shall be the duty of the judge of the superior court of any county, upon application of the board or the hearing officer, to issue an attachment for such witness and compel him to attend and give his testimony upon such matters as shall be law fully required; and said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court and in case of a failure to make discovery by a party may impose sanctions under Code Section 9-11-37.
(6) (A) In every case, the taxpayer shall be given not less than 20 days' notice of a hearing before a hearing officer, a hearing before the board, or a hearing by the board on the findings and recommendations of

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the hearing officer. Unless waived, a complete record of proceedings shall be made at each such hearing.
(B) In the case of a hearing before a hearing officer, the taxpayer shall be given a copy of the findings and recommendations of the hearing officer.
(C) In the case of a hearing by the board on the findings and recom mendations of a hearing officer, the taxpayer may file with the board written objections and may appear before the board to argue such objections.
(D) In every case, a copy of the final decision of the board shall be delivered to the taxpayer by personal service or by registered or certified mail, return receipt requested.
(7) The notice and appeal procedures provided for in this Code sec tion shall not apply to any decision of the board relating to the assessed value of motor vehicle property.
(e) The taxpayer may appeal the final decision of the board to the superior court given jurisdiction by subsection (a) of Code Section 48-259. Such an appeal may be initiated by an appeal filed by the taxpayer with the board within 30 days of service or receipt of the decision of the board. The board should certify the appeal and the record before the board within 30 days of receipt of the taxpayer's appeal. The review in superior court shall be on the record certified by the board and shall be limited to the issues specified in the taxpayer's appeal to the board. The decision of the board shall be taken as prima facie correct and the supe rior court shall affirm if the decision is supported by substantial evidence on the record as a whole. As used in this subsection, the term 'substantial evidence' means such relevant evidence as a reasonable mind might ac cept as adequate to support a conclusion.
(f) In the event any order, decision, or other action of the former State Board of Equalization created by former Code Section 48-2-18 and prior laws is determined or held to be or to have been null, void, or inef fective for any reason, the department, the commissioner, and the new State Board of Equalization created by this Code section shall have the authority to take all appropriate steps to effect valid orders, decisions, or other action respecting the matters involved. Such authority shall in clude, but not be limited to, the right to take the action specified in sub sections (a) through (e) of this Code section fully as though the former State Board of Equalization had never acted in regard to the matter and as though the matter had arisen in the first instance after the effective date of this Code section."
Section 2. Said title is further amended by adding a new Code Sec tion 48-2-18.1 to read as follows:
"48-2-18.1. (a) There is established a board composed of the Attor ney General, the commissioner, and the state auditor, which is author ized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectibility, and the settlement or compromise is in the

WEDNESDAY, FEBRUARY 15, 1984

1613

best interests of the state. A majority of the board shall be empowered to settle and compromise. The commissioner shall keep a record of all set tlements and compromises made and the reasons for each settlement and compromise.
(b) The board created by this Code section shall be designated the Tax Settlement and Compromise Board. The chairman and administra tive officer of the board shall be the commissioner."
Section 3. Said title is further amended by striking from Code Section 48-5-311, relating to county boards of equalization, paragraphs (3) of sub section (e) and inserting in its place a new paragraph (3) to read as follows:
"(3) A notice of appeal in the case of residents of the county shall be filed with the county board of tax assessors within 30 days from the date of mailing the notice pursuant to Code Section 48-5-306 or para graph (2) of this subsection. A notice of appeal, in the case of a nonresi dent of the county, shall be filed with the county board of tax assessors within 30 days from the mailing of the notice, as provided in Code Sec tion 48-5-306 or paragraph (2) of this subsection."
Section 4. Section 3 of this Act shall become effective September 1, 1984. The other provisions of this Act shall become effective upon its ap proval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 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 Holloway Horton Howard Hudgins Huggins Kennedy Kidd Lester

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McGill McKenzie Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Slarr Stumbaugh Tate Thompson

Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell

Land (excused)

Reddish

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

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

Senator Brantley of the 56th asked unanimous consent that Senator Land of the 16th be excused from the Senate today due to illness, and the consent was granted.

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

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 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 Deal English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Lester

WEDNESDAY, FEBRUARY 15, 1984

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McGill Peey y p. .... Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson

Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell
Dawkins Dean

Howard Land (excused)

McKenzie Reddish

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

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

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 511:

A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the punishment for the offenses of child molestation and enticing a child for indecent purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia An notated, relating to sexual offenses, is amended by striking subsection (b) of Code Section 16-6-4, relating to the offense of child molestation, in its en tirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of child molestation, the judge may probate the sentence upon the special condition that the defendant un dergo a mandatory period of counseling administered by a licensed psy-

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chiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to im prisonment. Upon a second or third conviction of such offense, the defen dant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of child molestation, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
Section 2. Said chapter is further amended by striking Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, in its entirety and inserting in lieu thereof a new Code Section 16-6-5 to read as follows:
"16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place whatsoever for the purpose of child molestation or indecent acts.
(b) A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psycholo gist. However, if the judge finds that such probation should not be im posed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
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 HB 511 offered by the Senate Committee on Judiciary by adding on Page 1, line 22 after the word "imprisonment" the following:
"provided, further, that upon a defendant being incarcerated on a conviction for a first offense, the Department of Offender Rehabilitation shall provide counselling to such defendant."

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

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1617

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to HB 511 offered by the Senate Committee on Judiciary by adding after the word "sentence" on line 17 of Page 1 the following:
"; and such probation may be".
By adding after the word "sentence" on line 22 of Page 2 the following:
"; and such probation may be".

On the adoption of the amendment, the yeas were 37, nays 2, and the amendment was adopted.

Senator Thompson of the 32nd offered the following amendment:

Amend the substitute to HB 511 offered by the Senate Committee on Judiciary by inserting in the title on line 4 of Page 1, immediately following the semicolon and preceding the words "to repeal", the following:
"to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Offi cial Code of Georgia Annotated, relating to the sale and distribution of harmful materials to minors, so as to change certain definitions; to pro hibit the display and distribution of certain materials to minors which are harmful to minors; to prohibit false representations with the intent to procure such materials for minors; to provide penalties; to provide exceptions;".
By renumbering Section 3 on Page 3 as Section 4.
By adding between lines 4 and 5 on Page 3 a new Section 3 to read as follows:
"Section 3. Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale and distribution of harmful materials to minors, is amended by striking in their entirety Code Sections 16-12-102 through 16-12-104, which read as follows:
'16-12-102. As used in this part, the term:
(1) "Harmful to minors" means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual con duct, sexual excitement, bestiality, or sadomasochistic abuse, when taken as a whole it:
(A) Predominantly appeals to the prurient, shameful, or morbid in terest of minors;
(B) Is patently offensive to prevailing standards in the adult commu nity as a whole with respect to what is suitable material for minors; and

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(C) Lacks serious literary, artistic, political, or scientific value.
(2) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A) The character and content of any material described in this part which is reasonably susceptible of examination by the defendant; and
(B) The age of the minor, provided that an honest mistake shall constitute an excuse from liability under this part if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(3) "Minor" means any person under the age of 16 years.
(4) "Sadomasochistic abuse" means actual or simulated flagellation or torture by or upon a person nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or nude.
(5) "Sexual conduct" means actual or simulated acts of masturba tion, homosexuality, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
(6) "Sexual excitement" means the condition of human male or fe male genitals when in a state of sexual stimulation or arousal.
(7) "Sexually explicit nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the snowing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
16-12-103. It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
(1) A picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however repro duced, or sound recording which contains any matter enumerated in par agraph (1) of this Code section or explicit and detailed verbal descrip tions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
16-12-104. It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a person under the age of 18 or know ingly to sell to a person under the age of 18 an admission ticket or pass or knowingly to admit a person under the age of 18 for a monetary con sideration to premises whereon there is exhibited a motion picture, show, or other presentation which depicts sexually explicit nudity, sexual con-

WEDNESDAY, FEBRUARY 15, 1984

1619

duct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.',
and inserting in lieu thereof new Code Sections 16-12-102 through 16-12104 to read as follows:
'16-12-102. As used in this part, the term:
(1) "Harmful to minors" means that quality of description or repre sentation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult commu nity as a whole with respect to what is suitable material for minors; and
(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(2) "Knowingly" means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A) The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and
(B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.
(3) "Minor" means a person less than 18 years of age.
(4) "Sadomasochistic abuse" means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.
(5) "Sexual conduct" means actual or simulated acts of masturba tion, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breasts.
(6) "Sexual excitement" means the condition of human male or fe male genitals when in a state of sexual stimulation or arousal.
(7) "Sexually explicit nudity" means a state of undress so as to ex pose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.
16-12-103. (a) It shall be unlawful for any person knowingly to sell

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or loan for monetary consideration or otherwise furnish or disseminate to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however repro duced, or sound recording which contains any matter enumerated in par agraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomas ochistic abuse and which, taken as a whole, is harmful to minors.
(b) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.
(c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
(e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however repro duced, or sound recording which contains any matter enumerated in par agraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomas ochistic abuse and which, taken as a whole, is harmful to minors.

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1621

16-12-104. The provisions of Code Section 16-12-103 shall not apply to any public library operated by the state or any of its political subdivi sions nor to any library operated as a part of any school, college, or university.' "

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 36, 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 Deal Dean

English Engram Fincher Foster Garner Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd 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:

Dawkins Gillis Greene

Kennedy (presiding) Land (excused)

Lester Peevy

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

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

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The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Bryant of the 3rd moved that the Senate adhere to its disagreement to the House substitute to SB 470, and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 470.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate, the following:

Senators Bryant of the 3rd, Scott of the 2nd and Reddish of the 6th.

Senator Burton of the 5th moved that the following bill of the House, having been passed by substitute previously today, be immediately transmitted to the House:

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.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 511 was immediately transmitted to the House.

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 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.
Senator Sponsor: Senator Hudgins of the 15th.

WEDNESDAY, FEBRUARY 15, 1984

1623

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

On the passage of 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 Deal Dean

Engram Fincher Foster Garner Gillis Harris Harrison Mine Holloway 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:

Bowen Dawkins English

Greene Hill Horton

Kennedy (presiding) Land (excused)

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

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

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.
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:

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

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins 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

Those not voting were Senators:

Bowen Brown of 47th Greene

Hill Horton Hudgins

Kennedy (presiding) Land (excused) Tate

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 504. By Representatives Williams of the 6th and Foster of the 6th: A resolution authorizing the conveyance of certain state owned property to the City of Dalton, Georgia.
Senate Sponsor: Senator Fincher of the 54th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood

Barker

Bond

WEDNESDAY, FEBRUARY 15, 1984

1625

Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Huggins Kidd Lester McGill

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

Those not voting were Senators:

Barnes Bowen Broun of 46th Dawkins Greene

Hill Horton Hudgins Kennedy (presiding) Land (excused)

Reddish Thompson Timmons Tysinger

On the adoption of the resolution, the yeas were 42, nays 0.

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

The President resumed the Chair.

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.
Senate Sponsor: Senator Kennedy of the 4th.

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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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

February 6, 1984

SUBJECT: Fiscal Note--Substitute to House Bill 169 (LC 7 5663S) Teachers' Retirement System (TRS) Georgia Firemen's Pension Fund

This substitute version of the Bill provides for amendments to the laws relating to the Teachers' Retirement System and the Georgia Firemen's Pension Fund. The provisions of this substitute Bill and their respective fiscal impacts are addressed in the following paragraphs.

1. The first provision relates to TRS and provides for retirement benefit increases ranging from 1.0% to 20% to members who retired prior to July 1, 1980 and/or their beneficiaries. Only beneficiaries with 20 or more years' service at retirement would qualify for the full amount of the proposed increases. Beneficiaries with 10 to 20 years' service at retirement would receive the specified increases reduced by 5% for each year less than 20 years' service. Beneficiaries with less than 10 years' service at retirement would not receive any increase in their benefits and no beneficiary would receive a retirement benefit in ex cess of $1,500 per month as a result of an increase pursuant to this legislation. This provision specifically includes in the definition of beneficiary any teacher who retired pursuant to any county, munici pal, or local board of education retirement or pension system.

The increases provided by this provision would be contingent upon appropriations by the General Assembly. If the General Assembly appropriates amounts insufficient to fully fund the provision, benefit increases would be reduced pro rata and the Code section would re main in effect until the benefit increases provided for are fully funded and implemented.

The actuary for TRS has stated that the cost of this provision would be $8.1 million for the first year of implementation or .44% of total (State and local) payroll as of June 30, 1983 of $1,834,188,747.

It should be noted that the Public Retirement System Law which became effective January 1, 1984 states that any retirement bill hav-

WEDNESDAY, FEBRUARY 15, 1984

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ing a fiscal impact that is not concurrently funded may not become effective as law and shall be null, void and repealed in its entirety. Therefore, the portion of this TRS provision that states that the pro visions of the Code section shall remain in effect until the benefit increases provided for are fully funded and implemented is inconsis tent with and may be prohibited by that law.
2. Several provisions relate to the Fireman's Pension Fund and are summarized below.
a. The first provision would allow firemen or volunteer firemen who on April 1, 1984 are at least age 35 but under age 44 to apply for membership during the period September 1, 1984 through No vember 1, 1984. To qualify for application, such persons must ac quire enough prior service credit to provide them, together with credit to be earned thereafter, at least 20 years of creditable ser vice at the age of 55 but such persons may not acquire more than eight years' prior service credit. To obtain prior service credit, ap plicants must pay monthly dues at the rate which was in effect during such prior service plus interest equal to 2 '/2% plus the per annum equivalent rate of the monthly average of specific Treasury Bond yields, but not less than 8% per annum. Prior service must have been rendered between January 1, 1974 and September 1, 1984 as a fireman or volunteer fireman, must have been uninter rupted to the date of application for membership, and must have been earned after the applicant reached age 30.
b. The second provision would increase monthly membership dues from $5 to $10 upon enactment of this legislation. Dues would be increased again effective July 1, 1988 from $10 to $15 per month.
c. The third provision would allow persons who are members of the Fund on April 1, 1984 and who are at least age 35 but under age 44 to apply for prior service credit during the period September 1, 1984 through November 1, 1984. To obtain prior service credit, such members must pay monthly dues at the rate which was in effect during such prior service plus interest at the same amount required of new applicants in the first provision. Up to eight years of prior service credit may be purchased for continuous service rendered as a fireman or volunteer fireman after such member reached age 30 and immediately prior to such persons becoming a member of the Fund.
d. The fourth provision would increase monthly benefits as follows.
(1) Each person already retired and each person retiring in the future will have benefits increased $35.00 per month.
(2) For persons retiring after July 1, 1984, benefits will be in creased by 1% for each year of creditable service in excess of 25 years.
The fourth provision would also allow for retirement at age 50 with immediate benefits for anyone otherwise eligible for retirement at age 55 with 25 years of service. The monthly retirement benefit

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would be a reduced amount determined by multiplying the normal retirement benefit by an actuarial factor provided for by this legisla tion.
The actuary for the Georgia Firemen's Pension Fund has determined that the substitute version of this Bill would require an additional annual contribution of $1,105,000 if the current amortization period of 14.2 years is maintained. The actuary has also determined that this substitute version would require no additional annual contribu tions if the amortization period to pay off the unfunded liability is increased from the current 14.2 years to 28.5 years. In this latter case, the additional cost of the Bill ($995,000) together with the an nual cost of the current plan ($2,725,000) would equal estimated an nual contributions under the Bill ($3,720,000) and therefore no addi tional contributions would be necessary.

/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 Barnes Bond Brannon
Brantley Broun of 46th Brown of 47th

Foster Gillis Greene Harris Harrison Hm H[ne
Horton Howard

Dawkins j) ea | Dean English Engram Fincher

Huggins Kennedy Kidd tester 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:

Barker Bowen
Cobb

Coleman Garner

Holloway Land (excused)

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1629

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.
Senator Greene of the 26th moved that the Senate insist upon the Senate substi tute to HB 946.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 946.
Senator Kennedy of the 4th, President Pro Tempore, 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 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. . .". Senate Sponsor: Senator Tysinger of the 41st.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Broun of 46th Coleman

Dawkins Kennedy (presiding) Land (excused)

McKenzie Starr Trulock

On the adoption of the resolution, the yeas were 47, 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 substitute, by the requisite constitutional majority the following bill of the Senate:

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.

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1631

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

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.
Senate Sponsor: Senator Walker of the 19th.

Senators Mine of the 52nd and Walker of the 19th offered the following amendment:

Amend HB 1073 by adding after the first semicolon on line 7 of Page 1 the following:
"to provide that a carrier's lien shall attach to personal property of the debtor, other than consumer goods, which comes into the possession of the carrier; to provide for related matters;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and adding a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by striking Code Sec tion 46-9-191, relating to liens of carriers for freight charges, and in serting in its place a new Code section to read as follows:
'46-9-191. When a carrier has complied with his contract as to transportation, he shall have a lien on the goods for the freight charges and may retain possession until the lien is paid, unless this right is waived by special contract or actual delivery of the goods. If the goods are delivered, the carrier acquires a lien for the freight charges on and may until the lien is paid retain possession of other goods belonging to the debtor which come into the possession of the carrier, except that this sentence shall not apply to consumer goods which are used or bought for use for personal, family, or household purposes.'"

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

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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 Deal Dean

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins 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:

Dawkins Gillis

Kennedy (presiding) Land (excused)

McGill

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 186 was as follows:
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

WEDNESDAY, FEBRUARY 15, 1984

1633

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 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 tech nology 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 considera ble 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 selected by or assigned to the patient and who has assumed primary responsibility for the treatment and care of the patient; provided, however, that if the physician selected by or assigned to the patient to provide such treatment and care directs another physician to assume primary responsibility for such care and treatment, the physician who has been so directed shall, upon his or her assumption of such responsibility, be the 'attending physician.'
(2) 'Competent adult' means a person of sound mind who is 18 years of age or older.

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(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 in terventions, 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 to alleviate pain or the per formance 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 prac tice 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 examinations:
(A) There is no reasonable expectation for improvement in the con dition 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 directing that, should the declarant have a terminal condition, life-sustaining pro cedures 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;

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1635

(2) Would not be entitled to any portion of the estate of the declar ant upon the declarant's decease under any testamentary will of the de clarant, or codicil thereto, and would not be entitled to any such portion 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 medi cal care; and
(5) Do not have a claim against any portion of the estate of the declarant.
(b) The declaration shall be a document, separate and self-con tained, and in 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 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; however, I understand that, if at the end of said seven years I am incapable of communicating with the attending physician, this will shall remain in effect until such time as I am able to communicate with the physician;
4. 1 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___________

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_____(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;
(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 distribution 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__________
WitnessAddress,
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 chief of the hospital medical staff
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, if wit-

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1637

nessed in a hospital, or the medical director, if witnessed in a skilled nursing facility.
31-32-5. (a) A living will may be revoked at any time by the declar ant, without regard to his mental state or competency, by any of the following methods:
(1) By being canceled, defaced, obliterated, burnt, torn, or otherwise 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 at the direction of the declarant. The attending physician shall record 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 at the direction of the declarant. The attending physi cian 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 received 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 nor any person acting under his 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 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

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JOURNAL OF THE SENATE

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 therefor, nor shall any such 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 declarant 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;
(3) Shall make a reasonable effort to determine that the living will complies with subsection (b) of Code Section 31-32-3; and
(4) Shall make the living will and the written certification of the terminal condition a part of the declarant patient's medical records.
(b) The living will shall be presumed, unless revoked, to be the di rections of the declarant regarding the withholding or withdrawal of lifesustaining procedures. No person shall be civilly liable for failing or re fusing in good faith 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 endeavor to advise promptly the next of kin or legal guardian of the declarant that such physician is unwilling to effectuate the living will of the declarant pa tient. The attending physician shall thereafter at the election of the next of kin or the legal guardian of the declarant:
(1) Make a good faith attempt to effect the transfer of the qualified patient to another physician who will effectuate the declaration of the patient; or
(2) Permit the next of kin or legal guardian to obtain another physi cian who will effectuate the declaration of the patient.
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

WEDNESDAY, FEBRUARY 15, 1984

1639

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 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.
(d) No hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills.
31-32-10. Any person who willfully conceals, cancels, defaces, oblit erates, alters, or damages the living will of another without such declar ant'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 effect 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, authorize, 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.
31-32-12. This chapter is wholly independent of the provisions of Title 53, relating to wills, trusts, and the administration of estates, and nothing in this chapter shall be construed to affect in any way the provi sions of said Title 53."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 186.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen Brannon
nBroun ofe 4A6Mt>h BBrroywannt of 47th
Burton Cobb Coggin Coleman Coverdell Deal Dean

Fincher Foster Garner
Gillis Greene Harris
H,,.a,,rrison ""!m"f
Holloway Horton Howard Hudgins Huggins Kidd McGill

McKenzie Peevy Perry
Phillips Reddish Scott of 2nd
Sscott of 36th Stuamrrb. augh,
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Lester and Scott of the 43rd.

Those not voting were Senators:

Dawkins English

Engram Kennedy (presiding)

Land (excused)

On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 186.

The President resumed the Chair.

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

HB 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

WEDNESDAY, FEBRUARY 15, 1984

1641

to allow certain counties to conduct municipal elections, so as to provide for applicability of certain provisions thereof to all municipalities.
Senate Sponsor: Senator Holloway of the 12th.

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

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Lester

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

Those not voting were Senators:

Bryant English Gillis

Greene Hudgins Land (excused)

Thompson Timmons Tysinger

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

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

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.
Senate Sponsor: Senator Coggin of the 35th.

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JOURNAL. OF THE SENATE

The Senate Committee on Banking and Finance offered the following substitute to HB 1122:

A BILL

To be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to declare certain property to be an extension of the public schools of this state; to provide for the exemption of such property owned by a certain nonprofit corporation; to provide for a state-wide referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section I. Code Section 48-5-41 of the Official Code of Georgia An notated, relating to property exempt from ad valorem taxation, is amended by adding at the end of paragraph (1) of subsection (a) of said Code section a new subparagraph (C), to read as follows:

"(C) Property which is owned by and used exclusively as the general state headquarters of a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to pro mote the education and welfare of children and youth, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation, shall be considered to be an extension of the public schools of this state and such property shall be considered to be public property within the meaning of this paragraph."

Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1984, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

"[ ] YES [ ] NO

Shall the Act declaring property used exclusively as the state headquarters of a nonprofit corporation organized to promote cooperation between parents and teachers to be an extension of the public schools of this state, to be treated as public property, and granting an exemption from ad valorem taxation for such property be ap proved?"

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, then Section 1 of this Act shall become effective on January 1, 1985, and shall apply to all tax years beginning on or after that date; other wise Section 1 of this Act shall be void.

Section 3. Except as otherwise provided in Section 2 of this Act, this

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1643

Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Dean English

Engram Foster Garner Gillis Harris Harrison Hill Holloway Horton Howard Kennedy Kidd Lester

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

Those voting in the negative were Senators:

Barnes Bond Brannon

Coverdell Deal Hine

Hudgins Phillips Tysinger

Those not voting were Senators:

Brantley Fincher Greene

Huggins Land (excused) Tate

Timmons Trulock

On the passage of the bill, the yeas were 39, nays 9.

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

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JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 421. By Senators tester of the 23rd, Allgood of the 22nd and McGill of the 24th: A resolution commending the Augusta Preparatory School, Inc.

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

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.
Senate Sponsor: Senator McKenzie of the 14th.

Senators Garner of the 30th and Barnes of the 33rd offered the following substi tute to HB 1101:

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 require the com munity service officer to consider an offender's work schedule when schedul ing community service; to provide pretrial release and diversion programs as rehabilitative measures for certain persons charged with crimes prior to con viction; to provide that the Department of Offender Rehabilitation shall have the authority to establish and operate such pretrial release and diver sion programs in any county upon the unanimous approval of the superior court judges, the district attorney, the solicitor where applicable, and the sheriff of such county; to provide that the Board of Offender Rehabilitation may promulgate rules and regulations governing such pretrial release and diversion programs; to provide for eligibility for participation in such pretrial release and diversion programs at the discretion of the court in which charges are pending; to provide for release upon recognizance of partici pants; to provide for waiver of speedy trial rights; to provide for operation of such pretrial release and diversion programs by counties under contracts with the Department of Offender Rehabilitation; to provide for an exception for the Correctional Services Division of the Georgia Department of Labor; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 42 of the Official Code of Georgia An notated, relating to probation, is amended by striking in its entirety Code Section 42-8-73, relating to community service work for certain offenders, and inserting in lieu thereof a new Code Section 42-8-73 to read as follows:

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"42-8-73. The community service officer shall place an offender sen tenced to community service as a condition of probation with an appro priate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender becomes employed after sentencing, the community service of ficer shall consider the offender's work schedule and, to the extent practi cable, shall schedule the community service so that it will not conflict with the offender's work schedule. This shall not be construed as requir ing the community service officer to alter scheduled community service based on changes in an offender's work schedule. The community service officer shall supervise the offender for the duration of the community ser vice sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of probation have been satisfied."
Section 2. Said chapter is further amended by adding following Arti cle 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 au thorized to establish and operate pretrial release and diversion programs as rehabilitative 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 supe rior 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 di version programs established 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 application 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 recommenda tion 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 neces sary to operate pretrial release and diversion programs established under this article 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.

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JOURNAL OF THE SENATE

42-8-83. The authority to establish and operate pretrial release and diversion programs granted to the Department of Offender Rehabilita tion 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 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, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Coleman Coverdell Dawkins Deal English

Fincher Foster Garner Gillis Harrison Hill Hine Holloway Howard Huggins Kennedy Lester McKenzie Peevy

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

Those voting in the negative were Senators:

Brannon Brown of 47th Cobb Coggin

Engram Harris Horton Hudgins

Kidd McGill Starr

Those not voting were Senators:

Dean Greene

Land (excused)

Turner

On the adoption of the substitute, the yeas were 41, nays 11, and the substitute was adopted.

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1647

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coleinan Coverdell Dawkins Deal English

Fincher Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kennedy 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:

Brannon Coggin

Engram Horton

Kidd Starr

Those not voting were Senators:

Brantley Dean

Greene Hill

Land (excused)

On the passage of the bill, the yeas were 45, nays 6.

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

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.
Senate Sponsor: Senator Garner of the 30th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy 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:

Allgood Bowen Coggin

Greene Hill Land (excused)

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.

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.
Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 634 by striking line 1 of Page 2 in its entirety and inserting in lieu thereof the following:

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1649

'"(a) CO On or after July 1, 1984, to qualify for an". By striking from line 8 and line 14 of Page 2 the following numeral:
"1983",
and inserting in lieu thereof the following: "1984".
By striking the quotation mark at the end of line 18 of Page 2 and inserting between lines 18 and 19 of Page 2 the following:
"(2) Notwithstanding the requirements of paragraph (1) of this sub section, for the purposes of subsection (d) of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commis sioner pursuant to said Code section shall be $200,000.00.' "
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill 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 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 Hudgins Kennedy 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:

Bond Bowen Brannon

Coleman Greene Huggins

Land (excused) McKenzie

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1015. By Representatives Isakson, Aiken 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.
Senate Sponsor: Senator Stumbaugh of the 55th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowe n
Coggin Coverdell Deal English Engram Fincher Foster

Garner Gillis Harrison
Hill Hine Holloway Horton iH, owardi Hudgins
Huggms Kennedy Kidd tester McGill

Those not voting were Senators:

Bond Brannon Broun of 46th

Brown of 47th Coleman Dawkins

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd rS, tarr Stumbaugh Tate Timmons Trulock Tysinger Walker
Dean Greene Harris

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1651

Land (excused) McKenzie

Thompson

Turner

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

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

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:00 o'clock P.M. and the motion prevailed.

At 12:25 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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

Mr. President:

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

HB 1608. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the fee system for the judge of the Pro bate Court of Union County and providing an annual salary for said officer, so as to change the provisions relative to the compensation and expenses of said officer.

HB 1609. By Representative Barnett of the 10th: A bill to create the Etowah-Forsyth Water Authority.

HB 1610. By Representative Crawford of the 5th: A bill to make provisions for the Magistrate Court of Chattooga County.

HB 1611. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Author ity, so as to change the composition of the membership of the authority.

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HB 1612. By Representative Long of the 142nd: A bill to provide a new charter for the City of Whigham.

HB 1613. By Representative Adams of the 79th:
A bill to provide a new charter for the City of Concord in the County of Pike.

HB 1614. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early County.

HB 1615. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education", so as to provide for competitive bidding on all materials, equip ment, and supplies in excess of $1,500.00 by the Board of Education of Har ris County.

HB 1616. By Representative Mostiler of the 75th:
A bill to provide for the imposition, collection, and disposition of costs in the Magistrate Court of Spalding County for the purpose of maintaining the county law library.

HB 1620. By Representatives Peters of the 2nd, Hays of the 1st and Ramsey of the 3rd:
A bill to provide for an additional homestead exemption of $2,000 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over.

HB 1622. By Representatives Dover and Irvin of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County in addi tion to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the board of trustees of the Habersham County Law Library.

HB 1623. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the composition of the Board of Education of Coweta County.

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1653

HB 1624. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected; to change the composition of the members of said board.

HB 1625. By Representatives Byrd and Moody of the 153rd: A bill to create the State Court of Jeff Davis County.

HB 1628. By Representatives Lane of the 111th and Godbee of the 110th:
A bill to amend an Act creating a new charter for the City of Statesboro, so as to provide that the recorder of the recorder's court of the City of States boro may reside anywhere within Bulloch County rather than within the City of Statesboro.

HB 1629. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County in lieu of fees, so as to change the provi sions relative to such salary.

HB 1630. By Representative Bailey of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to change the corporate limits of said city.

HB 1631. By Representatives Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to amend, change, and redefine the road districts in Coweta County.

HB 1632. By Representative Copelan of the 106th:
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 Putnam County who is age 65 or older and who meets certain income qualifications.

HB 1633. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the number of commissioners.

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

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 House has adopted the following resolution of the Senate:

SR 420. By Senators Allgood of the 22nd, Kennedy of the 4th and Starr of the 44th: A resolution relative to adjournment.

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

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

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 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and Bryant of the 3rd:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.

WEDNESDAY, FEBRUARY 15, 1984

1655

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 425 by striking from Section 1 beginning on line 1 of Page 2 the following:
"shall continue to receive the salary such clerk was receiving imme diately prior to the abolition of such court.",
and inserting in lieu thereof the following:
"shall not be entitled to any salary heretofore received for service in such court.".

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 Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Harris Harrison Hine Holloway Horton Hudgins

Huggins Kennedy Kidd Lester McGill Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr

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Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Barnes Brannon Coggin Coleman Fincher

Gillis Greene Hill Howard Land (excused)

McKenzie Peevy Stumbaugh Tate Thompson

On the passage of the bill, the yeas were 41, nays 0.

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

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.
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 Coleman Deal Dean

English Engram Foster Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Lester

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

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1657

Those not voting were Senators:

Barker Coggin Coverdell Dawkins Fincher

Garner Greene Hill Howard Land (excused)

Peevy Reddish Stumbaugh Thompson

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
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 Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dean

English Engram Fincher Foster Greene Harrison Hine Holloway Horton Huggins Kennedy Kidd Lester McKenzie

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

Those voting in the negative were Senators:

Brown of 47th Dawkins Deal

Gillis Harris Hudgins

McGill Peevy

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker
Garner Hill

Howard Land (excused)

Scott of 2nd Stumbaugh

On the passage of the bill, the yeas were 41, nays 8.

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

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.
Senate Sponsor: Senator Broun of the 46th.

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 Bubba McDonald, Chairman

House Appropriations Committee

FROM:

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

DATE:

January 30, 1984

SUBJECT: Fiscal Note--House Bill 928 (LC 14 3241) Payments for Supervising Teachers

This Bill would provide for payments to supervising teachers in addition to regular compensation payable to such teachers. Payments would be for each quarter or semester in which supervising teacher services are provided and would be $125 to such teachers with a valid supervising teacher services
certificate and $50 to supervising teachers who do not have such a certifi cate. The Bill specifically defines 'supervising teacher' and 'supervis-

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ing teacher services certificate' and requires the Department of Education and the Georgia Association of Colleges of Teacher Education to jointly establish minimum requirements to be met by supervising teachers. The Bill also provides for pro rata payments to teachers if sufficient funds are not appropriated to make full payments.
The Department of Education (DOE) has estimated that the fiscal im pact of this Bill would be $232,900 per year in payments to supervising teachers. This cost was based on 373 certificated teachers receiving pay for two semesters/quarters and 2,793 non-certificated teachers receiving pay for one semester/quarter. DOE assumed that non-certificated supervising teach ers would not be supervising full-time. DOE indicated that no additional cost would be incurred for establishing minimum requirements since re quirements are currently in place.

/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
Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Greene Harris HHainrerison
Holloway Horton Howard Kennedy Kidd Lester McGill

Peevy Perry Phillips Reddish Scott of 2nd
Sgcottt Qoff 36th
Stumb, augh,
' ate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Garner Hill

Hudgins Huggins

Land (excused) McKenzie

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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.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 297 was as follows:
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 I. 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 el derly persons to participate fully in the social and economic life of Geor gia 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) 'Adaptable' is further explained as follows:

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1661

(A) Adaptable refers to features provided for but not actually in stalled. Such adaptability makes it possible for the feature required by ANSI A117.1 Standard to be added for the occupant without major structural alteration;
(B) Items not installed at the time of construction under the adapta ble provisions of ANSI A1I7.1 Standard, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person, within 30 days after his or her application for occu pancy is approved by the owner.
(2) '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.
(3) '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.
(4) '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 renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and struc tures used by the public which are constructed or renovated in whole or in part by use of federal funds.
(5) '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 renovated by the use of private funds, including rental apart ment complexes of 20 units or more and temporary lodging facilities of 20 units or more, provided that this chapter shall require fully accessible or adaptable units in only 5 percent of the total rental apartments, or a minimum of one whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater, provided that this chapter shall not apply to a pri vate single-family residence or to duplexes or any complex containing fewer than 20 units, or to condominiums as defined in Code Section 44-371.
(6) '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:

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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:

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

(7) 'Renovation' means:
(A) If any specific component of an elevator is replaced or removed from its existing location to a different location, then the specific compo nent shall be required to meet the ANSI A117.1 Standard, as specified in Code Section 30-3-2, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard;
(B) Any component of a building, structure or facility, which is re placed, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in Code Section 30-3-2, including an accessible route as defined in the ANSI A117.1 Standard.

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30-3-3. All government buildings, public buildings, and facilities re ceiving permits for construction or renovation after July 1, 1984, shall comply with the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped people; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the Univer sity 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 re ceiving permits for construction or renovation after July 1, 1984, shall comply with the American National Standards Institute specifications Al 17.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals and, without limiting the general ity of the foregoing, shall provide the following amenities for handi capped persons, as appropriate:
(1) Parking spaces in a reasonable number;
(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.

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(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 person or corporation or public entity unless it conforms to the re quirements 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 ar chitect or engineer who prepared them in a manner acceptable to the Commissioner. The Commissioner shall approve the plans and specifi cations 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 governing 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 subparagraph (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 accom plish 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 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 (5) 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 All7.1-1980. The builder, developer, or building owner following said

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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.
(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.

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Senator Burton of the 5th moved that the Senate agree to the House substitute to SB 297.

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 Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy

Kidd Lester Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Hill Horton

Land (excused) McGill McKenzie

Scott of 2nd Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 297.

Senator Trulock of the 10th moved that the following bill of the House, having been passed by substitute previously today, be immediately transmitted to the House:

HB 957. By Representatives Thompson, Wilson, 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.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 957 was immediately transmitted to the House.

WEDNESDAY, FEBRUARY 15, 1984

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

HR 505. By Representatives Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
Senate Sponsors: Senators Barnes of the 33rd and Foster of the 50th.

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 su perintendent in office on January 1, 1985, and for other matters relative thereto; 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 V, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agricul ture, or Commissioner of Labor, the Governor elected at the same elec tion, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
Section 2. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
Section 3. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."

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Section 4. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows:

"Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Super intendent shall have such qualifications and shall be paid such compensa tion as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.",

and inserting in lieu thereof a new Paragraph I to read as follows:

"Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education. The superintendent in office on January 1, 1985, shall continue to serve the remainder of the term to which he was elected. Thereafter, the State School Superintendent shall be appointed by the State Board of Education. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligi ble for appointment as State School Superintendent during the time for which such member shall have been appointed."

Section 5. 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 State Board of Education to appoint the State School Superintendent?"

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:

WEDNESDAY, FEBRUARY 15, 1984

1669

Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Lester

McGill 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:

English

Kennedy

McKenzie

Those not voting were Senators:

Barker Bryant Cobb

Hill Land (excused)

Scott of 36th Stumbaugh

On the adoption of the resolution, the yeas were 46, nays 3.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

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.
Senator Sponsor: Senator Walker of the 19th:
The Senate Committee on Public Utilities offered the following amendment:
Amend HR 643 by adding in Section 4 at the end of line 12 of Page 3 a new sentence to read as follows:
"If the conveyance is to a nongovernmental purchaser, the consider ation shall be the fair market value of such property."

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On the adoption of the amendment, the yeas were 33, nays 1, 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 Broun of 46th Brown of 47th Burton Coggin Coleman Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Barker Bryant Cobb

Hill Land (excused) McKenzie

Scott of 2nd Trulock

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

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

WEDNESDAY, FEBRUARY 15, 1984

1671

Senator Barnes of the 33rd offered the following substitute to HB 1313:

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 cer tain 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 official 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 paragraph (1) of subsection (a) of this Code section shall not apply to:

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(1) Any transaction made pursuant to sealed competitive bids;
(2) Any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all 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 45-10-28."
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."

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harrison 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 Tate Thompson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Barker Bryant Cobb

Garner Harris Hill

Land (excused) Timmons

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

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

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

SB 174. By Senators Gillis of the 20th, English of the 21st, Walker of the 19th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to requirements applicable to parks, historic sites, and recrea tional areas under the custody and control of the Department of Natural Resources, so as to establish hours of operation for certain types of boats at certain state park lakes.

The House substitute to SB 174 was as follows:

A BILL
To be entitled an Act to amend Section 12-3-10 of the Official Code of Georgia Annotated, relating to the requirements applicable to parks, historic sites, and recreational areas under the custody and control of the Depart ment of Natural Resources, so as to specify that electric motors only may be used on Sweetwater Creek Lake and the 37-acre lake at Hard Labor Creek; to specify that only electric motors or 10 horsepower or less gasoline motors may be used on the 275-acre lake at Hard Labor Creek; to establish hours of operation for certain types of boats at Little Ocmulgee Lake and the upper 29-acre Magnolia Springs Lake; to repeal conflicting laws; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-3-10 of the Official Code of Georgia An notated, relating to the requirements applicable to parks, historic sites, and recreational areas under the custody and control of the Department of Nat ural Resources, is amended by striking the period at the end of paragraph (6) of subsection (g) and inserting in lieu thereof a semicolon and by adding at the end of subsection (g) new paragraphs (7) and (8) to read as follows:
"(7) Sweetwater Creek Lake;
(8) Hard Labor Creek Lake (the 37-acre lake)."
Section 2. Said Code Section 12-3-10 is further amended by striking paragraph (3) of subsection (h) and inserting a new paragraph (3) of sub section (h) to read as follows:
"(3) Hard Labor Creek Lake (the 275-acre lake);"
Section 3. Said Code Section 12-3-10 is further amended by striking the period appearing at the end of paragraph (8) of subsection (h) and in serting in lieu thereof a semicolon and by adding at the end of said subsec tion (h) new paragraphs (9) and (10) to read as follows:
"(9) Little Ocmulgee Lake (between 7:00 a.m. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 a.m.

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1675

eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 p.m. eastern standard time or eastern daylight time, whichever is applicable, and sunset); and
(10) Magnolia Springs Lake (upper lake-29 acres) (between 7:00 a.m. eastern standard time or eastern daylight time, whichever is applica ble, and 11:00 a.m. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 p.m. eastern standard time or eastern daylight time, whichever is applicable, and sunset)."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 19th moved that the Senate agree to the House substitute to SB 174.

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th CBougrtgoinn
CDoavwekridnesll Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Mine Holloway HHoowrtoanrd
HHuudgggiinnss Kennedy Kidd tester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd eSt. umb, augh,
Ti,hfoempson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Bryant

Cobb Coleman Harrison

Hill Land (excused) Starr

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 174.

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JOURNAL OF THE SENATE

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

HB 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.
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 Bond Bowen Brannon Brantley Brown of 47th Burton Coggin Coverdell Dean English Engram Fincher Foster

Gillis Greene Harris Hine 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 Trulock Turner Tysinger Walker

Those voting in the negative were Senators Dawkins and Deal.

Those not voting were Senators:

Barker Barnes Broun of 46th Bryant

Cobb Coleman Garner Harrison

Hill Holloway Land Timmons

On the passage of the bill, the yeas were 42, nays 2.

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

WEDNESDAY, FEBRUARY 15, 1984

1677

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.
Senate Sponsor: Senator Engram of the 34th.

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 Helen Selman

State Representative, District 32

FROM: W. M. Nixon, State Auditor

DATE:

January 16, 1984

SUBJECT: House Bill (LC 7 5552) HB 1180 Fulton County School Employees' Pension System

This Bill would change the membership of the Pension Board of the Fulton County School Employees' Pension System. The new composition of the Board would be: two members of the Fulton County Board of Educa tion; two members who would be active teachers or employees of the Fulton County Board of Education; and one member who would not be a current or former member or teacher or employee of the Fulton County Board of Edu cation, and would have to have substantial experience in financial and in vestment matters. The Executive Secretary who is selected by the pension board would be allowed to be an employee of the Fulton County Board of Education with the consent of the Fulton County Board of Education. The Administrator of Finance for the school system would replace the Comptrol ler of Fulton County as the treasurer of the pension fund. The Bill also provides for the election or appointment of new members and their successors.

This is to certify that this is a nonfiscal retirement bill to the pension system.

/s/ W. M. Nixon State Auditor

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Muggins Kidd 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:

Barnes Bryant Cobb

Hill Kennedy (presiding) Land (excused)

Scott of 2nd Timmons

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

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

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

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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

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1679

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

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.
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison 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:

Barnes Cobb Garner

Hill Hudgins

Kennedy (presiding) Land (excused)

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.

Senator Garner of the 30th moved that the following bill of the House, having been passed previously today by substitute, be immediately transmitted to the House:

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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1101 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 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substi tute to HB 1249:

A BILL
To be entitled an Act to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to remove the director of the Personnel Division of the Department of Administrative Services from the classified service; to remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service; to remove the director of the Environmental Protection Division of the De partment of Natural Resources from the classified service; to exclude certain other positions in the Department of Natural Resources from the classified service; to provide for applicability of certain laws with respect to unclassi fied employees of the Department of Natural Resources who are paid on an hourly basis; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 15, 1984

1681

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-2 of the Official Code of Georgia An notated, relating to definitions pertaining to the State Merit System of Per sonnel Administration, is amended by striking paragraph (2) of Code Sec tion 45-20-2 and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Classified service' includes all employees of state departments as defined in this Code section; all employees of local departments of health and county departments of family and children services; local em ployees of the Department of Defense as defined by law; but those of ficers and employees excluded by this article shall not be included."
Section 2. Said Code section is further amended by striking subparagraphs (X) and (Y) of paragraph (15) and inserting in lieu thereof new subparagraphs (X), (Y), and (Z) to read as follows:
"(X) Additional positions of unique functions as may be authorized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety; and
(Z) The officers, officials, employees, and positions of the Depart ment of Natural Resources, except those officers, officials, employees, and positions which are as of the effective date of this subparagraph in fact in the classified service or which the commissioner designates as be ing in the classified service of the merit system unless placed in the un classified service under another provision of this chapter. Unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employ ment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of Title 45."
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 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:

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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 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 Tate Thompson Timmons Trulock Turner

Those not voting were Senators:

Brannon Cobb Coleman

Garner Hill Kennedy (presiding)

Land (excused) Tysinger Walker

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

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

HB 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.
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:

WEDNESDAY, FEBRUARY 15, 1984

1683

Those voting in the affirmative were Senators:

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

Dean Engram Foster Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Muggins Kidd McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley Cobb English Fincher

Garner Hill Howard Kennedy (presiding) Land (excused)

Lester Scott of 2nd Starr Tate Timmons

On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
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 Bowen

Brannon Brantley

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Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dean English Engram Fincher Foster

Greene Harris Harrison Holloway Horton Howard Hudgins Huggins Kidd Lester McGill Perry

Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Hine

Deal

Peevy

Those not voting were Senators:

Bond Cobb Garner Gillis

Hill Kennedy (presiding) Land (excused) McKenzie

Phillips Scott of 2nd Starr

On the passage of the bill, the yeas were 41, nays 4.

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 amendment thereto:

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 amendment was as follows:

Amend the Senate amendment to HB 886 by striking all matter on lines 3 through 18 of Page 1,
By striking from line 19 of Page 1 the following: "By",

WEDNESDAY, FEBRUARY 15, 1984

1685

and inserting in lieu thereof the following: "Amend HB 886 by".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 886.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd tester

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

Those not voting were Senators:

Bond Cobb Garner

Hill Kennedy Land

Scott of 2nd Scott of 36th

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 886.

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

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.
Senate Sponsor: Senator Allgood of the 22nd.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1197 by striking from line 15 of Page 1 the following: "$10.00",
and inserting in its place the following: "$15.00".
By striking from line 12 of Page 2 the following: "$10.00",
and inserting in its place the following: $15.00".

On the adoption of the amendment, the yeas were 34, nays 3, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd 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 voting in the negative were Senators Deal and Peevy.

WEDNESDAY, FEBRUARY 15, 1984

1687

Those not voting were Senators:

Barnes Bryant Cobb

Garner Hill

Kennedy (presiding) Land (excused)

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsors: Senators Coverdell of the 40th and 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 11, 1984

SUBJECT: Substitute to House Bill 256 (LC 7 5464S) Teachers' Retirement System of Georgia

This Bill would change the membership of the Board of Trustees of the Teachers' Retirement System of Georgia. Certain member positions which are filled by persons holding positions designated by the current law or are appointed by associations would be eliminated. The Director of the Fiscal Division of the Department of Administrative Services would be added as an ex officio member. Four members would be appointed by the Governor, one would be appointed by the Board of Regents and two would be elected by the Board of Trustees. The State Auditor and the Insurance Commissioner would remain as ex officio members. The Bill also provides for dates the new members would take office and the appointment of successors.

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

Senators Starr of the 44th, Turner of the 8th and Tate of the 38th offered the following amendment:

Amend HB 256 (LC 7 5464S) as follows:
By inserting at the beginning of line 7 on Page 1 immediately preceding the word "to" the following:
"to provide for a nominating committee and for its duties;".
By striking the word "shall" where it appears in line 18 on Page 3, in line 28 on Page 3, and in line 7 on Page 4 and inserting in lieu thereof, in each place where the word "shall" is stricken, the word "may".
By striking the word "trustees" where it appears in line 20 on Page 3, in line 30 on Page 3, and in line 9 on Page 4 and inserting in lieu thereof, in each place where the word "trustees" is stricken, the following:
"nominating committee provided for by subsection (g) of this Code section".
By striking from line 11 on Page 5 the word "two" and inserting in lieu thereof the word "three".
By striking from line 12 on Page 5 the following:
"and (f)",
and inserting in lieu thereof the following:
", (f), and (g)".
By striking from line 20 on Page 5 the following:
"and the board of trustees",
and inserting in lieu thereof the following:
", the board of trustees, the Board of Regents of the University Sys tem of Georgia, and the nominating committee provided for by subsec tion (g) of this Code section".
By striking from line 21 on Page 5 the word "all".
By inserting between lines 22 and 23 on Page 5 a new subsection (g) to read as follows:
"(g) (0 The Teachers Retirement System Nominating Committee is created. There shall be one member of the nominating committee for

WEDNESDAY, FEBRUARY 15, 1984

1689

each 10,000 members or major fraction thereof of each of the following educational organizations: the Georgia Association of Educators, the Georgia Federation of Teachers, and the Professional Association of Georgia Educators. The members of each respective organization shall elect its respective number of members of the nominating committee by May 1, 1984. There shall be one additional member of the nominating committee elected by the members of the Georgia Association of Educa tional Leaders by May 1, 1984. The members of the nominating commit tee shall serve for terms of three years and their successors shall be se lected in the same manner as the original members. Any vacancy shall be filled for the unexpired term by the members of the educational organi zation which elected the member wherein the vacancy exists.
(2) The nominating committee shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section as a member of the board. In making appointments pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section, the Governor may consider the names submitted by the nominating committee, but it is spe cifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any ap pointee from names submitted by the nominating committee.
(3) The nominating committee may also consult with members of the board of trustees on matters pertaining to retirement, proposed changes in benefits, and other areas of interest and concern to active and retired members of the Teachers Retirement System of Georgia.
(4) The members of the nominating committee shall serve without compensation. Such members may be reimbursed for travel or other ex penses incurred in attending meetings of the nominating committee from the funds of their respective employers or educational organizations but not from the funds of the Teachers Retirement System of Georgia.".
By striking Sections 3 and 4 where the same appear in lines 23 through 33 on Page 5 and in lines 1 through 8 on Page 6 and substituting in lieu thereof one new Section 3 to read as follows:
"Section 3. For the purpose of the creation of the nominating com mittee provided for in quoted subsection (g) of Section 2 of this Act, for the purpose of the submission of names to the Governor by said nominat ing committee, and for the purpose of making appointments to the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective upon its approval by the Gover nor or upon its otherwise becoming law. For the purposes of the composi tion of the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective on July 1, 1984.".
By redesignating Section 5 as Section 4.

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JOURNAL OF THE SENATE

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 15, 1984

SUBJECT: Amendment to House Bill 256 Substitute (LC 7 5464S) (AM 7 0034) Composition of the Board of Trustees of the Teachers Retire ment System of Georgia

This Amended Substitute Bill would change the qualifications and/or methods of selecting 6 of the 10 trustees of the Board of Trustees of the Teachers' Retirement System of Georgia. The initial terms of office would be designated. The changes in qualifications and selection methods are:

1. The position designated for the Executive Secretary of the Georgia Association of Educators would be eliminated,

2. The position designated for the Associate Executive Secretary of the Georgia Association of Educators would be eliminated,

3. The school administrator or school principal position would be changed to school administrator only and the administrator would have to be an active member of TRS. The position would be ap pointed by the Governor versus elected by the Georgia Association of Educators,

4. The school teacher would have to be an active member of TRS and would be appointed by the Governor versus elected by the Georgia Association of Educators,

5. The employee of the Board of Regents would have to be an active member of TRS,

6. The retired school teacher position would be changed to a retired member of TRS and would be elected by the remaining trustees ver sus elected by the Georgia Retired Teachers Association,

7. The Director of the Fiscal Division of the Department of Adminis trative Services would be added, and

8. One position designated for an active member of TRS who is not an employee of the Board of Regents would be added and would be ap pointed by the Governor.

WEDNESDAY, FEBRUARY 15, 1984

1691

Four positions (State Auditor, Insurance Commissioner, member exper ienced in the investment of monies elected by remaining trustees, and an undesignated position appointed by the Governor) would remain unchanged.
This amended substitute also creates the Teachers' Retirement System Nominating Committee and provides for the composition of that committee encompassing representation for the Georgia Association of Educators; the Georgia Federation of Teachers; and the Professional Association of Geor gia Educators; the election of its members, and the terms of their offices.
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 amendment, the yeas were 36, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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
RBTMroun %of A46Hth BBuryrtaonnt
Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
SHraerCrinse HMainrenson
Holloway Horton Howard Hudgins Huggins Kidd Lester

McGill McKenzie Peevy Perry Phillips Reddish
Sscott off 23fnidfc ?,,cot..t of, 4.3, rd,
Marr Tate Thompson Timmons Trulock Turner Walker

Voting in the negative was Senator Brown of 47th.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Hill Kennedy (presiding)

Land (excused) Stumbaugh

Tysinger

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has appointed a Committee of Conference on the following bill of the Senate:

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, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks; to repeal conflict ing laws.
The Speaker has appointed on the part of the House, Representatives Auten of the 156th, McVeigh of the 155th and Greene of the 130th.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

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.
The House insists on its position in disagreeing to the Senate substitute and has

WEDNESDAY, FEBRUARY 15, 1984

1693

appointed a Committee of Conference to confer with a like committee on the part of the Senate on following bill of 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.

The Speaker has appointed on the part of the House:

Representatives Lambert of the 66th, Groover of the 99th and Evans of the 84th.

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

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.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Buck of the 95th, Lawson of the 9th and Copeland of the 143rd.

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JOURNAL OF THE SENATE

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

HB 1621. By Representatives Triplett of the 128th, Ginsberg of the 122nd and Hamil ton of the 124th:
A bill to completely revise the laws relative to the governing authority of Chatham County.

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

HB 1608. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act to abolish the fee system for the judge of the Pro bate Court of Union County and providing an annual salary for said officer, so as to change the provisions relative to the compensation and expenses of said officer.
Referred to Committee on Federal, State and Community Affairs.

HB 1609. By Representative Barnett of the 10th: A bill to create the Etowah-Forsyth Water Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1610. By Representative Crawford of the 5th: A bill to make provisions for the Magistrate Court of Chattooga County.
Referred to Committee on Federal, State and Community Affairs.

HB 1611. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Author ity, so as to change the composition of the membership of the authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1612. By Representative Long of the 142nd: A bill to provide a new charter for the City of Whigham.
Referred to Committee on Federal, State and Community Affairs.

HB 1613. By Representative Adams of the 79th:
A bill to provide a new charter for the City of Concord in the County of Pike.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 15, 1984

1695

HB 1614. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early County.
Referred to Committee on Federal, State and Community Affairs.

HB 1615. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education", so as to provide for competitive bidding on all materials, equip ment, and supplies in excess of $1,500.00 by Board of Education of Harris County.
Referred to Committee on Federal, State and Community Affairs.

HB 1616. By Representative Mostiler of the 75th:
A bill to provide for the imposition, collection, and disposition of costs in the Magistrate Court of Spalding County for the purpose of maintaining the county law library.
Referred to Committee on Federal, State and Community Affairs.

HB 1620. By Representatives Peters of the 2nd, Hays of the 1st and Ramsey of the 3rd:
A bill to provide for an additional homestead exemption of $2,000 from ad valorem taxes levied for educational purposes, by, for, or on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over.
Referred to Committee on Federal, State and Community Affairs.

HB 1622. By Representatives Dover and Irvin of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County in addi tion to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the board of trustees of the Habersham County Law Library.
Referred to Committee on Federal, State and Community Affairs.

HB 1623. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the composition of the Board of Education of Coweta County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1624. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected; to change the composition of the members of said board.
Referred to Committee on Federal, State and Community Affairs.

HB 1625. By Representatives Byrd and Moody of the 153rd: A bill to create the State Court of Jeff Davis County.
Referred to Committee on Federal, State and Community Affairs.

HB 1628. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a new charter for the City of Statesboro, so as to provide that the recorder of the recorder's court of the City of States boro may reside anywhere within Bulloch County rather than within the City of Statesboro.
Referred to Committee on Federal, State and Community Affairs.

HB 1629. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County in lieu of fees, so as to change the provi sions relative to such salary.
Referred to Committee on Federal, State and Community Affairs.

HB 1630. By Representative Bailey of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to change the corporate limits of said city. Referred to Committee on Federal, State and Community Affairs.

HB 1631. By Representatives Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to amend, change, and redefine the road districts in Coweta County.
Referred to Committee on Federal, State and Community Affairs.

HB 1632. By Representative Copelan of the 106th:
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 Putnam County who is age 65 or older and who meets certain income qualifications.
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 15, 1984

1697

HB 1633. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the number of commissioners. Referred to Committee on Federal, State and Community Affairs.

HB 1621. By Representatives Triplett of the 128th, Ginsberg of the 122nd and Hamil ton of the 124th:
A bill to completely revise the laws relative to the governing authority of Chatham County.
Referred to Committee on Federal, State and Community Affairs.

Serving as doctor of the day was Doctor William A. Delp, Jr. of Loganville, Georgia.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 420, adopted previously, until 10:00 o'clock A.M. on Monday, February 20; the motion prevailed.

At 3:40 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 420, adopted previ ously, until 10:00 o'clock A.M. on Monday, February 20.

1698

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 20, 1984 Thirty-fifth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Wednesday, February 15, had been read and found correct.

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

Serving as doctor of the day while the Senate was not in session was Dr. Fred Rankin of Macon, Georgia, who served on Friday, February 17.

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

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 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.

The House has adopted the following resolution of the House:

HR 652. By Representatives Ray of the 98th, Moore of the 139th, Brown of the 154th and others:
A resolution urging Congress to amend the Federal Unemployment Tax Act.

MONDAY, FEBRUARY 20, 1984

1699

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

HB 957. By Representatives Thompson, Wilson and Burruss 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 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.

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.

The House has adopted the report of the Committee of Conference on the follow ing 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 House has adopted by the requisite constitutional majority the following reso lution 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.

1700

JOURNAL OF THE SENATE

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

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 superior courts, so as to provide 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 shall be deter mined according to the United States decennial census of 1970.

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.

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 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 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 part of the Constitution of the State of Georgia, which amendment requires the Board of Education of the Rabun County School District to impose, 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.

MONDAY, FEBRUARY 20, 1984

1701

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
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 101. By Senator Coggin of the 35th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned mo tor vehicles, so as to change the provisions relative to unattended or aban doned motor vehicles.
SB 106. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that any person engaged in the act of hunting who injures or kills any other person shall be liable for such injury or death.
The House has adopted the following resolution of the House:
HR 780. By Representatives Byrd and Moody of the 153rd, Reaves of the 147th and others:
A resolution urging the Georgia congressional delegation to recognize the problems of farmers.
The House has agreed to the Senate amendment to the following bill of the House:
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.

1702

JOURNAL OF THE SENATE

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

SB 563. 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; to require candidates to run for certain posts within one dis trict; to provide for terms of office; to provide for the election of the chairman.
Referred to Committee on Federal, State and Community Affairs.

SB 564. By Senator Barnes of the 33rd:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the corporate limits of the city.
Referred to Committee on Federal, State and Community Affairs.

SR 424. By Senators Cobb of the 28th and Walker of the 19th: A resolution creating the Cable Television Study Committee.
Referred to Committee on Industry and Labor.

SR 426. By Senators Kidd of the 25th, Scott of the 43rd and Hudgins of the 15th:
A resolution creating the Senate Study Committee Concerning Federal Ap propriations to Georgia.
Referred to Committee on Governmental Operations.

SR 427. By Senators Kidd of the 25th, Scott of the 43rd and Hudgins of the 15th:
A resolution creating the Senate Job Training Partnership Act Study Committee.
Referred to Committee on Governmental Operations.

SR 431. By Senator Reddish of the 6th:
A resolution urging the Department of Transportation to designate the Owen G. Lee Parkway.
Referred to Committee on Transportation.

SR 432. By Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th:
A resolution urging school board members in Georgia to participate in train ing and developmental activities.
Referred to Committee on Education.

MONDAY, FEBRUARY 20, 1984

1703

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

HR 652. By Representatives Ray of the 98th, Moore of the 139th, Brown of the 154th and others:
A resolution urging Congress to amend the Federal Unemployment Tax Act.
Referred to Committee on Industry and Labor.

HR 780. By Representatives Byrd of the 153rd, Reaves of the 147th, Moody of the 153rd and others:
A resolution urging the Georgia congressional delegation to recognize the problems of farmers.
Referred to Committee on Agriculture.

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

Mr. President:

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

HB 1294. Do pass. HB 1569. Do pass.

HR 759. Do pass.

Respectfully submitted,

Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Children and Youth 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 602. Do pass by substitute.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of

1704

JOURNAL OF THE SENATE

the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 840. Do pass by substitute. HB 1369. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1206. Do pass by substitute. HR 749. 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 559. SB 560. SB 561. SB 562. HB 870. HB 873. HB 1319. HB 1320. HB 1391. HB 1404. HB 1491. HB 1554. HB 1555.

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

HB 1565. HB 1566. HB 1571. HB 1572. HB 1577. HB 1582. HB 1583. HB 1585. HB 1591. HB 1592. HB 1598. HB 1600. HB 1601.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

MONDAY, FEBRUARY 20, 1984

1705

HB 1603. Do pass. HB 1606. Do pass.

Respectfully submitted, Senator Scott of the 43rd District, Chairman

Mr. President:

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

HB 830. HB 839. HB 894. HB 922. HB 1059.

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

HB 1242. HB 1292. HB 1326. HR 444. HR 644.

Do pass. Do pass as amended. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Walker of the 19th District, Chairman

Mr. President:

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

HB 1312. Do pass. HB 1493. Do pass.

HB 1526. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 949. Do pass by substitute. HB 1108. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

1706 Mr. President:

JOURNAL OF THE SENATE

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 1373. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1010. Do pass as amended. HR 572. Do pass by substitute. HR 587. Do pass. HR 645. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 387. Do pass. HB 144. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

MONDAY, FEBRUARY 20, 1984

1707

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

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.

SR 399. By Senator Kidd of the 25th: A resolution urging the designation of the Ezell S. Goolsby Bridge.

SR 415. By Senators Coleman of the 1st, Bryant of the 3rd, Peevy of the 48th and others:
A resolution creating the Senate Transportation Study Committee.

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 901. By Representatives Murphy of the 18th, Burruss, Wilson, Thompson 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 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.

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.

1708

JOURNAL OF THE SENATE

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.

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.

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 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 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 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 1209. By Representatives Sherrod of the 143rd, Long of the 142nd, Royal of the 144th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three-wheeled motorcycles used only for agricultural purposes.

MONDAY, FEBRUARY 20, 1984

1709

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 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 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.

HB 1259. By Representative Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Murray County.

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 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 be issued under a passport number for certain persons in lieu of a social security number.

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.

1710

JOURNAL OF THE SENATE

HB 1354. By Representatives Atkins of the 21st, Thompson and Burruss of the 20th and others:
A bill to amend Code Section 15-11-35 of the Official Code of Georgia An notated, relating to disposition of delinquent children by juvenile courts, so as to provide that, in any case where a child is found to have committed a delinquent act and has not achieved a high school diploma or the equivalent, the court may require as a condition of probation that the child pursue a course of study.

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.

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.

HB 1512. By Representatives Alford of the 57th, Logan of the 67th, Wilson of the 20th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the centennial of the founding of the Georgia Institute of Technology.

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 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 20, 1984

1711

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 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 of the llth and Irvin of the llth: A bill to create the White County Water and Sewerage Authority.

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.

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.

1712

JOURNAL OF THE SENATE

HB 1532. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Lumpkin County Water and Sewerage Authority.

HB 1534. By Representatives Bailey, Lee and 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.

HB 1536. By Representatives Bailey, Lee and 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.

HB 1538. By Representatives Bailey, Lee and 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.

HB 1541. By Representatives Bailey, Lee and 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.

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.

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.

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.

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.

MONDAY, FEBRUARY 20, 1984

1713

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.

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.

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.

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.

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.

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.

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.

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.

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.

1714

JOURNAL OF THE SENATE

HB 1560. By Representatives Bailey, Benefield and 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.

HB 1561. By Representatives Bailey, Holcomb and 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.

HB 1562. By Representatives Bailey, Johnson and 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.

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.

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.

HR 655. By Representative Rainey of the 135th: A resolution naming the South Oaks Road in Dooly 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 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.

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

MONDAY, FEBRUARY 20, 1984

1715

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

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

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.

The report 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 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.

Senator English of the 21st offered the following amendment:

Amend SB 542 by striking the quotation marks at the end of line 9 of Page 6 and inserting between lines 9 and 10 of Page 8 the following:
"(f) If any portion of Emanuel County is not included within a dis trict described in this section, such portion shall be a part of the adjacent district which has the least population according to the United States decennial census of 1980. If such portion adjoins or is encompassed by only one district, the portion shall be a part of such district.'"

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.

1716

JOURNAL OF THE SENATE

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.

The report 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 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.

The report 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 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.

The report 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 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

MONDAY, FEBRUARY 20, 1984

1717

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.

The report 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 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.

The report 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 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.

The report 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 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.

1718

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.

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.

The report 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 Timmons of the llth moved that SB 557 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 557 was immediately transmitted to the House.

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.

The report 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 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.

MONDAY, FEBRUARY 20, 1984

1719

The report 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 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.

The report 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 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.

The report 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 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.

The report 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.

1720

JOURNAL OF THE SENATE

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

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.

The report 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 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.

The report 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 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.

The report 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.

MONDAY, FEBRUARY 20, 1984

1721

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.

The report 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 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.

The report 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 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.

The report 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.

1722

JOURNAL OF THE SENATE

HB 1350. By Representative Reaves of the 147th:
A bill to provide for reapportionment of the board of education of Brooks 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 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.

The report 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 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.

The report 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 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

MONDAY, FEBRUARY 20, 1984

1723

Fulton and creating a new charter for said city, so as to change the salaries of the mayor and members of the city council.

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

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

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

HB 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.

The report 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 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.

The report 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 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.

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

1724

JOURNAL OF THE SENATE

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

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

HB 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.

The report 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 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.

The report 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 1436. By Representatives Connell of the 87th and Padgett of the 86th: A bill to make provisions for the Magistrate Court of Richmond 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.

MONDAY, FEBRUARY 20, 1984

1725

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.

The report 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 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.

The report 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 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.

The report 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.

1726

JOURNAL OF THE SENATE

HB 1445. By Representatives Buck of the 95th, Hirsch of the 96th, Gaier 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.

The report 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 1446. By Representatives Buck of the 95th, Hirsch of the 96th, Gaier 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.

The report 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 1447. By Representatives Buck of the 95th, Hirsch of the 96th, Gaier 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.

The report 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.

MONDAY, FEBRUARY 20, 1984

1727

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.

The report 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 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.

The report 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 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.

The report 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.

1728

JOURNAL OF THE SENATE

HB 1466. By Representatives Colwell of the 4th 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.

The report 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 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.

The report 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 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.

The report 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 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.

MONDAY, FEBRUARY 20, 1984

1729

The report 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 1479. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to abolish the office of treasurer of Union County.

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

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

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

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.

The report 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 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.

The report 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.

1730

JOURNAL OF THE SENATE

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.

The report 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 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.

The report 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 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.

The report 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 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.

MONDAY, FEBRUARY 20, 1984

1731

The report 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 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.

The report 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 1489. By Representative Barnett of the 10th: A bill to make provisions for the Magistrate Court of Forsyth 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 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.

The report 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.

1732

JOURNAL OF THE SENATE

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".

The report 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 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.

The report 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 1501. By Representative Ware of the 77th: A bill to create the Franklin-Heard County Water 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 49, nays 0.

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

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.

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

MONDAY, FEBRUARY 20, 1984

1733

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

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

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.

The report 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 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.

The report 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 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.

The report 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.

1734

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.

The report 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 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.

The report 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 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.

The report 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 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.

MONDAY, FEBRUARY 20, 1984

1735

The report 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 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.

The report 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 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.

The report 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 122. By Senator Lester of the 23rd:
A bill to amend an Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to provide pen sion benefits for the surviving spouse of the judge emeritus; to provide for the holding of any compensating position with Richmond County or of the State of Georgia or any agency of same.

1736

JOURNAL OF THE SENATE

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to SB 122:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeri tus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes.", approved April 17, 1975 (Ga. L. 1975, p. 3068), so as to remove certain provisions relating to the holding of any compensating position with Rich mond County or of the State of Georgia or any agency of same and being disqualified to engage in the practice of law in certain courts; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Pro bate Court of Richmond County; to provide for the power, duties and re sponsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes.", ap proved April 17, 1975 (Ga. L. 1975, p. 3068), is amended by striking Sec tion 4 in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 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.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:
Amend HB 1348 by striking from line 27 of Page 2 the following:

MONDAY, FEBRUARY 20, 1984

1737

"odd-numbered". By striking from line 26 of Page 2 the following:
"odd-numbered".

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

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

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

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

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.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1429 by adding before the period on line 13 of Page 2 the following:
", except that if the cost of publishing the full text of the ordinance does not exceed $99.00, the full text and not just the caption shall be published as provided in this section, and no notice of the office in which the full text is available shall then be required to be published".

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

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

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

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

1738

JOURNAL OF THE SENATE

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.

Senator Trulock of the 10th offered the following substitute to HB 1487:

A BILL
To be entitled an Act to amend an Act creating a new board of educa tion of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), so as to reapportion the board of education of Grady County into five singlemember districts; to provide for the election and terms of office of members of the board from single-member districts; to provide for two holdover posi tions on the board for a limited period of time; 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. An Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Sec tion 1 to read as follows:
"Section 1. (a) Except as hereinafter provided, the board of educa tion of Grady County shall be composed of one member from each of five education districts described in subsection (b) of this section. The mem bers of the board shall be residents of the education districts they represent and shall be elected by a majority of the qualified electors vot ing within their respective districts. All members of the board of educa tion shall be registered electors entitled to vote for members of the Gen eral Assembly of Georgia and shall have resided in Grady County for at least one year immediately preceding the date of their election and in the education district which they represent at least six months immediately preceding the date of their election. AH members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(b) For the purpose of electing members of the board of education, Grady County is divided into five education districts as follows:
Education District No. 1
Grady Tract 9901 Blocks 109 through 112, 131 through 133, 148, 149, 163, and 164 Blocks 223 through 225 Tract 9902 Block Groups 1 and 2 Blocks 301 through 307, 311, 316, and 320 Those parts of Blocks 321 through 324 outside the City of Cairo

MONDAY, FEBRUARY 20, 1984

1739

Block 325 Block Groups 4 and 6 Tract 9903 Block Group 3 Blocks 401 through 403 Those parts of Blocks 404 and 405
outside the City of Cairo Blocks 406 through 408 Blocks 501 through 547
Education District No. 2
Grady Tract 9901 Blocks 101 through 108, 113 through 130, 134 through 147, 150 through 162, and 165 through 171 Blocks 201 through 222 and 226 through 263 Those parts of Blocks 264 through 266 outside the City of Cairo Blocks 267 through 282 Blocks 301 through 305 and 318 Tract 9902 Blocks 308 through 310, 312 through 315, 318, and 319 Those parts of Blocks 321 through 323 outside the City of Cairo Blocks 501 through 524 Tract 9904 Blocks 301 through 307, 328 through 332, 351, and 365 through 368
Education District No. 3
Grady Tract 9903 Block 409 Blocks 548 and 549 Block Group 6 Tract 9904 Those parts of Blocks 121, 180, and 183 outside the City of Cairo Blocks 308 through 310 Those parts of Blocks 311 and 312 outside the City of Cairo Blocks 314 and 315 Those parts of Blocks 316, 317, and 319 outside the City of Cairo Blocks 320 through 327, 333 through 350, and 352 through 363 That part of Block 364 outside the City of Cairo

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JOURNAL OF THE SENATE

Block 371 Block Groups 4 and 5
Education District No. 4
Grady Tract 9902 That part of Block 324 within the City of Cairo Blocks 526 through 567 Tract 9903 Block Groups 1 and 2 Those parts of Blocks 404 and 405 within the City of Cairo Tract 9904 That portion of Block 205 west of Mill Creek Blocks 206 through 210 That part of Block 319 within the City of Cairo
Education District No. 5
Grady Tract 9901 Those parts of Blocks 264 through 266 within the City of Cairo Blocks 306 through 317 and 319 through 356 Block Group 4 Tract 9904 Blocks 101 through 120 That part of Block 121 within the City of Cairo Blocks 122 through 179 That part of Block 180 within the City of Cairo Blocks 181 and 182 That part of Block 183 within the City of Cairo Block 184 Blocks 201 through 204 That portion of Block 205 east of Mill Creek Blocks 211 through 228 Those parts of Blocks 311, 312, 316, 317, and 364 within the City of Cairo"
Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The members elected from Education Districts 2 and 5 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1, 1985, and ending

MONDAY, FEBRUARY 20, 1984

1741

December 31, 1986. The members elected from Education Districts 1, 3, and 4 shall be elected at the general election of 1984 and each member shall serve for a term of office beginning January 1, 1985, and ending December 31, 1988. Thereafter successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall each serve for terms of office of four years beginning on the first day of January immediately following election and until their successors are elected and qualified. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(b) The persons elected to serve as members of the previous board of education from Education District No. 4 (Spence, Blowing Cave, and Lime Sink election districts) and Education District No. 5 (Duncanville and Pine Park election districts) shall continue to serve until the expira tion of their respective terms of office, at which time their positions on the board shall stand abolished. In the event either member shall fail to finish his respective term of office due to resignation or for any other reason, the position he holds on the board shall cease to exist as of the date of his resignation or end of service."
Section 3. 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, was agreed to by substitute.

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 Trulock of the 10th moved that HB 1487 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1487 was immediately transmitted to the House.

HB 1499. By Representative Ramsey of the 3rd: A bill to create the board of elections of Murray County.

1742

JOURNAL OF THE SENATE

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1499:
A BILL
To be entitled an Act to create the board of elections of Murray County; to provide for the appointment, terms, and qualifications of mem bers; to authorize the county governing authority to reject appointments; to provide for resignation and removal of members; to provide for filling vacan cies; to provide the powers and duties of the board; to relieve the county election superintendent from certain responsibilities; to provide for a chair man and the powers and duties of the chairman; to provide for the compen sation of members; to provide for offices and personnel for 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. There is created the Board of Elections of Murray County which shall have jurisdiction over the conduct of primaries and elections in Murray County.
Section 2. The board shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be ap pointed by the judge of the Superior Court of Murray County. The county governing authority is authorized to reject any such appointments, but if not rejected by the county governing authority within 15 days after such ap pointment is made, the appointment shall be final. The members of the board shall serve for terms of office of four years and until their successors are duly appointed and qualified. The members of the board shall elect a chairman from the membership of the board.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
Section 4. The appointment of each member shall be made by the judge of the superior court filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such ap pointed member to the county governing authority of such county. If such appointment is not rejected, the clerk shall certify the name of such ap pointed members to the Secretary of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board shall be eligible to succeed him self and shall have the right to resign at any time by giving written notice of his resignation to the judge of the superior court, the county governing au thority, and to the clerk of the superior court and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or

MONDAY, FEBRUARY 20, 1984

1743

otherwise, the judge of the superior court shall appoint a successor to serve the remainder of the unexpired term subject to rejection by the county gov erning authority as provided for regular appointments. The clerk of the su perior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. The first members of the board under this Act shall take office on July 1, 1984. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 8. The board shall, with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the election superinten dent pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated.
Section 9. The board or chairman shall be responsible for the selec tion, appointment, and training of poll workers in elections.
Section 10. Upon the effective date of this Act, the election superin tendent shall be delivered from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 11. The chairman of the board of elections shall be the chief executive officer of the board and shall generally supervise, direct, and con trol the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish directives governing the execution of matters within its jurisdiction by appropriate res olutions entered on its minutes.
Section 12. Compensation for the members of the board, clerical as sistants, and other employees shall be such as may be fixed by the county governing authority. Said compensation shall be paid wholly from county funds.
Section 13. The governing authority shall provide the board with such proper and suitable offices and with such clerical assistants and other em ployees as the governing authority shall deem appropriate.
Section 14. The words "election," "elector," "political party," "pri mary," "public office," "special election," and "special primary" shall have the same meaning as provided in Code Section 21-2-2 of the Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

1744

JOURNAL OF THE SENATE

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

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

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

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

Those not answering were Senators:

Brannon Dawkins Dean

Fincher Harris Holloway

Phillips Scott of 36th Trulock

Senator Turner of the 8th introduced the chaplain of the day, Reverend Robert Nick Bennett, pastor of Lee Baptist Church, Valdosta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 428. By Senator Horton of the 17th:
A resolution commending David Turner and Ms. Rebecca Rummel as STAR student and STAR teacher for Henry County High School.

MONDAY, FEBRUARY 20, 1984

1745

SR 429. By Senator Horton of the 17th:
A resolution commending Jennifer Powers and Mrs. Beverly Powers as STAR student and STAR teacher for Stockbridge High School.
SR 430. By Senator Horton of the 17th:
A resolution commending Chris Morgan and Mr. William Wyke as STAR student and STAR teacher for Meadow Creek Academy.
SR 433. By Senator Gillis of the 20th:
A resolution commending Mr. Wendell Brinson.
SR 436. By Senators Tysinger of the 41st, Scott of the 43rd, Stumbaugh of the 55th and Burton of the 5th:
A resolution recognizing September 17 through 23, 1984, as DeKalb Com munity College Week.
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 17, 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 February 13, 1984, as of 3:00 P.M. this date. The list is numbered 537 through 543.
With best wishes, I am
Sincerely,
/s/ Max Cleland
Attachment:
Received by /s/ Hamilton McWhorter, Jr.

1746

JOURNAL OF THE SENATE

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 537 through 543, who have registered in the Docket of Legisla tive Appearance as of February 17, 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 17th day of February, 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.
/&/ Max Cleland Secretary of State.
537. Rev. Afua Boama Osun African Temple 274 Candler Road Atlanta, Georgia 30317 (404) 284-2455
538. Jim Parkman Business Council of Ga. 575 N. Omni International Atlanta, Georgia 30335 (404) 223-2275
539. Kathy Southern SELF 2112 Aldah Drive Tucker, Georgia 30084 (404) 939-8931
540. Joseph C. Morecraft, III Chalcedon Presbyterian Church P.O. Box 888022 Dunwoody, Georgia 30338 (404) 452-8205
541. Gerald N. Brunson Merck Sharp and Dohme 4940 Windhaven Court Atlanta, Georgia 30338 (404) 765-1700
542. John L. Erickson Ford Motor Company 233 Peachtree St., N.E. Atlanta, Georgia 30303 (404) 659-0303
543. Allan R. Roffman Federal Land Bank of Columbia 126 E. Washington Street Madison, Georgia 30652 (404) 342-3566

MONDAY, FEBRUARY 20, 1984

1747

SENATE RULES CALENDAR
Monday, February 20, 1984
THIRTY-FIFTH LEGISLATIVE DAY
HB 618 Local Fire Departments--provide for legislative intent (Pub Saf-- llth)
HB 520 Post-Mortem Examination Act--medical examiner consider coro ner's opinion for autopsy (Hum R--25th)
HB 1070 Deceased or Missing Person--collection of information to assist in identification (Judy--1st)
HB 1133 Dietitians, Dietetic Counselors--licensing regulations (Hum R--25th)
HR 588 Graysville--conveyance of certain state-owned property (Pub U--54th)
HB 143 Teachers' Retirement--creditable service for half-time teachers (Ret--8th)
HB 1171 Employment Security Law--extend exclusion of aliens on agricul tural coverage (I&L--19th)
HB 1260 Residential Finance Authority--compensation payable to public members (AMENDMENT) (ED&T--46th)
HB 1107 Revenue Bond Advisory Commission--create (ED&T-- 46th)
HB 1293 Boxing Commission--transfer to Secretary of State for administra tive purposes (ED&T--46th)
HR 642 Emanuel County--convey property to Swainsboro (Pub U --21st)
HB 285 Urban Residential Finance Authority--compensation of members of board (FS&CA-G--43rd)
HB 1223 Western Judicial Circuit Superior Court Judges--compensation (Judy--46th)
HR 541 State Property Conveyance to Bibb County--release from certain terms (Pub U--27th)
HB 938 City Vote Tabulating Machines--inspection by Secretary of State (Gov Op--25th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

1748

JOURNAL OF THE SENATE

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

HB 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.
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 Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Dean English Engram

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

Those voting in the negative were Senators:

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

Brown of 47th

Deal

Peevy

MONDAY, FEBRUARY 20, 1984

1749

Those not voting were Senators:

Brannon Coggin

Greene Hill

Walker

On the passage of the bill, the yeas were 48, nays 3.
The bill, having received the requisite constitutional majority, was passed.
The following local bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on SB 470 was as follows:
The Committee of Conference on SB 470 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 470 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Glenn E. Bryant Senator, 3rd District
/s/ Riley Reddish Senator, 6th District
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dean G. Auten Representative, 156th District
/s/ Norman S. McVeigh Representative, 155th District
/s/ Gerald E. Greene Representative, 130th District

Conference Committee substitute to SB 470:

A BILL
To be entitled an Act to amend an Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, approved

1750

JOURNAL OF THE SENATE

March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the chief deputy clerk and deputy clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act placing the clerk of the superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, is amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a
new paragraph (2) to read as follows:

"(2) (A) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts:

Chief deputy .......................... $16,050.00 to $21,125.00
Office deputy supervisor............................. 10,852.00 to 14,370.00
One courtroom deputy criminal case coordinator ............................ 9,600.00 to 12,900.00
One courtroom deputy civil case coordinator ............................ 9,600.00 to 12,900.00
Six deputy clerks ......................... 8,800.00 to 11,500.00

(B) Effective July 1, 1985, the salaries of such personnel and their maximum salaries may be increased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living increase granted to employees of the Glynn County governing authority. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County."

Section 2. This Act shall become effective on July 1, 1984.

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

Senator Bryant of the 3rd moved that the Senate adopt the Conference Committee report on SB 470.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 470.

MONDAY, FEBRUARY 20, 1984

1751

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Fincher of the 54th moved that the Senate insist upon the Senate substi tute to HB 1236.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1236.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Deal of the 49th offered the following amendment:

Amend HB 520 by adding on line 14 of Page 1 following the word and punctuation "inquests;" the following:
"to provide for appeals from verdicts of coroners' juries;".
By renumbering Sections 7, 8, and 9 as Sections 8, 9, and 10, respectively.
By adding a new Section 7 to read as follows:
"Section 7. Said article is further amended by adding a new Code Section 45-16-42.1 immediately following Code Section 45-16-42 to read as follows:
'45-16-42.1. The verdict of a coroner's jury may be appealed to the superior court in the same manner in which appeals are authorized in civil cases tried and determined by a county judge or magistrate court.

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JOURNAL OF THE SENATE

These appeals may be entered or defended by any person related to the deceased person as spouse, child, parent, brother or sister, or grandpar ent, or by the peace officer in charge, the coroner, or medical examiner involved in the proceeding. Any coroner's verdict present or past may be appealed as set forth herein.'"

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 Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

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

Those not voting were Senators:

Bond Brannon Bryant

Garner Greene Howard

McKenzie Reddish 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.

MONDAY, FEBRUARY 20, 1984

1753

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.

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

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

Those voting in the affirmative were Senators:

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

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

Lester 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:

Brannon Brantley

Howard McGill

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

1754

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 1150 and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1150.

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

Senators Deal of the 49th, Barnes of the 33rd and Hine of the 52nd.

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

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.
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 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

MONDAY, FEBRUARY 20, 1984

1755

Hudgins Huggins Kennedy Kidd Land Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh
T1 oa f1aC
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon

Coleman

McGill

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

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

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

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 House amendment was as follows:

Amend SB 259 by striking from line 18 of Page 1 the following: "January 1, 1982",
and inserting in lieu thereof the following: "July 1, 1984".

Senator Scott of the 43rd moved that the Senate agree to the House amendment to SB 259.

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

1756

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bwen orantleyr ,,, u Brown of 47th BBuryrtaonnt
Coggin Coleman Coverdell Deal Dean English

Engram Fincher Garner Harrison Hine Holloway Horton HHuogwgairnds
Kennedy Kidd Land Lester McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd <j t ^Stumb. augh,
late Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators Dawkins and Tysinger.

Those not voting were Senators:

Brannon Broun of 46th Cobb Foster

Gillis Greene Harris

Hill Hudgins McGill

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 259.

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

SB 106. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide that any person engaged in the act of hunting who injures or kills any other person shall be liable for such injury or death.

The House substitute to SB 106 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting license or permit denial, so as to establish legislative intent and provide administrative penalties for

MONDAY, FEBRUARY 20, 1984

1757

persons who negligently injure or kill another person or persons while en gaged in hunting; to define criminal activity and penalties therefor relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 27 of the Official Code of Georgia An notated, relating to hunting license or permit denial, is amended by inserting after Code Section 27-2-25 a new Code Section 27-2-25.1 to read as follows;
"27-2-25.1. (a) The General Assembly has heretofore found and de clared that hunting is a privilege to be exercised only in accordance with the law granting such privilege. The General Assembly now specifically finds and declares that while the act of hunting is an enjoyable and bene ficial form of recreation, it can be dangerous not only to the hunter him self but also to other persons if due care is not exercised. Therefore, the General Assembly declares that all persons who refuse or fail to exercise such due care shall have their hunting licenses suspended as provided in this Code section.
(b) Any person engaged in the act of hunting who by the use of a weapon kills or injures another person or persons, whether or not such other person or persons are likewise engaged in the act of hunting, shall notify the department or any appropriate law enforcement officer who shall then notify the department immediately after such occurrence. Any person who fails so to notify the department or such law enforcement officer shall be guilty of a misdemeanor.
(c) Upon notification of such a death or injury, whether by the hunter or by some other person, the department shall immediately initi ate an investigation of such incident and submit a report to the commis sioner. If the commissioner determines probable negligence on the part of the person causing the death or injury he shall initiate an administrative hearing before an administrative law judge (appointed by the board for a determination as to the issue of negligence and the extent of injury).
(d) Upon the issuance of the notice of hearing, the administrative law judge shall also issue an order suspending such person's hunting li cense until the final decision of the board. Upon receipt of such order, such person shall immediately surrender his or her hunting license to the department. If, following the administrative hearing, there is a determi nation that such person was negligent and that such negligence was the proximate cause of the death or injury, the hunting license of such person may be suspended for a period of up to ten years and the negligent hunter shall be ordered to take a course of instruction in competency and safety in hunting and in the handling of weapons provided for in Code Section 27-2-5. The period of time that such license is suspended shall be commensurate with the degree of negligence and the severity of the in jury. The provisions of Code Section 27-2-27 shall not be applicable to a suspension under this Code section.
(e) Any person whose hunting license or permit has been suspended under this Code section and who engaged in the act of hunting during such period of suspension shall be guilty of a misdemeanor of a high and

1758

JOURNAL OF THE SENATE

aggravated nature and shall be punishable by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months, or both.
(f) As used in this Code section, the term:
(1) 'License' means any and all licenses, permits, or stamps as re quired by law for hunting in this state.
(2) 'Suspend' means the suspension or revocation of any existing li cense or permit and the suspension or revocation of the privilege of ob taining any new license or permit.
(g) The initial hearing before an administrative law judge appointed by the Board of Natural Resources and any judicial review shall be con ducted in accordance with Chapter 13 of Title 50 and applicable rules and regulations of the board.
(h) The proceedings provided for by this Code section shall be in addition to and not in lieu of any civil or criminal actions or actions provided for by law and the final decision of this proceeding shall not constitute res judicata as to any such civil or criminal action or actions and shall not be admissible as evidence in any such civil or criminal ac tion or actions."
Section 2. 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 Timmons of the 11 th moved that the Senate agree to the House substitute to SB 106.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine
Holloway Horton Howard Hudgins Huggins

Kennedy Kidd Land Lester McKenzie Peevy Perry Phillips Reddish Scott of 2nd
Scott of 36th Scott of 43rd Starr Stumbaugh Tate

MONDAY, FEBRUARY 20, 1984

1759

Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Coverdell Gillis

McGill

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 106.

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

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.

The House amendment was as follows:

Amend the Senate substitute to HB 152 by striking on line 29 of Page 2 the following:
"principal wage earner",
and inserting in its place the following:
"parent who is the principal wage earner, as defined in 45 C.F.R. 233.100".

Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to the Senate substitute to HB 152.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean Engram Fincher Foster Garner

1760

JOURNAL OF THE SENATE

Greene Harris Harrison Hill Hine Horton
Hudgins Huggins Kennedy

Kidd Land Lester McKenzie Peevy Perry
Phillips Reddish Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Brannon
English Gillis

Holloway
Howard McGill

Tate Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute HB 152.

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

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

The House substitute to SB 101 was as follows:

A BILL
To be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change the number of days which must expire prior to a motor vehicle being deemed abandoned; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA.
Section 1. Chapter 11 of Title 40 of the Official Code of Georgia An notated, relating to abandoned motor vehicles, is amended by striking subparagraph (B) of paragraph (1) of Code Section 40-11-J, relating to defini tions generally, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it

1761
,,
ot code S *> ;itetv and

Section 4A. AMll repealed.
f the 35th moved that Senator Coggm of the to SB 101.

to the House substitute Senate agree

On the motion, a rou S

Mlgood
Barker Barnes
Bond Bowen Brantley Broun of 46th Brown of 47th
Bryant Burton Coggin Coverdeli
Dawkins
Deal Dean English

Engram Fincher
Foster Greene Harris Harrison
Hill Hine Holloway
Horton Huggins
Kennedy
Kidd Land Lester

were Senators: Those not voting

Brannon Cobb

Coleman Garner

Peevy Perry PhiHips Reddish Scott of Scott ot 3btn
Scott of 43rd
Stumbaugh Thompson Trulock Turner
TWysamlkgeerr
Howard

1762 MHucdGgiilnl s

JOURNAL OF THE SENATE

Tate

Timmons

agreeOdntothtehemHotoiounse, sthuebsytietaustewteoreSB46,10n1a.ys 0; the motion prevailed, and the Senate HousTe haectfioolnlowthienrgeobni:ll of the House was taken up for the purpose of considering the

HB 946. 9B4ythR: epresentatives Buck of the 95th, Hirsch of the 96th and Bishop of the 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 citosuonftythheavminaggijsutrriastdeicctoiounrt,otfhethecamseastthearl.l be transferred to any court in the
to HBSen94a6toranGdretehnaet oafCthoenf2e6rtehncmeoCveodmtmhaitttetehebeSeanpaptoeinatdehde.re to the Senate substitute
adherOedn ttohethme oStieonna,tethseubysetaistuwteerteo 3H7B, n9a4y6s. 0; the motion prevailed, and the Senate
followTihneg:President appointed as a Conference Committee on the part of the Senate the
Senators Greene of the 26th, Peevy of the 48th and Deal of the 49th. The following resolution of the Senate was read and adopted:
SR 435. By Senator Foster of the 50th: A resolution recognizing the Rabun County High School Band.
BandSteonatthoer SFeonsateter.of the 50th introduced members of the Rabun County High School
tee, wTahse rfeoaldlowthinegthgierndertaiml ereasonldutpiount oufpothneitHs oaudsoep, tfioanv:orably reported by the commit
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. Senate Sponsor: Senator Fincher of the 54th.

1763 MONDAY, FEBRUARY 20, 1984

tion, was agreed to.

follows: Those voting in the affirmative were Senators:

Allgood Barker Barnes 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 Huggins
Kennedy
Kidd Lester

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

Those not voting were Senators:

Bond
Bowen Brannon

Howard Hudgins
Land

McKenzie
Perry Tate

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

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

The following bill of the House was taken up for the purpose of considering the
House action thereon:
HB 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-

1764

JOURNAL OF THE SENATE

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 940.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 940.

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 1594. By Representative Selman of the 32nd:
A bill to amend an Act establishing the charter of the City of Palmetto, so as to change the term of office of the mayor and councilmen.

HB 1619. 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 number of county commissioners.

HB 1635. By Representative Karrh of the 109th:
A bill to provide for a chief magistrate and a magistrate of the Magistrate Court of Candler County.

HB 1636. By Representative Karrh of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the composition of the seven single-member election districts.

HB 1638. By Representative Mostiler of the 75th:
A bill to amend an Act abolishing the fee system as the mode of compensa tion of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.

MONDAY, FEBRUARY 20, 1984

1765

HB 1639. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to extend the jurisdiction and powers of the board of utilities commissioners of Catoosa County.

HB 1640. By Representative Bray of the 91st:
A bill to amend an Act providing a new charter for the City of Talbotton, so as to completely revise the charter of the city and provide a new charter for said city.

HB 1641. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

HB 1642. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the compensation of the judge and solicitor of said court.

HB 1643. By Representative Ross of the 82nd: A bill to provide a new charter for the City of Lincolnton.

HB 1644. By Representative Ross of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the compensation of the members of the board of commissioners other than the chairman.

HB 1645. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Wilkes County.

HB 1646. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Warren County.

HB 1647. By Representative Ross of the 82nd:
A bill to abolish the office of treasurer of Warren County; to provide for county depositories.

1766

JOURNAL OF THE SENATE

HB 1650. By Representatives Waddle of the 113th and Watson of the 114th: A bill to create the Houston County Water and Sewer Study Commission.

HB 1652. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Lamar County.

HB 1653. By Representative Ross of the 82nd:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the boundaries of the commissioner districts.

HB 1654. By Representatives Isakson of the 21st, Thompson and Cooper of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

HB 1655. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Butts County.

HB 1656. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to change the composition of the board of commissioners.

HB 1657. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to provide for the election of members of the board of education of Turner County.

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

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.
Senate Sponsor: Senator Turner of the 8th.

MONDAY, FEBRUARY 20, 1984

1767

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 Rudolph Johnson, Chairman

House Retirement 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 143 Substitute (LC 7 5609S) Teachers' Retirement System

This Bill would provide that no person becoming an employee of the Georgia Association of Educators, Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984 shall become eligi ble for membership in the Teachers' Retirement System unless the person is
also a teacher. The Bill would also change the provisions relative to allow ance on service retirement and the calculation of average compensation for
TRS members.

The actuary for TRS has stated that the provision limiting future mem bers would have no impact on the System since there is no allowance for future members in the actuarial assumptions. Regarding the provision con
cerning allowances on service retirement and the calculation of average compensation, the actuary for TRS has stated that the System would expe rience some reduction in liability but that sufficient information on actual
calculations of allowances is not available to provide an accurate dollar
amount of savings.

/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 Brantley

1768
Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Foster

JOURNAL OF THE SENATE

Garner Gillis
Greene Harris
Hill Hine Holloway Hudgins
Huggins
Kennedy Kidd Land
Lester McGill

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

Those not voting were Senators:

Brannon
Fincher Harrison

Horton
Howard McKenzie

Perry Tate

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

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

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.
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

Brantley
Broun of 46th Brown of 47th Bryant Burton

Coggin
Coverdell Dawkins Deal Dean

MONDAY, FEBRUARY 20, 1984

1769

English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Lester McGill Peevy 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 Cobb Coleman

Fincher Land McKenzie

Perry Timmons

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

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

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.
Senate Sponsor: Senator Broun of the 46th.

The Economic Development and Tourism Committee offered the following amendment:
Amend HB 1260 by striking from line 2 of Page 2 the following word:
"actual", and inserting in lieu thereof the following:
"mileage".

On the adoption of the amendment, the yeas were 6, nays 26, and the amendment was lost.

Senator Trulock of the 10th moved that the Senate reconsider its action in defeat ing the amendment offered by the Senate Committee on Economic Development and
Tourism.

1770

JOURNAL OF THE SENATE

On the motion, 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:

Bond Brantley Burton Cobb Coverdell Dawkins Deal Foster

Garner Greene Harris Harrison Hill Holloway Hudgins

Land Peevy Phillips Scott of 43rd Starr Stumbaugh Trulock

Those voting in the negative were Senators:

Allgood Barker Barnes Broun of 46th Brown of 47th Bryant Coggin Coleman Dean

English Engram Gillis Hine Horton Huggins Kennedy Kidd Lester

McGill McKenzie Reddish Scott of 2nd Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Fincher

Howard Perry

Scott of 36th Timmons

On the motion, the yeas were 22, nays 27; the motion was lost, and the committee amendment was not reconsidered.

Senator Deal of the 49th offered the following amendment:

Amend HB 1260 by striking on line 24 of Page 3 through line 14 of
Page 4 and by renumbering Section 6 as Section 5 on line 15, Page 4, and by renumbering Section 7 as Section 6 on Page 4.

On the adoption of the amendment, the yeas were 36, nays 5, 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.

MONDAY, FEBRUARY 20, 1984

1771

On the passage of 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 Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Hill

Deal

Land

Garner

Stumbaugh Trulock

Those not voting were Senators:

Brannon Howard

Perry

Scott of 36th

On the passage of the bill, the yeas were 45, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following bill of the House was taken up for the purpose of considering the Conference Committee report 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-

1772

JOURNAL OF THE SENATE

less such auctioneer is licensed as a real estate broker, associate broker, or salesperson.

The Conference Committee report on HB 884 was as follows:
The Committee of Conference on HB 884 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 884 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ James R. Walker Senator, 19th District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Kyle T. Cobb Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ Thomas Caldwell Representative, 16th District
/s/ E. Roy Lambert Representative, 66th District

Conference Committee 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

MONDAY, FEBRUARY 20, 1984

1773

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 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 as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he has been auctioning real property 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 4es3t.a"te broker, associate broker, or salesperson under Chapter 40 of Title
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 Walker of the 19th moved that the Senate adopt the Conference Commit tee report on HB 884.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Deal Dean English Engram Fincher

1774
Foster Garner Greene HITM_IaJaUrrnr !sson Holloway Horton Muggins

JOURNAL OF THE SENATE

Kidd McGill Peevy
P_Rheidl.ld.iip:s,sh Scott of 2nd Scott of 43rd Starr

Stumbaugh Tate Thompson
_TTirmul,mocok,ns Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Bowen Brannon Dawkins Gillis

Howard Hudgins Kennedy (presiding) Land

Lester McKenzie Perry Scott of 36th

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 884.

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

HB 1594. By Representative Selman of the 32nd:
A bill to amend an Act establishing the charter of the City of Palmetto, so as to change the term of office of the mayor and councilmen.
Referred to Committee on Federal, State and Community Affairs.

HB 1619. 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 number of county commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1635. By Representative Karrh of the 109th:
A bill to provide for a chief magistrate and a magistrate of the Magistrate Court of Candler County.
Referred to Committee on Federal, State and Community Affairs.

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HB 1636. By Representative Karrh of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the composition of the seven single-member election districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1638. By Representative Mostiler of the 75th:
A bill to amend an Act abolishing the fee system as the mode of compensa tion of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.
Referred to Committee on Federal, State and Community Affairs.

HB 1639. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to extend the jurisdiction and powers of the board of utilities commissioners of Catoosa County.
Referred to Committee on Federal, State and Community Affairs.

HB 1640. By Representative Bray of the 91st:
A bill to amend an Act providing a new charter for the City of Talbotton, so as to completely revise the charter of the city and provide a new charter for said city.
Referred to Committee on Federal, State and Community Affairs.

HB 1641. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.
Referred to Committee on Federal, State and Community Affairs.

HB 1642. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on Federal, State and Community Affairs.

HB 1643. By Representative Ross of the 82nd: A bill to provide a new charter for the City of Lincolnton.
Referred to Committee on Federal, State and Community Affairs.

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HB 1644. By Representative Ross of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the compensation of the members of the board of commissioners other than the chairman.
Referred to Committee on Federal, State and Community Affairs.

HB 1645. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Wilkes County.
Referred to Committee on Federal, State and Community Affairs.

HB 1646. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Warren County.
Referred to Committee on Federal, State and Community Affairs.

HB 1647. By Representative Ross of the 82nd:
A bill to abolish the office of treasurer of Warren County; to provide for county depositories.
Referred to Committee on Federal, State and Community Affairs.

HB 1650. By Representatives Waddle of the 113th and Watson of the 114th: A bill to create the Houston County Water and Sewer Study Commission.
Referred to Committee on Federal, State and Community Affairs.

HB 1652. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Lamar County.
Referred to Committee on Federal, State and Community Affairs.

HB 1653. By Representative Ross of the 82nd:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the boundaries of the commissioner districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1654. By Representatives Isakson of the 21st, Thompson of the 20th, Cooper of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.
Referred to Committee on Federal, State and Community Affairs.

MONDAY, FEBRUARY 20, 1984

1777

HB 1655. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Butts County.
Referred to Committee on Federal, State and Community Affairs.

HB 1656. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to change the composition of the board of commissioners. Referred to Committee on Federal, State and Community Affairs.

HB 1657. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to provide for the election of members of the board of education of Turner County. Referred to Committee on Federal, State and Community Affairs.

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 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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Deal Engram Foster Garner Harris Harrison Hill Hine

Holloway Horton Hudgins Huggins Kidd McGill Peevy Phillips Reddish Scott of 2nd Scott of 43rd

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Starr Stumbaugh Tate

JOURNAL OF THE SENATE

Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Brannon
Dawkins Dean English Fincher

Gillis
Greene Howard Kennedy (presiding) Land

Lester McKenzie
Perry Scott of 36th

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Broun of the 46th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton

Hudgins Huggins Kidd Land McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh

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Tate Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Dawkins

Gillis Howard Kennedy (presiding) Lester

Perry Scott of 36th Thompson

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

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.
Senate Sponsor: Senator English of the 21st.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

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

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Those not voting were Senators:

Barnes Bowen Brannon Dawkins

Gillis Howard Kennedy (presiding) Lester

Perry Scott of 36th Thompson

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Scott of the 43rd.
Senator Scott of the 43rd offered the following amendment:

Amend HB 285 by deleting "or" on line 1 of Page 3.
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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin

Coleman Coverdell Dean English Engram Fincher Foster Greene Harris Harrison Hine Holloway

Horton Howard Huggins Kidd Land McGill McKenzie Peevy Reddish Scott of 2nd Scott of 43rd Starr

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Stumbaugh Tate

Timmons Turner

Tysinger Walker

Those voting in the negative were Senators:

Deal Garner

Hill Phillips

Thompson Trulock

Those not voting were Senators:

Brannon Dawkins Gillis

Hudgins Kennedy (presiding) Lester

Perry Scott of 36th

On the passage of the bill, the yeas were 42, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 333 was as follows:
A BILL
To be entitled an Act 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 declara tions; to provide for powers and duties of the commission; to change the membership, manner of selection, and other matters relative to the board; to provide for compensation for members of the board; to change the date on which the commission shall be terminated; 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 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on State Growth Policy, is amended by striking in its entirety subsection (a) of Code Section

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50-12-131, relating to legislative findings and declarations, which reads as follows:
"(a) The General Assembly finds and declares that there is a need for an official body to:
(1) Advise the executive and legislative branches of state govern ment on the roles of state and local governments in the provision of or derly growth and development in our state;
(2) Study problems and recommend solutions concerning intergov ernmental aspects of governmental structure, finance, functions, and rela tionships at the local, regional, state, and interstate levels;
(3) Establish a regular system of reporting to state and local public officials on the progress of Georgia and its political subdivisions toward meeting their intergovernmental responsibilities;
(4) Encourage and recommend methods of effective and efficient de livery of services where necessary and economically feasible at the state and local levels through services integration and combination of comple mentary services delivery functions; and
(5) Advise the executive and legislative branches of state govern ment and other interested parties on intergovernmental relations.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The General Assembly finds and declares that there is a need for an official body to:
(1) Examine the growth and development that is taking place within the State of Georgia to determine its impact on the natural and human resources of our state;
(2) Examine policies that exist at the state and local level that pro mote or inhibit the growth and development of the state;
(3) Catalog and review the incentives that exist at the state and local level to promote or direct growth and development;
(4) Examine policies of the federal government that impact the growth and development of the State of Georgia;
(5) Examine what other states are doing with respect to growth and development in order to ascertain our competitive position;
(6) Examine the types of development that are likely to take place in the future in Georgia and determine their potential impact;
(7) Examine ways in which the state can assist localities in the fur therance of their economic development goals and objectives; and
(8) Examine the status of intergovernmental relations within the State of Georgia to determine whether the policies of the various levels of government are in conflict and, if so, to make recommendations."

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1783

Section 2. Said article is further amended by striking in its entirety Code Section 50-12-132, relating to the commission, generally, which reads as follows:
"50-12-132. (a) There is created a Georgia Commission on State Growth Policy. The commission shall be assigned to the Department of Community Affairs for administrative purposes. The commission shall be composed of 15 members as follows: three members of the Senate ap pointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House of Representa tives; and nine members appointed by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials.
(b) Members of the General Assembly shall be appointed to terms which correspond to their terms of office. Members appointed by the Governor shall be appointed to two-year terms.
(c) If a representative of the counties or of the cities or a legislator ceases to be an officer or a member of the unit he is appointed to re present, his membership on the commission shall terminate immediately and there will be a vacancy in the membership. Within 30 days, such vacancy shall be filled in the manner of the regular appointment; and the person so appointed shall serve only to the end of the unexpired term and until his successor is appointed and qualified. All members may be reappointed.
(d) The commission shall elect a chairman and a vice-chairman and such other officers as it may deem necessary. The chairman and the vicechairman shall serve for one year and may be reelected. If both the chairman and the vice-chairman are absent at any meeting, the voting members present shall elect a temporary chairman by a majority vote.
(e) The presiding officers of the General Assembly shall be guided in their appointments by consideration of the legislator's expertise, interest, and experience, including legislative committee service in the field of in tergovernmental relations.
(0 Eight members of the commission shall constitute a quorum.",
and inserting in lieu thereof a new Code Section 50-12-132 to read as follows:
"50-12-132. (a) There is created a Georgia Commission on State Growth Policy. The commission shall be assigned to the Department of Community Affairs for administrative purposes. The commission shall be composed of 19 members as follows: the chairman of the Senate Eco nomic Development and Tourism Committee; the chairman of the House of Representatives Industry Committee; the commissioners of the De partment of Industry and Trade, the Department of Community Affairs, the Department of Natural Resources, the Department of Transporta tion, and the Department of Agriculture; the directors of the Environ mental Protection Division of the Department of Natural Resources, the Office of Planning and Budget, and the State Forestry Commission; and the executive director of the Georgia Development Authority, all of whom shall be ex officio voting members; and eight members appointed

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by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials.
(b) Members of the General Assembly shall be appointed to terms which correpond to their terms of office. Members appointed by the Gov ernor shall be appointed to two-year terms.
(c) If a representative of the counties or of the cities or a legislator ceases to be an officer or a member of the unit he is appointed to re present, his membership on the commission shall terminate immediately and there will be a vacancy in the membership. Within 30 days, such vacancy shall be filled in the manner of the regular appointment; and the person so appointed shall serve only to the end of the unexpired term and until his successor is appointed and qualified. All members may be reappointed.
(d) The Governor shall appoint a chairman and a vice-chairman and such other officers as he may deem necessary. The chairman and vicechairman shall serve for one year and may be reappointed. If both the chairman and the vice-chairman are absent at any meeting, the members present shall elect a temporary chairman by a majority vote.
(e) Ten members of the commission shall constitute a quorum.
(f) Any commission member who is a state employee or a member of another state agency or board will not be compensated by the commis sion for travel or other expenditures for which a per diem or reimburse ment is made by the other state agency or board. The legislative mem bers of the commission shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. All other members of the commission shall be en titled to reimbursement for actual costs incurred in attendance at meet ings of the commission, but such reimbursement shall not exceed $59.00 per day."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 50-12-133, relating to the duties and func tions of the commission, which reads as follows:
"(a) The commission shall:
(1) Serve as a forum for the discussion and study of intergovern mental problems, focusing on intergovernmental relations, growth and development of the state fiscal policies, service delivery, and the relations between urban and rural areas;
(2) Examine proposed and existing federal and state programs, as sess their impact upon the state and its political subdivisions, and provide for such assessments and recommendations, when appropriate, to the General Assembly, the Governor, or any other group, public or private, whose activities affect intergovernmental relations;
(3) Encourage the coordination of studies relating to intergovern mental relations conducted by universities; state, local, and federal agen cies; and research and consulting organizations;

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1785

(4) Issue annual reports of its findings and recommendations to be transmitted to the Governor and the presiding officer of each house of the General Assembly not less than 30 days prior to the convening of each regular session of the General Assembly. Such report shall set forth the reasons and supporting data for each recommendation and shall, if ap propriate, include draft legislation to implement such recommendations;
(5) Issue special or interim reports on special subjects as it may deem appropriate; and
(6) Give careful study to tax equity issues as related to the state and local governments and file a report with the Governor and the General Assembly no later than December 1, 1983.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commission shall:
(1) Serve as the official body to carry out the functions specified in subsection (a) of Code Section 50-12-131;
(2) Encourage the coordination of studies relating to growth and de velopment conducted by universities; state, local, and federal agencies; and research and consulting organizations;
(3) Issue special or interim reports on special studies as it may deem appropriate; and
(4) Issue annual reports of its findings and recommendations to be transmitted to the Governor and the presiding officer of each house of the General Assembly not less than 30 days prior to the convening of each regular session of the General Assembly. Such reports shall set forth the reasons and supporting data for each recommendation and shall, if ap propriate, include draft legislation to implement such recommendations."
Section 4. Said article is further amended by striking in its entirety Code Section 50-12-137, relating to the termination of the Georgia Com mission on State Growth Policy, and inserting in lieu thereof a new Code Section 50-12-137 to read as follows:
"50-12-137. The provisions of this article and the Georgia Commis sion on State Growth Policy shall be continued until June 30, 1985, at which time the commission and this article shall be terminated and stand repealed in their entirety."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 333 as amended by the following amendment:
Amend the House substitute to SB 333 by striking from line 27 of Page 4 the following:
"19",
and inserting in lieu thereof the following: "21".
By adding on line 30 of Page 4 after the word and symbol "Commit tee;" the following:
"the chairman of the Senate Federal, State, and Community Affairs Committee; the chairman of the House of Representatives State Plan ning and Community Affairs Committee;".
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd

Land McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Garner Gillis

Hudgins Kennedy (presiding) Lester Perry

Scott of 36th Tate Thompson

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 333 as amended by the Senate.

MONDAY, FEBRUARY 20, 1984

1787

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 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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

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

English Engram Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land

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

Those not voting were Senators:

Brannon Dawkins Fincher

Gillis Kennedy (presiding) Lester

Perry 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.

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The President resumed the Chair.

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.
Senate Sponsor: Senator Harris of the 27th.

Senator Harris of the 27th offered the following substitute to HR 541:

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; to amend a resolution authorizing and empowering the State of Georgia, acting by and through its State Properties Commis sion, 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, approved March 29, 1983 (Ga. L. 1983, p. 992), so as to strike and repeal certain provisions; and for other purposes.
WHEREAS, the Bibb County Board of Commissioners proposes to construct, on the above-mentioned state property, facilities to house the Bibb County Department of Family and Children Services; and
WHEREAS, the Bibb County Board of Commissioners, its successors and assigns, desires a conveyance from the state in order to construct, oper ate, maintain, and repair said facility; and
WHEREAS, the Bibb County Department of Family and Children Services desires to consolidate its services and provide services to the public within the City of Macon, Bibb County, Georgia; and
WHEREAS, the property is all that tract of land, consisting of approx imately 2.4 acres lying and being in the City of Macon, south of Oglethorpe Street, east of Third Street, west of Broadway, and north of the properties of Moate Produce Company and Stokes & Shaheen Produce Company, and more particularly shown as Parcel "A" on a plat of survey dated December 19, 1980, prepared for the State of Georgia by Tommie M. Donaldson, Jr., of Tribble & Richardson, Inc., Georgia Registered Land Surveyor No. 1617, said plat on file in the office of the State Properties Commission; and
WHEREAS, the conveyance of such real property would be in the pub lic interest, and the State of Georgia is willing to grant and convey the

MONDAY, FEBRUARY 20, 1984

1789

above-described 2.4 acres of property located within the City of Macon, Bibb County, Georgia, to the Bibb County Board of Commissioners, in con sideration of the monetary sum specified herein and upon the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEpRGIA that the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant and convey to the Bibb County Board of Commission ers, its successors and assigns, the above-described 2.4 acres of real property located within the City of Macon, Bibb County, Georgia, for the purpose of constructing a facility for the Bibb County Department of Family and Chil dren Services upon the following conditions:
(1) Construction of the above-mentioned facility shall begin no later than five years from the date of execution of said conveyance between the State of Georgia and the Bibb County Board of Commissioners; and
(2) Payment to the State of Georgia of $10.00.
BE IT FURTHER RESOLVED AND ENACTED that the State of Georgia, acting by and through its State Properties Commission, is author ized and empowered to execute a corrective instrument in accordance with the foregoing paragraph of this resolution so as to release and forever dis charge the Bibb County Board of Commissioners, its successors and assigns, from certain terms and conditions contained in the original resolution au thorizing 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, Geor gia, approved March 29, 1983 (Ga. L. 1983, p. 992).
BE IT FURTHER RESOLVED AND ENACTED that 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, Geor gia, approved March 29, 1983 (Ga. L. 1983, p. 992), is amended by striking therefrom the following:
"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 Ma con, Bibb County, Georgia; and for other purposes.
WHEREAS, the Bibb County Board of Commissioners proposes to construct, on the above-mentioned state property, facilities to house the Bibb County Department of Family and Children Services; and
WHEREAS, the Bibb County Board of Commissioners, its succes sors and assigns, desires a conveyance from the state in order to con struct, operate, maintain, and repair said facility; and
WHEREAS, the Bibb County Department of Family and Children

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Services desires to consolidate its services and provide services to the public within the City of Macon, Bibb County, Georgia; and
WHEREAS, the property is all that tract of land, consisting of ap proximately 2.4 acres lying and being in the City of Macon, south of Oglethorpe Street, east of Third Street, west of Broadway, and north of the properties of Moate Produce Company and Stokes & Shaheen Pro duce Company, and more particularly shown as Parcel 'A' on a plat of survey dated December 19, 1980, prepared for the State of Georgia by Tommie M. Donaldson, Jr., of Tribble & Richardson, Inc., Georgia Reg istered Land Surveyor No. 1617, said plat on file in the office of the State Properties Commission; and
WHEREAS, the conveyance of such real property would be in the public interest, and the State of Georgia is willing to grant and convey the above-described 2.4 acres of property located within the City of Ma con, Bibb County, Georgia, to the Bibb County Board of Commissioners, in consideration of the monetary sum specified herein and upon the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Geor gia, acting by and through its State Properties Commission, is authorized and empowered to grant and convey to the Bibb County Board of Com missioners, its successors and assigns, the above-described 2.4 acres of real property located within the City of Macon, Bibb County, Georgia, for the purpose of constructing, operating, maintaining, and repairing a facility that will be utilized by the Bibb County Department of Family and Children Services, upon the following conditions:
(1) Construction of the above-mentioned facility shall begin no later than five years from the date of execution of said conveyance between the State of Georgia and the Bibb County Board of Commissioners; and
(2) Payment to the State of Georgia of $10.00 and other valuable considerations; and
(3) Such other terms and conditions as the State Properties Com mission shall determine to be in the best interests of the State of Georgia,
BE IT FURTHER RESOLVED AND ENACTED that said real property is conveyed only for the purposes set out above and shall be valid only so long as the Bibb County Board of Commissioners, its suc cessors and assigns, continues to maintain and operate the proposed facil ity to be utilized by the Bibb County Department of Family and Chil dren Services; and, should said proposed facility be permanently abandoned or the use thereof permanently discontinued, said real prop erty shall revert to the State of Georgia."
BE IT FURTHER RESOLVED AND ENACTED that this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
BE IT FURTHER RESOLVED AND ENACTED that 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 35, nays 1, and the substitute was adopted.

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

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
Deal
Dean
English

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

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

Those not voting were Senators:

Bond Brannon Dawkins

Gillis Howard Lester

Perry Scott of 36th Timmons

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

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

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-

1792

JOURNAL OF THE SENATE

tions, so as to provide for the inspection, examination, and certification of tabulating machines by the Secretary of State.
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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal Dean English

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

McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr
T1 natliC*
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Dawkins

Gillis Howard Lester

Perry Scott of 36th Stumbaugh

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

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

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

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-

MONDAY, FEBRUARY 20, 1984

1793

quire the community service officer to consider an offender's work schedule when scheduling community service.
The House amendment was as follows:
Amend the Senate substitute to HB 1101 by adding a new section on Page 4 to be numbered "Section 3", to read as follows:
"Provided, however, no person shall be released on his own recogni zance or approved for said program, without first having the approval, in writing, of the judge of the court having jurisdiction of the case,"
and
by renumbering Section 3 and Section 4 as "Section 4" and "Sec tion 5".
Senator Garner of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 1101.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

Lester McGill McKenzie Peevy Phillips Reddish Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators Engram and Horton. Those not voting were Senators:

Brannon Coverdell Dawkins

Fincher Perry Scott of 2nd

Scott of 36th Tysinger

1794

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1101.

Serving as the doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 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.

TUESDAY, FEBRUARY 21, 1984

1795

Senate Chamber, Atlanta, Georgia Tuesday, February 21, 1984 Thirty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 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 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 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 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-

1796

JOURNAL OF THE SENATE

nel Administration, so as to remove the official of the Department of Human Resources in charge of vocational rehabilitation from the classified service.

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

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 stated owned real property located in Wilcox County to the Wilcox County Board of Commissioners.

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

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 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 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.

The House has disagreed to the Senate amendments to 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.

TUESDAY, FEBRUARY 21, 1984

1797

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.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1236. By Representatives 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.

The Speaker has appointed on the part of the House:

Representatives Parham of the 105th, Cooper of the 20th and Aiken of the 21st.

The House has adopted the following resolution of the House:

HR 800. By Representatives Colwell and Twiggs of the 4th, Ross of the 82nd and others:
A resolution expressing appreciation to the Honorable Jack Powell Green for his dedicated service to the Georgia General Assembly.

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

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 House has adopted, as amended by the House, by the requisite constitutional majority the following resolution of the Senate:

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.

1798

JOURNAL OF THE SENATE

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

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

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 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.

The House has passed, by substitute, by the requisite constitutional majority the following bill 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.

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

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.

TUESDAY, FEBRUARY 21, 1984

1799

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House:
Representatives Bray of the 91st, Holmes of the 28th and Edwards of the 112th.
The House has passed by the requisite constitutional majority the following bills of the Senate:

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 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 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 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.

1800

JOURNAL OF THE SENATE

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 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 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.

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.

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 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.

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.

TUESDAY, FEBRUARY 21, 1984

1801

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

SB 565. By Senator Gillis of the 20th:
A bill to provide that the school superintendent of Toombs County School District shall be appointed by the board of education of Toombs County.
Referred to Committee on Federal, State and Community Affairs.

SR 434. By Senator Dawkins of the 45th: A resolution creating the Senate Textbook Study Committee.
Referred to Committee on Education.

SR 437. By Senator Kidd of the 25th:
A resolution creating the Senate Telephone Communications Policy for Georgia Study Committee.
Referred to Committee on Public Utilities.

SR 439. By Senator Hudgins of the 15th:
A resolution creating the Senate Children and Youth Coordinating Council Study Committee.
Referred to Committee on Rules.

SR 447. By Senators Kennedy of the 4th, Perry of the 7th, Bryant of the 3rd and others:
A resolution to create the Electric Membership Corporation Satellite Televi sion Study Committee. Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1045. HB 1264. HR 182.

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

HR 445. HR 446. HR 447.

Do pass. Do pass. Do pass.

1802

JOURNAL OF THE SENATE

HR 451. Do pass. HR 653. Do pass.
Mr. President:

Respectfully submitted, Senator Starr of the 44th District, Chairman

The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 432. Do pass.

Mr. President:

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

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 442. 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 563. HB 1426. HB 1433. HB 1490. HB 1573. HB 1574. HB 1581. HB 1584. HB 1587. HB 1593.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1595. HB 1596. HB 1605. HB 1608. HB 1609. HB 1610. HB 1612. HB 1613. HB 1614. HB 1616.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

TUESDAY, FEBRUARY 21, 1984

1803

HB 1620. HB 1621. HB 1622. HB 1623. HB 1624.

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

HB 1628. Do pass. HB 1629 Do pass
HB 1631. Do pass as amended. HB 1632' Do Pass-

HB 1625. Do pass.

HB 1519. 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 resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 915. HB 1077. HB 1082. HB 1159. HB 1205.

Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1211. HB 1473. HR 248. HR 706. HR 710.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 891. Do pass. SR 426. Do pass.

SR 427. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol-

1804

JOURNAL OF THE SENATE

lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 890. Do pass as amended. HB 899. Do pass by substitute.

HB 900. 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 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 388. Do pass. HB 1432. Do pass.

HB 1472. Do pass.

Respectfully submitted,

Senator Fincher of the 54th District, Chairman

Mr. President:

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

HB 559. HB 905. HB 1168.

Do pass. Do pass as amended. Do pass.

HB 1216. HB 1328. HR 675.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

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

SR 391. SR 424. HB 817.

Do pass. Do pass. Do pass.

HB 864. Do pass. HR 652. Do pass.

TUESDAY, FEBRUARY 21, 1984

1805

Respectfully submitted, Senator Walker of the 19th District, Chairman

Mr. President:

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

HB 1270. Do pass. HB 1342. Do pass.

HB 1418. Do pass. HB 1442. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary 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 471. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

HB 912. HB 1314. HB 1265. HB 542.

Do pass. Do pass. Do pass. Do pass.

HB 1215. HB 1281. HB 1494. HB 1038.

Do pass. Do pass. Do pass. Do pass as amended.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

1806 Mr. President:

JOURNAL OF THE SENATE

The Committee on Offender Rehabilitation has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1506. 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 of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 1090. Do pass. HB 1191. Do pass.

HB 1416. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

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

SB 559. By Senator McGill of the 24th:
A bill to provide that the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County; to provide for the compensation of the chief magistrate.

SB 560. By Senator McGill of the 24th:
A bill to provide for the Board of Education of Wilkes County; to provide for election districts; to provide for qualifications; to provide for the election of the board of education.

SB 561. By Senator Reddish of the 6th:
A bill to provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older.

TUESDAY, FEBRUARY 21, 1984

1807

SB 562. By Senator Reddish of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, as amended, so as to change the corporate limits of said city.

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.

HB 144. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service; to pro vide for contributions.

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 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.

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.

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.

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'

1808

JOURNAL OF THE SENATE

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 870. By Representative Twiggs of the 4th:
A bill to amend an Act revising the charter of the City of Hiawassee in Towns County, so as to further revise said charter and to provide for all matters relating to the City of Hiawassee in Towns County.

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.

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 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.

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 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 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

TUESDAY, FEBRUARY 21, 1984

1809

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 1206. By Representatives Chance of the 129th, Crosby of the 150th, Dover of the 11th 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 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 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 1294. By Representatives Sizemore of the 136th, Reaves of the 147th, Phillips of the 120th and others:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Anno tated, relating to licensing sanctions under the "Georgia Pesticide Use and Application Act of 1976," so as to provide that conviction of a crime involv ing controlled substances shall be grounds for denial, revocation, or suspen sion of a license.

HB 1312. By Representatives Bailey, Lee and Benefield of the 72nd and others:
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 four the number of judges for the Clayton Judicial Circuit.

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.

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JOURNAL OF THE SENATE

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.

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 1369. By Representative Auten of the 156th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to authorize local boards of education to obtain accident insurance policies to insure school children against bodily injury or death.

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.

HB 1391. By Representatives Thompson of the 20th, Wilson of the 20th, Cooper of the 20th and others:
A bill to be known as the "Cobb Transportation Authority Act"; to create the "Cobb Transportation Authority".

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 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 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.

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HB 1526. By Representatives Cox of the 141st, Manner of the 131st, Royal of the 144th and others:
A bill to authorize the governing authorities of the counties comprising the South Georgia Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the South Georgia Judicial Circuit.

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.

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.

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.

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.

HB 1569. By Representatives Reaves of the 147th, Carter of the 146th and Bostick of the 138th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation, so as to change the mem bership of the authority.

HB 1571. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change the compensation of the chairman of said board.

HB 1572. By Representative Bray of the 91st:
A bill to amend an Act incorporating the Town of Moreland, so as to change the corporate limits.

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HB 1577. By Representatives Porter of the 119th and Coleman of the 118th:

A bill to make provisions for the Magistrate Court of Laurens County.

HB 1582. By Representatives Matthews of the 145th and Royal of the 144th: A bill to make provisions for the Magistrate Court of Colquitt County.

HB 1583. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other mem bers of the board.

HB 1585. By Representative Lambert of the 66th:
A bill to provide for changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate to appoint constables.

HB 1591. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the duties of the chairman.

HB 1592. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to authorize the members of the board to fix their compensa tion up to a maximum limit.

HB 1598. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller County.

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HB 1600. By Representative Phillips of the 120th: A bill to provide a new charter for the City of Soperton.

HB 1601. By Representative Smith of the 152nd: A bill to create the State Court of Bacon County.

HB 1603. By Representative Coleman of the 118th: A bill to make provisions for the Magistrate Court of Dodge County.

HB 1606. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie so as to change provisions relating to the corporate limits of the city.

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 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 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.

HR 644. By Representatives Galer of the 97th and Steinberg of the 46th:
A resolution creating the Joint Part-Time State Employment Study Committee.

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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.

HR 749. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A resolution creating a Joint Committee to Study the Feasibility of Estab lishing a Special Tax District at Atlanta Hartsfield International Airport to Provide Tax Relief to Taxpayers Residing in Surrounding Areas.

HR 759. By Representatives Royal of the 144th, Reaves of the 147th, Godbee of the 110th and others:
A resolution urging support for S. 2148, creating a long-term soil conserva tion program, as introduced by Honorable Sam Nunn.

SB 563. 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; to require candidates to run for certain posts within one dis trict; to provide for terms of office; to provide for the election of the chairman.

SR 388. By Senator Broun of the 46th:
A resolution creating a study committee for a university system eminent scholars endowment trust fund.

SR 391. By Senator Harrison of the 37th:
A resolution creating a study committee on contract percentage retainages by owners and contractors.

SR 424. By Senators Cobb of the 28th and Walker of the 19th: A resolution creating the Cable Television Study Committee.

SR 426. By Senators Kidd of the 25th, Scott of the 43rd and Hudgins of the 15th:
A resolution creating the Senate Study Committee Concerning Federal Ap propriations to Georgia.

SR 427. By Senators Kidd of the 25th, Scott of the 43rd and Hudgins of the 15th:
A resolution creating the Senate Job Training Partnership Act Study Committee.

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SR 432. By Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th:
A resolution urging school board members in Georgia to participate in train ing and developmental activities.

HB 442. By Representative Williams of the 48th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, so as to authorize counties to purchase personal property sold under tax executions under certain conditions.

HB 542. By Representatives Porter of the 119th, Groover of the 99th, Karrh of the 109th and Birdsong of the 104th:
A bill 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 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.

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 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.

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

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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 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.

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.

HB 905. By Representative Richardson of the 52nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to revise the definition of "to practice applied psychology".

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 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.

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 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.

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.

HB 1082. By Representative Childs of the 53rd:
A bill to amend Code Section 21-1-2 of the Official Code of Georgia Anno tated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, so as to authorize the Secretary of State to provide for the preparation of a supply of audio tapes which include the summary of proposed general amendments to the Consti tution together with a list of certain public offices and the names of candi dates seeking to be elected to each office at the November election.

HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Anno tated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.

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 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 1191. By Representatives Mangum of the 57th, Athon of the 57th and Alford of the 57th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriff's, so as to provide that in any county there may be created by local Act of the General Assembly a merit board to hear and

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decide appeals from disciplinary actions against deputies and other employ ees of the sheriff of the county.

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.

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 1215. By Representatives Coleman of the 118th, Buck of the 95th, Ramsey of the 3rd and others:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, so as to provide witness fees for campus policemen.

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 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.

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.

HB 1270. By Representative Dunn of the 73rd:
A bill to amend Code Section 44-3-80 of the Official Code of Georgia Anno tated, relating to the allocation of interests in common elements.

TUESDAY, FEBRUARY 21, 1984

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HB 1281. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, so as to change the terms of court of the Douglas Judicial Circuit.

HB 1314. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs, so as to change the provi sions relative to such compensation.

HB 1328. By Representatives McKinney of the 35th and Clark of the 55th:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Anno tated, relating to refusal or revocation of hospital staff privileges, so as to provide for additional standards for acting upon applications for hospital staff privileges.

HB 1342. By Representatives Bailey, Johnson and Benefield of the 72nd and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession and the procedure upon tenant's refusal, so as to provide that an owner, his agent, his attorney at law, or his attorney in fact may go before the clerk or deputy clerk of either the judge of the superior court or the judge of the state court and make an affidavit under oath setting forth the facts if a tenant holding over refuses or fails to deliver possession when so demanded.

HB 1416. By Representatives Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Code Section 43-1-5 of the Official Code of Georgia Anno tated, relating to investigators for state examining boards and the office of the joint-secretary, so as to repeal the provisions relating to bonds for inves tigators to carry firearms.

HB 1418. By Representative Bishop of the 94th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and munici pal corporations, so as to provide that a copy of any submission made by a county or municipality to the United States Department of Justice pursuant to Section 5 of the Federal Voting Rights Act of 1965 shall be transmitted to the Attorney General.

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.

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JOURNAL OF THE SENATE

HB 1432. By Representatives Logan of the 67th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to change the number of persons who shall be selected as scholarship recipients.

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 1442. By Representatives Dover and Irvin of the llth:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to appointment of judges of courts of municipalities, so as to change the residence requirement for such judges.

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".

HB 1473. By Representatives Dunn of the 73rd and Pettit of the 19th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of wine, so as to change the definition of farm winery.

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.

HB 1494. By Representative Pettit of the 19th:
A bill to amend Code Section 45-15-30 of the Official Code of Georgia An notated, relating to assistant attorneys general, so as to provide that certain representations of criminal defendants by assistant attorneys general shall not constitute conflicts of interest under certain conditions.

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

TUESDAY, FEBRUARY 21, 1984

1821

certain inmate files shall be classified as confidential state secrets and shall be privileged under law.

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 1573. By Representatives Caldwell of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act abolishing the offices of tax receiver and tax collec tor of Floyd County and creating in their place the office of tax commis sioner, so as to provide for periodic increases in the salary of the tax commissioner.

HB 1574. By Representatives Caldwell of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act establishing compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to provide for periodic increases in the salary of the clerk of superior court.

HB 1581. By Representatives Kilgore of the 42nd and Watts of the 41st: A bill to provide a board of elections for Douglas County.

HB 1584. By Representatives Kilgore of the 42nd and Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen.

HB 1587. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the composition of the education districts.

HB 1593. By Representatives Isakson of the 21st, Thompson of the 20th, Wilder of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to increase the number of assistant district attorneys.

HB 1595. By Representatives Thompson of the 20th, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judge of the state court.

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HB 1596. By Representatives Thompson of the 20th, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the probate judge of Cobb County to the salary system, so as to provide for an additional deputy clerk of the Probate Court of Cobb County.

HB 1605. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A bill to amend an Act placing the judge of Probate Court of Clayton County on an annual salary, so as to provide that appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or Supreme Court rather than to the Superior Court of Clayton County.

HB 1608. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act to abolish the fee system for the judge of the Pro bate Court of Union County and providing an annual salary for said officer, so as to change the provisions relative to the compensation and expenses of said officer.

HB 1609. By Representative Barnett of the 10th: A bill to create the Etowah-Forsyth Water Authority.

HB 1610. By Representative Crawford of the 5th: A bill to make provisions for the Magistrate Court of Chattooga County.

HB 1612. By Representative Long of the 142nd: A bill to provide a new charter for the City of Whigham.

HB 1613. By Representative Adams of the 79th:
A bill to provide a new charter for the City of Concord in the County of Pike.

HB 1614. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early County.

HB 1616. By Representative Mostiler of the 75th:
A bill to provide for the imposition, collection, and disposition of costs in the Magistrate Court of Spalding County for the purpose of maintaining the county law library.

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1823

HB 1620. By Representatives Peters of the 2nd, Hays of the 1st and Ramsey of the 3rd:
A bill to provide for an additional homestead exemption of $2,000 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over.

HB 1621. By Representatives Triplett of the 128th, Ginsberg of the 122nd and Hamil ton of the 124th:
A bill to completely revise the laws relative to the governing authority of Chatham County.

HB 1622. By Representatives Dover and Irvin of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County in addi tion to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the board of trustees of the Habersham County Law Library.

HB 1623. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the composition of the Board of Education of Coweta County.

HB 1624. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected; to change the composition of the members of said board.

HB 1625. By Representatives Byrd and Moody of the 153rd: A bill to create the State Court of Jeff Davis County.

HB 1628. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a new charter for the City of Statesboro so as to provide that the recorder of the recorder's court of the City of States boro may reside anywhere within Bulloch County rather than within the City of Statesboro.

HB 1629. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County in lieu of fees, so as to change the provi sions relative to such salary.

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JOURNAL OF THE SENATE

HB 1631. By Representatives Shephard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to amend, change, and redefine the road districts in Coweta County.

HB 1632. By Representative Copelan of the 106th:
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 Putnam County who is age 65 or older and who meets certain income qualifications.

HR 182. By Representative Greer of the 39th:
A resolution compensating Mr. Duane E. Henggeler in the sum of $25,000.00.

HR 248. By Representative Logan of the 67th:
A resolution creating the Structure of Financial Institutions Study Committee.

HR 445. By Representative Randall of the 101st: A resolution compensating Ms. Peggy J. Snow in the sum of $858.75.

HR 446. By Representative Randall of the 101st: A resolution compensating Ms. Frances J. DuVernois in the sum of $564.62.

HR 447. By Representative Randall of the 101st: A resolution compensating J.C. and Lavada Amerson in the sum of $810.00.

HR 451. By Representative Murphy of the 18th: A resolution compensating Mr. Phillip Tracy in the sum of $5,400.00.

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.

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1825

HR 652. By Representatives Ray of the 98th, Moore of the 139th, Brown of the 154th and others:
A resolution urging Congress to amend the Federal Unemployment Tax Act.

HR 653. By Representative Bostick of the 138th: A resolution compensating Grace E. Ahearn in the sum of $6,350.79.

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.

HR 706. By Representatives Triplet! of the 128th, McDonald of the 12th, Burruss of the 20th and others:
A resolution providing for the designation of the "Thomas B. Murphy Ball room" of the Georgia World Congress Center.

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 following local, uncontested bills of the House, favorably reported by the com mittee, were read the third time and put upon their passage:

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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1523. By Representatives Dover of the llth and Irvin of the llth: A bill to create the White County Water and Sewage Authority.

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

TUESDAY, FEBRUARY 21, 1984

1827

On the passage of the bill, the yeas were 52, nays 0.

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

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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1525. By Representative Heard of the 43rd: A bill to create and establish the Peachtree City Airport Authority.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

The report 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.

1828

JOURNAL OF THE SENATE

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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

TUESDAY, FEBRUARY 21, 1984

1829

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1532. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Lumpkin County Water and Sewerage Authority.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1534. By Representatives Bailey, Lee and 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1536. By Representatives Bailey, Lee and 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.

The report 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.

1830

JOURNAL OF THE SENATE

HB 1541. By Representatives Bailey, Lee and 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

TUESDAY, FEBRUARY 21, 1984

1831

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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

1832

JOURNAL OF THE SENATE

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1552. By Representatives 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.

The report 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.

TUESDAY, FEBRUARY 21, 1984

1833

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

HB 1556. By Representatives Twiggs 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1557. By Representatives Twiggs 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1558. By Representatives Twiggs and Colwell of the 4th:
A bill to create the office of commissioner of Towns County as the governing authority of 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 52, nays 0.

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

HB 1559. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an annual salary, so as to change the provisions relating to deputies.

1834

JOURNAL OF THE SENATE

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1560. By Representatives Bailey, Benefield and 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1561. By Representatives Bailey, Holcomb and 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.

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

On the passage of the bill, the yeas were 52, nays 0.

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

HB 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.

The report 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.

TUESDAY, FEBRUARY 21, 1984

1835

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

HB 1259. By Representative Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Murray County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1259:

A BILL
To be entitled an Act to make provisions for the Magistrate Court of Murray County; to specify the number of magistrates for the county; to provide for the method of selection of the magistrates; to provide for the compensation of the magistrates; 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. The number of magistrates authorized for Murray County shall be a chief magistrate and two additional magistrates.
" Section 2. (a) The chief magistrate may reside anywhere within Mur ray County and shall be elected at the 1984 general election and quadrenni ally thereafter in the same manner as county officers are elected. The other magistrates shall likewise be elected in the same manner as county officers at the 1984 general election and quadrennially thereafter but shall be re quired to meet the residency qualifications of this section. One magistrate shall be elected as the magistrate from Post No. 1 and the other shall be elected as the magistrate from Post No. 2. Each of such magistrates shall be elected at large by all the qualified voters of Murray County; but the magis trate from Post No. 1 must be a resident of District No. 1, described as follows, and the magistrate from Post No. 2 must be a resident of District 2, described as follows:
District No. 1
Murray Tract 9901 Tract 9902 Block 301 Tract 9903 Blocks 101 through 123, 136 through 141, 145, and 148 through 150
District No. 2
Murray Tract 9902 Block Group 2 Blocks 302 through 316 Block Group 4 Tract 9903

1836

JOURNAL OF THE SENATE

Blocks 124 through 128, 130 through 135, 151 through 179, and 183 Block Group 2 Blocks 301 through 309 and 311 through 323
(b) For the purposes of this section:
(1) The terms Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as pro vided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Any part of Murray County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 3. The chief magistrate shall receive a minimum annual sal ary as specified by general law and such supplement, if any, as may be fixed by the county governing authority. Each other magistrate shall receive for each day of service in which he is designated to be on duty by the chief magistrate a salary equal to one three hundred and sixty-fifth of the total of the annual salary and supplement, if any, received by the chief magistrate, but the other magistrates shall not receive such compensation for more than ten combined days of service for any month for both magistrates unless the chief magistrate is disabled, in which event the compensation of the other magistrates during that disability shall be as fixed by the chief magistrate and the county governing authority. This section shall not prohibit a magis trate from performing any of the duties of his office on a day in which he is not designated to be on duty by the chief magistrate, but a magistrate shall not receive any compensation for duties so performed.
Section 4. This Act shall become effective January 1, 1985, except that the provisions of this Act necessary for the election of the chief magis trate and other magistrates in 1984 shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

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

On the passage of the bill, the yeas were 52, nays 0.

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

TUESDAY, FEBRUARY 21, 1984

1837

HB 1538. By Representatives Bailey, Lee and 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.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1538:

A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3873), so as to increase the salary of the solicitor of said court; to provide that the solicitor shall not engage in the private practice of law or hold any other public office while serving as solicitor of said court; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Clayton County, ap proved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3873), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Sec tion 6 to read as follows:
"Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $33,600.00 per annum payable in equal monthly install ments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and he shall not engage in the private practice of law in any capacity during his tenure as solicitor of said court and he shall not be eligible to hold any other public office while serving as solicitor of said 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 52, nays 0, and the substitute was adopted.

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

On the passage of the bill, the yeas were 52, nays 0.

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

1838

JOURNAL OF THE SENATE

HB 1562. By Representatives Bailey, Johnson and 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.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1562:

A BILL
To be entitled an Act to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, approved April 19, 1973 (Ga. L. 1973, p. 3701), as amended, particularly by an Act approved March 16, 1981 (Ga. L. 1981, p. 3117), so as to extend the corporate limits of said city; 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 Forest Park in Clayton County and creating a new charter for said city, approved April 19, 1973 (Ga. L. 1973, p. 3701), as amended, particularly by an Act approved March 16, 1981 (Ga. L. 1981, p. 3117), is amended by adding at the end of Section 1.02 the following:
"The corporate limits of the City of Forest Park shall also include the following tracts or parcels of property:
PARCEL 1
All that tract or parcel of land lying and being in Land Lot 209, of the 12th District of Clayton County, Georgia, and being more particu larly described as follows:
BEGINNING at a made corner which is 669.6 feet south and 372 feet south, 89 20' east from the northeast original corner of Land Lot 48; thence continuing south 89 20' east for 217.7 feet to a made corner; thence south 0 51' east a distance of 113.53 feet to a point; thence run ning south 0 36' west for 99.8 feet to a made corner; thence north 89 31' west for 169.9 feet to a made corner; thence south 0 27' west for 100 feet to a made corner; thence north 89 20' west for 50 feet to a made corner; thence north 0 27' east for 314 feet to a made corner and the POINT OF BEGINNING.
PARCEL 2
All that tract or parcel of land located in Land Lots 43 and 44 of the 13th District of Clayton County and described as follows:
BEGINNING at a point on the northwest corner of the western most boundary of the corporate limits of the City of Forest Park, Clayton County, Georgia, thence running south a distance of 50 feet to a point; thence running due west along the southerly line of Land Lot 43 and

TUESDAY, FEBRUARY 21, 1984

1839

Land Lot 44 to a point which is the western right-of-way of Interstate 75 and the John Azar property; thence running north 30 degrees 25 minutes 16 seconds west along said western right-of-way of Interstate 75 a dis tance of 60 feet to a made corner; thence due east to the intersection of the northwest corner of the western most boundary of the corporate lim its of the City of Forest Park and the true POINT OF BEGINNING.
PARCEL 3
All that tract of land located in Land Lot 43 of the 13th District of Clayton County and being more particularly described as follows:
BEGINNING at a point on the south land lot line of Land Lot 43 at the intersection with the west right of way 1-75; thence running north 30 degrees 25 minutes 16 seconds west along the west right of way of 1-75, 330.74 feet to a concrete right of way marker; thence running south 80 degrees 38 minutes 28 seconds west, 74.24 feet to a point on the east right of way of State Route 85; thence running south 33 degrees 21 min utes 26 seconds west along the east right of way of State Route 85, 157.22 feet to a point; thence running south 28 degrees 30 minutes 20 seconds west along the east right of way of State Route 85, 88.03 feet to a point; thence running south 24 degrees 18 minutes 39 seconds west along the east right of way of State Route 85, 74.15 feet to a point on the south line of Land Lot 43; thence running north 89 degrees 33 min utes 14 seconds east along the south land lot line, 399.72 feet to the POINT OF BEGINNING."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

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

On the passage of the bill, the yeas were 52, nays 0.

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

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 Burton Cobb

Coggin Dawkins
Deal Dean English

1840
Engram Foster Garner Harris Harrison Hill Hine Holloway Horton Howard Hudgins

JOURNAL OF THE SENATE

Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd

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

Those not answering were Senators:

Bowen Bryant Coleman

Coverdell Fincher Gillis

Greene Perry Scott of 36th

Senator Garner of the 30th introduced the chaplain of the day, Reverend Woodrow Hudson, pastor of First Baptist Church, Douglasville, Georgia, who offered scrip ture reading and prayer.

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

SR 438. By Senators Tate of the 38th and Garner of the 30th: A resolution commending Carolyn W. Lee.

SR 440. By Senator Foster of the 50th: A resolution expressing sympathy at the passing of Mr. William H. Booth.

SR 442. By Senator Harrison of the 37th: A resolution commending Evelyn Chambers.

SR 443. By Senators Foster of the 50th, Garner of the 30th, Turner of the 8th and others:
A resolution commending Phil Niekro.

HR 800. By Representatives Colwell of the 4th, Twiggs of the 4th, Ross of the 82nd and others:
A resolution expressing appreciation to the Honorable Jack Powell Green for his dedicated service to the Georgia General Assembly.

TUESDAY, FEBRUARY 21, 1984

1841

SENATE RULES CALENDAR

Tuesday, February 21, 1984

THIRTY-SIXTH LEGISLATIVE DAY

SR 396 SR 397
SR 399 SR 415 HR 621 HR 625 HB 1149 HB 1160 HB 1339 HB 999 HB 1296 HB 1213 HB 1139 HB 1008 HB 358 HB 123 HB 980 HB 49 HB 1 132 HB 1390 HB 1031

Statutes of Limitation Study Committee--create (J&CL--26th)
State Park in Towns County on Tennessee Valley Authority Prop erty--urge Dept. of Natural Resources explore establishing (NREQ--50th)
Ezell S. Goolsby Bridge--urge designation (Trns-- 25th)
Senate Transportation Study Committee--create (Trns --1st)
Washington County--conveyance of property to Board of Commis sioners (AMENDMENT) (Pub U--21st)
Millen--conveyance of property (AMENDMENT) (Pub U --21st)
Savings and Loan Association--redefine (SUBSTITUTE) (B&F--8th)
Banks Chartered Under United States Laws--eligible for Credit Union Deposit Insurance (B&F--8th)
State Institution Patient Expense Payment--change definition (Hum R--42nd)
Claims Against State Departments--delete certain obsolete provi sions (Approp--1st)
Emergency Room--medical services to pregnant indigent (SUBSTI TUTE) (Hum R--42nd)
Prevention of Family Violence--order issued to each person identi fied (J&CL--48th)
Insurance Companies--municipal corporations impose annual license fees (B&F--46th)
Industries for the Blind--Human Resources provide facilities (Hum R--10th)
Distilled Spirits--limit number of retail dealer licenses (SUBSTI TUTE) (C Aff--12th)
Employees' Retirement--change provisions on mandatory retirement (Ret--8th)
Alimony, Child Support--when another petition may be filed (Judy--35th)
Breast Cancer Patients--right to informed consent to medical proce dures (SUBSTITUTE) (Hum R--34th)
License to Carry Pistol--federal law enforcement officers exempt from fees (Pub Saf--28th)
Houston Judicial Circuit Superior Court Judges--increase to two (J&CL--18th)
Foreign Corporations--change registration fee (Judy --23rd)

1842

JOURNAL OF THE SENATE

HB 901 HB 1087 HB 1078 HB 790
HB 1057 HB 1276 HB 1068 HB 1164 HR 754 HB 1006 HB 1308 HB 877 HB 984 HB 1267 HB 982 HB 1058 HB 1199 HB 1029 HB 1163

Prescription Drugs--sales tax exempt (SUBSTITUTE) (B&F--23rd)
Initial Incarceration of Offense--reduce to 90 days after 1/1/84 on time for (Off R--30th)
Administrator Will Annexed--no notice if legatee agrees (SUBSTI TUTE) (J&CL--26th)
Metropolitan Area Planning and Development Commission --change compensation of membership (AMENDMENT) (FS&CA-G-- 56th)
Heart Pacemakers--authorize receipt and reuse (SUBSTITUTE) (Hum R--18th)
Peer Review Groups for Certified Health Professionals --change def initions (SUBSTITUTE) (Hum R--26th)
County Boards of Health--terms, method of filling vacancies (SUB STITUTE) (Hum R--42nd)
Securities--legislative purpose and intent (AMENDMENT) (B&F--23rd)
Certain Restaurants--post signs designating nonsmoking (C Aff-- 39th)
Property Sold for Taxes--computing redemption amounts (B&F--45th)
Discharge of Hazardous Materials--immunity for assisting in miti gating effect (SUBSTITUTE) (NREQ--20th)
Judgments and Rulings Deemed Appealable--delete certain ones (SUBSTITUTE) (J&CL--33rd)
Guardians of Minor Wards--obtaining letters of dismission (AMENDMENT) (J&CL--45th)
Southeast Interstate Low-Level Radioactive Waste Management Compact--revise (NREQ--20th)
Pistol, Revolver License--investigation procedures for renewal (Judy--35th)
Heart Pacemakers--dispose by sale or gift upon death (SUBSTI TUTE) (Hum R--18th)
Driver's License Suspension--restoration fee for return of (Pub Saf--28th)
Child Under Sixteen--unlawful for parent to allow upon street after midnight (SUBSTITUTE) (C&Y--15th)
Children and Youth Services--legislative intent (C&Y--30th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

TUESDAY, FEBRUARY 21, 1984

1843

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

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 House substitute to SB 382 was as follows:

A BILL
To be entitled an Act 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, approved March 14, 1983 (Ga. L. 1983, p. 4006), so as to change the provisions relating to the selec tion of subsequent chief magistrates; to change the provisions relating to filling vacancies in the office of chief magistrate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, approved March 14, 1983 (Ga. L. 1983, p. 4006), is amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) During the month of December, 1984, and each four years thereafter, it shall be the duty of the chief judge of the Superior Court of Hancock County, the chairman of the board of commissioners of Han cock County, and the Senator or Senators from any district in which Hancock County is located to meet and appoint a successor to the chief magistrate of the Magistrate Court of Hancock County, who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified."
Section 2. Said Act is further amended by striking in its entirety sub section (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A vacancy in the office of chief magistrate of the Magistrate Court of Hancock County shall be filled by appointment in the same manner that the chief magistrate was appointed pursuant to subsection (b) of Section 2. Such appointment shall be for the remainder of the unexpired term in which the vacancy occurred. At the end of such term, the chief magistrate shall be appointed in accordance with subsection (b) of Section 2 of this Act."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 382.

On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 382.

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

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.
The House amendment was as follows:

Amend SB 358 by striking in Section 1 on line 10 of Page 2 the amount "10,000.00" and inserting in lieu thereof the amount "26,500.00".
By striking in Section 1 on line 32 on Page 2 the amount "10,000.00" and in serting in lieu thereof the amount of "26,500.00".
Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 358.

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

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

Lester McGill Peevy Phillips Reddish Scott of 43rd Starr Stumbaugh
T1 adtipe
Thompson Timmons Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 21, 1984

1845

Those not voting were Senators:

Allgood Dean Garner

Hudgins Muggins McKenzie

Perry Scott of 2nd Scott of 36th

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 358.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Fincher moved that the Senate adhere to the Senate substitute to HB 1236 and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1236.

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

Senators Fincher of the 54th, Foster of the 50th and Deal of the 49th.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Timmons of the 11th moved that the Senate insist upon the Senate substi tute to HB 272.

1846

JOURNAL OF THE SENATE

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 272.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 940 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 940.

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

Senators Kidd of the 25th, Phillips of the 9th and Brannon of the 51st.

The following resolution of the Senate was read and adopted:

SR 446. By Senator Starr of the 44th: A resolution commending Miss Rachel Lord.

Senator Starr of the 44th introduced Miss Rachel Lord to the Senate.

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

SR 396. By Senators Greene of the 26th and Deal of the 49th: A resolution to create the Statutes of Limitation Study Committee.

Senator Greene of the 26th offered the following amendment:

Amend SR 396 by inserting in line 13 on Page 2 immediately preced-

TUESDAY, FEBRUARY 21, 1984

1847

ing the period which appears following the word "committees" the following:
"but shall receive the same for not more than ten days".
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 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:

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 Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Allgood Bryant Dawkins

Garner Hudgins Phillips

Scott of 36th Starr Tate

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite majority, was adopted as amended.
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.

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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:

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

English Engram Fincher Foster Harris Harrison Hill Hine Horton Howard Hudgins Muggins Kennedy Kidd Land

Lester 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:

Allgood Bryant Garner Gillis

Greene Holloway McGill

Phillips Starr Tate

On the adoption of the resolution, the yeas were 46, nays 0.

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

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SR 399. By Senator Kidd of the 25th: A resolution urging the designation of the Ezell S. Goolsby Bridge.

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

TUESDAY, FEBRUARY 21, 1984

1849

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Garner Harris Harrison Hill Hine Horton Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Allgood Coverdell English Foster

Gillis Greene Holloway Howard

Kennedy (presiding) Phillips Reddish

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

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

SR 415. By Senators Coleman of the 1st, Bryant of the 3rd, Peevy of the 48th and others:
A resolution creating the Senate Transportation Study Committee.

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

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

Those voting in the affirmative were Senators:

Allgood

Barker

Barnes

1850
Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

JOURNAL OF THE SENATE

Engram Fincher Foster Gillis Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Lester McGill

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

Those not voting were Senators:

Garner Greene Hill

Holloway Kennedy (presiding)

Starr Trulock

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

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

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

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.
Senate Sponsor: Senator English of the 21st.

The Senate Committee on Public Utilities offered the following amendment:

Amend HR 621 by adding in Section 4 at the end of line 23 of Page 2 a new sentence to read as follows:
"If the conveyance is to a nongovernmental purchaser, the consider ation shall be the fair market value of such property."

TUESDAY, FEBRUARY 21, 1984

1851

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 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin 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 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley Greene

Hill Kennedy (presiding)

Scott of 2nd Scott of 36th

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 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.
Senate Sponsor: Senator English of the 21st.

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JOURNAL OF THE SENATE

The Senate Committee on Public Utilities offered the following amendment:

Amend HR 625 by adding in Section 4 at the end of line 20 of Page 4 a new sentence to read as follows:
"If the conveyance is to a nongovernmental purchaser, the consider ation shall be the fair market value of such property."

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 resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Peevy Perry 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 Greene and Kennedy (presiding).

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

TUESDAY, FEBRUARY 21, 1984

1853

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

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".
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Banking and Finance offered the following substitute to HB 1149:

A BILL
To be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to redefine the term "sav ings and loan association"; to change the statute of limitations on all causes of action which may accrue to any financial institution over whose affairs the department is receiver; to provide for the termination of executory con tracts and leases to which a financial institution is a party under certain conditions; to provide for the purchase and assumptions of all or part of the assets of a financial institution over whose affairs the department is receiver; to authorize the department to establish higher loan limits for directors or policy-making officers of a bank or trust company; to clarify existing law with respect to the right of the parties to agree by written contract as to the charging and calculation of interest on past due interest, and with respect to the right of the parties to agree by written contract that unpaid interest when due may be added to the unpaid principal balance of the indebtedness, and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract, where such indebtedness is secured by a pledge or assignment of instruments evidencing loans having first priority on real estate; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking paragraph (31) of Code Sec tion 7-1-4, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (31) to read as follows:
"(31) 'Savings and loan association' means an association created pursuant to the Home Owners' Loan Act of 1933, 12 U.S.C. Sections 1461-1468, including a federal savings bank."
Section 2. Said title is further amended by striking Code Section 7-1173, relating to bringing or defending actions, in its entirety and substitut ing in lieu thereof a new Code Section 7-1-173 to read as follows:
"7-1-173. (a) For the purpose of executing any of the powers and performing any of the duties respectively conferred or imposed upon it,

1854

JOURNAL OF THE SENATE

as receiver, by this chapter, the department may, in its name as receiver of such financial institution, prosecute any action at law or in equity in any court of this state or of any other state or in any federal court, whether or not such action is pending on behalf of the financial institu tion at the time it takes possession. It may likewise defend any action at law or in equity pending against the financial institution at the time it takes possession. The department may, in its name as receiver of a corpo ration, institute and maintain any action which any director, officer, or such corporation or any shareholder or creditor thereof could have insti tuted or maintained.
(b) Notwithstanding the provisions of other laws to the contrary, the statute of limitations on all causes of action which may accrue to any financial institution over whose affairs the department is receiver shall be extended for a period of six months."
Section 3. Said title is further amended by adding a new Code Sec tion 7-1-175 immediately following Code Section 7-1-174 to read as follows:
"7-1-175. Within 180 days after the department takes possession of a financial institution, the department, as receiver, may at its election reject any executory contract to which the financial institution is party without further liability to the financial institution or the receiver or may reject any obligation of the financial institution as a lessee of real or per sonal property. The department's election to reject a lease creates no claim for rent other than rent accrued to the date of termination or for actual damages, if any, for such termination, not to exceed the equivalent of six months' payment."
Section 4. Said title is further amended by adding a new Code Sec tion 7-1-176 immediately following Code Section 7-1-175 to read as follows:
"7-1-176. (a) Whenever the department as receiver, with leave of court as provided in Code Section 7-1-156, undertakes to sell all or part of the assets of a financial institution in its possession in consideration of the assumption by the purchaser of the liabilities due to depositors and other creditors other than the holders of subordinated securities, the de partment shall be under no further obligation to file any inventory, ap praisement, partial accounting, or deliver any notice to creditors other than holders of subordinated securities until the filing of the final ac counting unless otherwise directed by the court.
(b) Notwithstanding any other law to the contrary, in facilitation of a purchase of assets and assumption of liabilities as described in subsec tion (a) of this Code section, all or any part of the assets may be sold to the deposit insurer for the financial institution in liquidation notwith standing such insurer's capacity as receiver or deputy receiver of the financial institution. Such insurer as receiver or deputy receiver may also borrow from itself in its corporate capacity any amounts necessary to facilitate the assumption of deposit liabilities by an existing financial in stitution or a newly chartered financial institution, assigning any part or all of the assets of the closed bank as security for such loan."
Section 5. Said title is further amended by striking subsection (a) of Code Section 7-1-491, relating to financing involving directors or officers, in

TUESDAY, FEBRUARY 21, 1984

1855

its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, a bank or trust company shall not make loans or otherwise extend financ ing to one of its directors or policy-making officers which in aggregate amount exceeds the principal sum of $25,000.00 or such higher amount as the department may establish which is not in excess of the limits set forth in Code Section 7-1-285."
Section 6. Said title is further amended by striking Code Section 7-417, relating to the requirement that payment upon any debt be applied first to interest and that no interest be paid upon unpaid interest and exceptions, in its entirety and substituting in lieu thereof a new Code Section 7-4-17 to read as follows:
"7-4-17. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, shall be applied to the reduction of the principal. If the payment does not extinguish the interest then due, no interest shall be calculated on such balance of interest and interest shall be calculated only on the principal amount up to the time of the next payment, except as the par ties otherwise provide by written contract. On loans having first priority on real estate and on loans secured by the pledge or assignment of instru ments evidencing loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb

1856
Coggin Coverdell Dawkins Dean English Engram Fincher Foster Garner Greene Harris Harrison

JOURNAL OF THE SENATE

Hill Hine Holloway Horton Huggins
JV1QQ
Land Lester McGill McKenzie Perry

Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd
oiarr Stumbaugh Thompson Trulock Turner Tysinger

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Coleman Gillis Howard

Hudgins Kennedy (presiding) Tate

Timmons Walker

On the passage of the bill, the yeas were 46, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Barker of the 18th introduced the doctor of the day, Dr. C. Ray Ivey, Jr., from Warner Robins, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:
Amend SB 387 as follows:
By striking lines 5 and 6 on Page 2 in their entirety and substituting in lieu thereof the following:

TUESDAY, FEBRUARY 21, 1984

1857

"are being transported in a motor vehicle or other conveyance capa
ble of transporting people, each individual in such motor vehicle or other conveyance, who is authorized".

Senator Holloway of the 12th moved that the Senate agree to the House amend ment to SB 387.

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

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton 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 Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Trulock Turner Tysinger Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Allgood Brannori Cobb

Garner Hudgins Kennedy (presiding)

Tate Timmons

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 387.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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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JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SR 301 by renumbering Sections 4 and 5 on Page 4 as Sections 5 and 6, respectively, and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. That it is the intent of the General Assembly of Geor gia that this transfer further enhance the general health and welfare of all citizens within Meriwether County and it is recognized that a certain facility known as the Meriwether County Training Center provides needed services to the developmentally disabled. Since this training center is largley dependent upon funding through the Georgia Depart ment of Human Resources, it is urged that the Georgia Department of Human Resources continue, subject to the availability of funds and sub ject to a continued need for the facility, a contractual relationship with the county board of health or other appropriate entity in order that there can continue to be a proper training center providing competent and pro fessional services for the developmentally disabled or such others who may be receiving care and training at the existing Meriwether County Training Center in Warm Springs, Georgia. In order to provide services which now exist at this training center, such contractual relationship should also include, if necessary, provisions for reimbursement of custom ary operating expenses and reasonable overhead so that the physical envi ronment is safe and properly maintained."

Senator Hill of the 29th moved that the Senate agree to the House amendment to SR 301.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins 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

TUESDAY, FEBRUARY 21, 1984

1859

Those not voting were Senators:

Allgood Brannon Garner Gillis

Hudgins Kennedy (presiding) Tate Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 301.

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

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.
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:

Barker Barnes Bond Bowen Brannon
2Brraonutnleoy,f 4A6f thu Brown of 47th
Eon Coggin Coleman Coverdell Deal Dean English

Engram Foster Garner Gillis Greene
HHaarrrriisson Hm
Htoe Holloway Horton Howard Huggins Kidd Land

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Cobb Dawkins Fincher

Hudgins Kennedy (presiding) McKenzie

Tate Timmons Walker

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

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

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

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 House substitute to SB 444 was as follows:

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 Community Affairs 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

TUESDAY, FEBRUARY 21, 1984

1861

appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three members, one each representing agriculture, in dustry, and local governments, to serve until July 1, 1987. After expira tion of these terms, the terms of all succeeding members shall be for four years.
(b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or compensation of the au thority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the author ity and in connection therewith Code Sections 45-15-13 through 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

1862

JOURNAL OF THE SENATE

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.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 444.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Allgood Bowen Cobb Fincher

Holloway Hudgins Kennedy (presiding) McKenzie

Tate Timmons Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 444.

TUESDAY, FEBRUARY 21, 1984

1863

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

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.
Senate Sponsor: Senator Howard of the 42nd.

Senators Deal of the 49th and Engram of the 34th offered the following amendment:

Amend HB 1339 by striking on lines 3 and 4, Page 1, the following, "change a definition; to",
and by striking lines 9 through 17 of Page 1, and by striking on line 18, Page 1, the following,
"Section 2. Said chapter is further", and by substituting in lieu thereof the following:
"Section 1. Said chapter is", and by renumbering "Section 3" on line 20, Page 2 as "Section 2" and by renumbering "Section 4" on line 23, Page 3 as "Section 3".

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 Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Coggin Coleman Coverdell Deal Dean English Engram

Foster Gillis Greene Harris Harrison Hill Hine Holloway

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Horton Howard Huggins KLaidndd
Lester McGill McKenzie

Peevy Perry Phillips SRceodtdt!sohf 2nd
Scott of 36th Scott of 43rd Starr

Stumbaugh Thompson Timmons Tirmo, cK,
Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Cobb

Dawkins Fincher Garner

Hudgins Kennedy (presiding) Tate

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 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.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine

TUESDAY, FEBRUARY 21, 1984

1865

Holloway Horton
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:

Coleman Dawkins

Howard 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 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.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 1296:

A BILL
To be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to provide for legislative findings and purpose; to pro vide for definitions; to require certain hospitals to provide emergency medi cal services to pregnant women in labor; to provide for transfer of such pa tients; to provide for determination of indigency; to require counties to pay for emergency hospital care required to be furnished to certain pregnant women; to provide for immunity from liability; to provide for damages and other relief against certain hospitals and health care providers; to provide for actions by the Department of Human Resources; to provide for civil and criminal penalties; to provide for administrative and judicial review; to pro vide for rules and regulations; to provide for construction; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 31 of the Official Code of Georgia An-

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notated, relating to care and protection of indigent and elderly patients, is amended by adding immediately following Article 2 thereof a new article to read as follows:
"ARTICLE 2A
31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disa bling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General As sembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that no hospital denies available, appropriate emergency services to a woman who seeks hospital care for the safe delivery of her child and to assure that counties assume a share of the responsibility in meeting this critical need for their resi dents who receive care.
31-8-41. As used in this article, the term:
(1) 'Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article at the reim bursement rate currently in effect for the hospital under the medical as sistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not in clude any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article.
(2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3) 'Indigent patient' means a patient who is a resident of this state who has been certified as an indigent pursuant to Code Section 31-8-43.
31-8-42. Any hospital which operates an emergency service shall provide the appropriate, necessary emergency services to any pregnant woman who presents herself in active labor to the hospital, if those ser vices are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, in cluding such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hos pital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall:
(1) Within the capabilities of the hospital provide such emergency

TUESDAY, FEBRUARY 21, 1984

1867

services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the informa tion furnished the hospital by the pregnant woman, including such infor mation as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such in formation as the pregnant woman may furnish the hospital;
(2) Contact an appropriate receiving hospital and notify such hospi tal that the patient is in transit;
(3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's history and condition.
The transfer shall not be authorized until the physician considers the pa tient sufficiently stabilized for transport.
31-8-43. (a) The commissioner of human resources shall adopt state wide standards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients re ceiving services in state hospitals as authorized by state law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by state hospitals.
(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the gov erning authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer of each hospital within 15 days after its adoption.
(c) When a patient receives health care from a hospital, which care that hospital is required to provide the patient under Code Section 31-842, and when such patient claims inability to pay cost of care because of indigency, the chief administrative officer of the hospital shall notify, in writing, the health care advisory officer of the county of residence of the patient. Such notification shall request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 30 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the pa tient is indigent or if the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital

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providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in the hospital or hospitals rendering the emergency services. In such event, the hospital or hospitals providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care, and it shall be the duty of the governing authority of such county to pay the hospital that amount.
(d) To the end that the certifications of indigency required by sub section (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents determined to be indigent.
(e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursu ant to this subsection.
31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malprac tice or civilly liable therefor unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negli gent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought under this article without a specific allegation of gross negligence.
31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief.
31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall im mediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall im mediately order the hospital to comply with that Code section.
(b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources.

TUESDAY, FEBRUARY 21, 1984

1869

(d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article.
(e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are pro vided by or under any other law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th offered the following amendment:

Amend the substitute to HB 1296 offered by the Senate Committee on Human Resources by striking from line 9 of Page 1 the following:
"emergency hospital care",
and inserting in its place the following:
"emergency care".
By striking lines 20 through 22 of Page 2 and inserting in their place the following:
"provided thereby under this article, and for services rendered by a physician in connection therewith, at the reimbursement rate currently in effect for the hospital and physician under the medical assistance pro gram for".
By adding on line 7 of Page 5 after the following:
"hospital",
the following:
"or physician".
By striking line 27 of Page 5 and inserting in its place the following:
"In such event, the hospital, hospitals, and physicians providing the".
By adding on line 31 of Page 5 after the following:
"hospital",
the following:
"and physician".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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On the adoption of the substitute, the yeas were 36, 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 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 Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 'aoLtCp
Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators Kennedy (presiding) and Phillips.

On the passage of the bill, the yeas were 53, nays 1.

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

Senator Howard of the 42nd moved that HB 1296 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1296 was immediately transmitted to the House.

TUESDAY, FEBRUARY 21, 1984

1871

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

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.
Senate Sponsor: Senator Peevy of the 48th.

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

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

Those voting in the affirmative were Senators:

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

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

Lester McGill Peevy Perry Phillips 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 note voting were Senators:

Kennedy (presiding)

McKenzie

Tate

Land

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harrison Hill Hine Holloway Horton Hudgins Huggins 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:

Cobb Harris

Howard Kennedy (presiding)

McKenzie Trulock

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

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

TUESDAY, FEBRUARY 21, 1984

1873

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.
Senate Sponsor: Senator Trulock of the 10th.

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton 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:

Bowen Dawkins

Howard

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 Broun of the 46th introduced Honorable Lester Maddox, a former Gover nor of the State of Georgia, 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:

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.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 358:

A BILL
To be entitled an Act to amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and reg ulation of distilled spirits, so as to limit the number of retail dealer licenses which may be issued by the governing authority of any political subdivision; to provide for exceptions; to provide that local governments may continue to further restrict the number of licenses; to provide for the transfer of certain licenses; to provide for other matters relative to the foregoing; to provide for purposes and policies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulation of distilled spirits, is amended by designating the current Code sections as Part 1 and by adding at the end thereof, immediately following Code Section 3-4-50, a new Part 2 to read as follows:
"Part 2
3-4-51. (a) (1) (A) The number of retail dealer licenses which may be issued by the governing authority of any county in which the retail sale of distilled spirits is authorized shall be limited to a maximum of one license per 3,000 persons, or major fraction thereof, who reside within the unincorporated area of the county.
(B) The number of retail dealer licenses which may be issued by the governing authority of any municipality in which the retail sale of dis tilled spirits is authorized shall be limited to a maximum of one license per 3,000 persons, or major fraction thereof, who reside within the municipality.
(2) Population figures shall be based on the population of the politi cal subdivision as shown in the most recent official United States decen nial census or as shown by satisfactory evidence presented by the appli-

TUESDAY, FEBRUARY 21, 1984

1875

cant which evidence demonstrates to the governing authority that such census does not reflect the actual population of the political subdivision.
(3) Notwithstanding the population of the unincorporated area of any county or of any municipality, the unincorporated area of each county and each municipality in which the retail sale of distilled spirits is authorized shall be authorized to issue two retail dealer licenses.
(4) Nothing in this part shall be deemed or construed as prohibiting counties or municipalities from further limiting, based on population, the number of retail dealer licenses which shall be issued by such political subdivision.
(b) (1) The limitation upon the number of retail dealer licenses to be issued as provided in subsection (a) of this Code section shall not ap ply to licenses issued prior to July 1, 1984, or to the renewal or transfer thereof. The limitation upon the number of retail dealer licenses to be issued as provided in subsection (a) of this Code section shall not apply to licenses after July 1, 1984, or to the renewal or transfer thereof, if, at the time the license was initially issued, such initial issue was in accor dance with the limitations provided in subsection (a) of this Code section.
(2) Upon the revocation of any license, no renewal thereof or new license therefor shall be issued contrary to the provisions of subsection (a) of this Code section.
(c) When additional retail dealer licenses become available by rea son of an increase in population or by reason of a county or municipality initially permitting the sale of distilled spirits, no current retail dealer licensee or any person who has held a direct or indirect interest in a retail dealer license during the immediately preceding 12 months shall be enti tled to apply for and receive more than one such newly available license in any political subdivision.
(d) A retail dealer licensee shall be entitled to a renewal of an an nual license from year to year in accordance with procedures adopted by the governing authority of the licensing political subdivision, and such license may be transferred pursuant to the provisions of Code Section 3-4-52.
3-4-52. (a) (1) In cases where a retail licensee moves his package sales business from one location in the unincorporated area of the county to another location in the unincorporated area of such county, he shall be authorized to apply to the appropriate licensing authority to have the license for the location previously occupied apply to the new location. If the retail licensee complies with all requirements of state laws or local ordinances and pays a transfer fee not to exceed $100.00, the governing authority of the county shall authorize the existing license to apply to the new location.
(2) In cases where a retail licensee moves his package sales business from one location in a municipality to another location within such mu nicipality, he shall be authorized to apply to the appropriate licensing authority to have the license for the location previously occupied apply to the new location. If the retail licensee complies with all requirements of

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JOURNAL OF THE SENATE

state laws or local ordinances and pays a transfer fee not to exceed $100.00, the governing authority of the municipality shall authorize the existing license to apply to the new location.
(b) In cases where a retail licensee has made a bona fide sale of the retail dealer licensed establishment, he may make application for a trans fer of such license to the purchaser of said retail dealer licensed estab lishment. If the transferee is otherwise qualified to hold a retail dealer license under state law and local ordinances and otherwise meets all the qualifications and requirements imposed on individuals making an initial application for a retail dealer license, the governing authority of the po litical subdivision shall transfer the license to the purchaser. The gov erning authority may charge a transfer fee not to exceed the annual re tail dealer license fee levied by the governing authority.
(c) If a retail dealer license is transferred under the provisions of subsection (a) or (b) of this Code section, the licensee may make applica tion to the state for a like transfer of the corresponding state license. The state may issue a state retail dealers license provided all the qualifica tions and requirements imposed for such license are met and payment of all license and investigation fees are paid.
3-4-53. The General Assembly declares that this part is enacted pur suant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifi cally for the following purposes and policies:
(1) To prohibit illegal or unfair business practices and to seek retar dation of sales abuse practices, especially to minors;
(2) To foster greater control of enforcement through the process of license limitation;
(3) To provide for equality and an orderly three-tier system for the distribution and retail sale of package distilled spirits in the State of Georgia;
(4) To promote the public health, safety, and welfare of the people of the State of Georgia; and
(5) To provide for a retail distilled spirits system that will facilitate the accountability by retail dealers of state laws and regulations."
Section 2. This Act shall become effective on July 1, 1984.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th offered the following amendment:

Amend the substitute to HB 358 offered by the Senate Committee on Consumer Affairs by striking line 22 through line 25 of Page 3 and inserting in lieu thereof the following:

TUESDAY, FEBRUARY 21, 1984

1877

"apply for a renewal of an annual license from year to year. If the
retail dealer licensee complies with requirements adopted by the gov erning authority of the licensing political subdivision and pays the annual license fee, the governing authority shall grant a renewal of the annual license. Such license may be transferred pursuant to the".

Senators Barnes of the 33rd and Thompson of the 32nd offered the following amendment:

Amend the substitute to HB 358 offered by the Senate Committee on Consumer Affairs by adding after "distilled spirits" on line 24, Page 1 the following:
", beer, or wine";
and by adding after "distilled spirits" on line 6, Page 2 the following:
", beer, or wine";
and by adding after "municipality." on line 9, Page 2 the following:
"(c) No service station or grocery store shall sell beer, wine or dis tilled spirits."

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the amendment offered by Senators Barnes of the 33rd and Thompson of the 32nd was
not germane to the substitute to HB 358 offered by the Senate Committee on Con sumer Affairs.

Senator Holloway of the 12th moved the previous question.

Senator Barnes of the 33rd moved that HB 358 be placed on the Table.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Barnes of the 33rd to table HB 358 takes precedence.

On the motion offered by Senator Barnes of the 33rd, 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:

Barnes Burton Coverdell Garner

Harrison Hine Horton Land

Peevy Stumbaugh Thompson

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

A 1 [good Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Hill Holloway Hudgins Huggins Kidd Lester McGill

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

Those not voting were Senators Howard and Kennedy (presiding).

On the motion, the yeas were 11, nays 43; the motion was lost, and HB 358 was not placed on the Table.

On the motion offered by Senator Holloway of the 12th, the next motion in prece dence, the yeas were 34, nays 1; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Holloway of the 12th, the yeas were 42, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen

Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman

Dawkins Deal Dean English Engram Fincher Foster Giliis Greene Harris Harrison

TUESDAY, FEBRUARY 21, 1984

1879

Hill Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie Perry

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

Those voting in the negative were Senators:

Barnes Brannon Coverdell Garner

Hine Howard Peevy

Stumbaugh Thompson Tysinger

Not voting was Senator Kennedy (presiding).

On the passage of the bill, the yeas were 45, nays 10.

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

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.
Senate Sponsors: Senators Turner of the 8th and Coggin of the 35th.

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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:

December 10, 1983

SUBJECT: House Bill 123 (LC 7 5088) Employees' Retirement System

This Bill would eliminate the mandatory retirement age for all mem bers of the retirement system except certain law enforcement personnel. Specified law enforcement personnel would be required to retire at the age mandated for their job classification or by their department, and depart ments would have the authority to employ these specific types of personnel at any age by certifying the employee to the Board of Trustees. Currently, retirement is mandatory at age 70 for all personnel and departments may employ any member, regardless of age, in a professional, scientific, and/or technical position by certifying the employee to the Board of Trustees.

This is to certify that this is a retirement bill having a fiscal impact on the pension system.

/s/ W.M. Nixon

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:

February 2, 1984

SUBJECT: House Bill 123 (LC 7 5088) Employees' Retirement System

TUESDAY, FEBRUARY 21, 1984

1881

This Bill would eliminate the mandatory retirement age for all mem bers of the retirement system except certain law enforcement personnel. Specified law enforcement personnel would be required to retire at the age mandated for their job classification or by their department, and depart ments would have the authority to employ these specific types of personnel at any age by certifying the employee to the Board of Trustees. Currently, retirement is mandatory at age 70 for all personnel and departments may employ any member, regardless of age, in a professional, scientific, and/or technical position by certifying the employee to the Board of Trustees.
This is to certify that this is a retirement bill having a fiscal impact on the pension system.
/s/ W.M. Nixon State Auditor

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

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

DATE:

February 3, 1984

SUBJECT: Fiscal Note--House Bill 123 (LC 7 5088) Employees' Retirement System

This Bill would eliminate the mandatory retirement age for all mem bers of the retirement system except certain law enforcement personnel. Specified law enforcement personnel would be required to retire at the age mandated for their job classification or by their department, and depart ments would have the authority to employ these specific types of personnel at any age by certifying the employee to the Board of Trustees. Currently, retirement is mandatory at age 70 for all personnel and departments may employ any member, regardless of age, in a professional, scientific, and/or technical position by certifying the employee to the Board of Trustees.

The actuary for ERS has stated that the dollar impact of this Bill can not be estimated in advance because the number of members that would choose to continue working beyond the current mandatory retirement dates cannot be predicted. The actuary did state, however, that a slight reduction in cost would be expected and that such reduction would not be material to the overall funding of the system. The actuary stated that increased monthly benefits received as a result of members working longer would be more than

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offset by the decrease in benefits paid out due to the shorter period over which benefits would be granted.

/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 Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean 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 Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brown of 47th

Dawkins English Fincher

Kennedy (presiding) Tate

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

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

TUESDAY, FEBRUARY 21, 1984

1883

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Hine of the 52nd moved that the Senate insist upon the Senate amend ment to HB 1073.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1073.

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

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.
Senate Sponsors: Senators Coggin of the 35th and Hine of the 52nd.

Senator Hine of the 52nd offered the following amendment:

Amend HB 980 by adding after the semicolon on line 6 of Page 1 the following:
"to provide for the awarding of attorneys' fees, costs, and expenses in proceedings for modification of alimony;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by adding a new subsection (d) to read as follows:
'(d) In proceedings for the modification of alimony for the support of a spouse or child pursuant to the provisions of this Code section, the

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JOURNAL OF THE SENATE

court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require.'"
By striking from Section 2, renumbered as Section 3 by this Act, the following:
"This Act shall apply",
and inserting in lieu thereof the following:
"The provisions of Section 1 of this Act shall apply".

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 Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coverdell Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris 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 Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Barker Bond Brown of 47th Coleman

Dawkins Harrison Howard

Kennedy (presiding) Tate Thompson

TUESDAY, FEBRUARY 21, 1984

1885

On the passage of the bill, the yeas were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hine of the 52nd moved that HB 980 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 980 was immediately transmitted to the House.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Turner of the 8th moved that the Senate insist upon the Senate amend ment to HB 256.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 256.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 49. By Representative Lane of the 27th: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide breast cancer patients with a right to informed consent to certain surgical and medical procedures.
Senate Sponsor: Senator Engram of the 34th.

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JOURNAL OF THE SENATE

The Senate Committee on Human Resources offered the following substitute to HB 49:
A BILL
To be entitled an Act to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation and functions of the Composite State Board of Medical Examiners, so as to authorize and direct the Composite State Board of Medical Examiners to develop and distribute an informational booklet on breast cancer and the treatment of breast can cer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-34-21 of the Official Code of Georgia An notated, relating to the creation and functions of the Composite State Board of Medical Examiners, is amended by adding at the end thereof a new sub section (g) to read as follows:
"(g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to dis tribute a copy of the booklet to each and every patient whose disease or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

TUESDAY, FEBRUARY 21, 1984

1887

Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy

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

Voting in the negative was Senator Burton. Those not voting were Senators:

Howard

Reddish

Tate

Kennedy (presiding)

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 Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:36 o'clock P.M. until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1634. By Representatives Mueller of the 126th and Triplett of the 128th:
A bill to create the Board of Elections of Chatham County.

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JOURNAL OF THE SENATE

HB 1658. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the board of education of Upson County, so as to change the composition of education districts.

HB 1659. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to create new commissioner districts for the election of commissioners.

HB 1660. By Representative Adams of the 79th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Upson County.

HB 1662. By Representative Adams of the 79th:
A bill to provide for the appointment of the Upson County Superintendent of Schools by the board of education of Upson County.

HB 1664. By Representatives Dean of the 29th and Bolster of the 30th:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment, which exempts certain capital improvements of the Cabbagetown Historic District eco nomic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes for a period of seven years following their establishment or addition.

HB 1665. By Representatives Wilson, Burruss, Cooper and others of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.

HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to abolish the office of treasurer of Ware County; to provide for the county depositories.

TUESDAY, FEBRUARY 21, 1984

1889

HB 1668. By Representative Yeargin of the 14th:
A bill authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, so as to establish and define wards within the City of Elberton for the purpose of electing members of the city council.

HB 1669. By Representatives Triplett of the 128th, Hamilton of the 124th, Alien of the 127th and others:
A bill to amend an Act providing for the manner of appointment of mem bers to the Board of Chatham County Hospital Authority, so as to change the method of appointment of such members.

HB 1670. By Representatives Wilson and Burruss of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 600. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to repeal an Act relating to the compensation of the clerk of the Probate Court of Chatham County; to provide that the clerk of Superior Court of Chatham County shall serve as the clerk of the probate court.

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

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.
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
Brantley Broun of 46th

Brown of 47th Bryant Burton
Cobb Coggin

Dawkins Deal Fincher
Foster Gillis

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JOURNAL OF THE SENATE

Greene Harris
Hill Hine Holloway Hudgins Huggins

Kennedy Kidd Lester McGill Peevy Perry

Phillips Scott of 43rd Starr Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon
CoSell Dean English Engram

Garner Harrison Horton
TH TMd Land McKenzie Reddish

Scott of 2nd Scott of 36th Stumbaugh
Tate Thompson Timmons Walker

On the passage of the bill, the yeas were 34, nays 0.

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

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.
Senate Sponsor: Senator Barker of the 18th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th

Bryant Burton Coggin Coleman Coverdell

Dawkins Deal Fincher Foster Garner

TUESDAY, FEBRUARY 21, 1984

1891

Gillis Greene Harris
Holloway Hudgins Huggins

Kidd Lester McGill
Perry Phillips Reddish

Scott of 2nd Scott of 43rd Starr
Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon Brown of 47th Cobb Dean

English Engram Harrison Horton Howard Kennedy (presiding)

Land Scott of 36th Stumbaugh Tate Timmons Walker

On the passage of the bill, the yeas were 38, nays 0.

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

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.
Senate Sponsor: Senator Lester of the 23rd.

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

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

Those voting in the affirmative were Senators:

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

Coggin Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton

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JOURNAL OF THE SENATE

Howard Hudgins
5?."gp m Lester McGill McKenzie

Peevy perry
Phillips Reddish Scott of 2nd Scott of 43rd

Starr Tate
Thompson Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Cobb Coleman

Kennedy (presiding) Land Scott of 36th

Stumbaugh Timmons Walker

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

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

HB 901. By Representatives Murphy of the 18th, Burruss, Wilson, Thompson 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.
Senate Sponsor: Senator Lester of the 23rd.

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

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

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM: W.M. Nixon, State Auditor

DATE: January 11, 1984

SUBJECT: Fiscal Note--House Bill 901 (LC 14 3198/1) Sales Tax Exemption for Prescription Drugs

This Bill would add sales of drugs which can lawfully be dispensed only by prescription to the list of items which are exempt from the state sales and use taxes.

TUESDAY, FEBRUARY 21, 1984

1893

The cost of this Bill to the state is based on the volume of prescription drug sales. Based on estimates received from the Department of Revenue, the average person in Georgia spends approximately $59 per year on pre scription drugs. The estimated population of Georgia for calendar year 1984 according to the Department of Revenue is 5.65 million. The 1984 popula tion would spend an estimated $333.3 million on prescription drugs.
This Bill would result in a $10 million decrease in sales tax revenues to the state. Additional revenue losses would occur in the 1% Marta Tax and the 1% local option sales tax. Approximately 25% of the total sales tax base of Georgia is in the Marta tax area of Fulton and DeKalb County. Since the Marta tax rate is one-third of the state sales tax rate, the Marta tax loss is estimated at $833,000 ($10 million x 25% x '/a). Based on historical trends between the Marta tax and the local option sales tax (local option revenue is 2 '/2 times as large as the Marta tax revenue), the local option sales tax loss in revenue would be $2.08 million. The state would also lose the 1% of col lections fee for collecting the taxes for Marta and the local option counties. This would amount to $29,156.
/s/ W.M. Nixon State Auditor
The Senate Committee on Banking and Finance offered the following substitute to HB 901:

A BILL
To be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that sales of prescription drugs, prescription eyeglasses, and contact lenses shall be exempt from the imposition of the tax; 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 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, is amended by striking paragraph (45) in its entirety and inserting in lieu thereof a new paragraph (45) to read as follows:
"(45) The sale, use, storage, or consumption of paper stock which is manufactured in this state into catalogs intended to be delivered outside this state for use outside this state;",
and by striking paragraph (46) in its entirety and inserting in lieu thereof a new paragraph (46) to read as follows:
"(46) Sales to blood banks having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code; or",
and by adding at the end thereof a new paragraph (47) to read as follows:
"(47) Sales of drugs which can lawfully be dispensed only by pre scription and prescription eyeglasses and contact lenses."

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Section 2. This Act shall become effective January 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Lester of the 23rd and Barnes of the 33rd offered the following amendment:

Amend the substitute to HB 901 offered by the Senate Committee on Banking and Finance by striking lines 25, 26, and 27 on Page 1 in their entirety and substituting in lieu thereof the following:
" '(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses.' "

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

On the adoption of the substitute, the yeas were 36, 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 Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd

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

TUESDAY, FEBRUARY 21, 1984

1895

Those not voting were Senators:

Garner Kennedy (presiding)

Land Scott of 36th

Stumbaugh 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.

Senator Lester of the 23rd moved that HB 901 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 901 was immediately transmitted to the House.

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.
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 Bryant Burton Cobb Coggin Coleman Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Howard

Hudgins Huggins Kidd
Lester McGill
McKenzie Peevy Perry
Phillips Scott of 2nd Scott of 43rd
Starr Tate Thompson

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JOURNAL OF THE SENATE

Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Brown of 47th Coverdell Harris Hill

Kennedy (presiding) Land Reddish

Scott of 36th Stumbaugh Timmons

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

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

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.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 1078:

A BILL
To be entitled an Act to provide for the reduction or waiver of certain publications or advertisements by fiduciaries; to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to removal, resignation, settlement, and letters of dismission of guardians, so as to re duce the required number of publications for applications for dismission; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to reduce the number of pub lications or to eliminate by waiver the publication of certain citations by administrators or executors; to provide for all matters relative to the forego ing; 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 29 of the Official Code of Georgia Annotated, relating to removal, resignation, settlement, and letters of dismission of guardians, is amended by striking in its entirety Code Sec tion 29-2-84, relating to obtaining letters of dismission, and inserting in its place a new Code Section 29-2-84 to read as follows:

TUESDAY, FEBRUARY 21, 1984

1897

"29-2-84. Letters of dismission may be granted by the judge of the probate court to any guardian upon compliance with the procedure out lined in this Code section. The guardian shall make an application in writing for letters of dismission, setting forth his full discharge of the duties of his trust. The judge of the probate court shall examine the guardian's accounts and vouchers to verify the truth of the application. The application shall be published one time in the public newspaper in which legal notices of the office of the judge of the probate court are usually published. Thereafter, the judge shall examine any objections filed. Proof shall be offered to show that the ward is of age or that there is no longer a necessity for continuing the guardianship."
Section 2. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, is amended by striking in its entirety Code Section 53-6-27, relating to citation and notice of applica tion for letters of administration, and inserting in its place a new Code Sec tion 53-6-27 to read as follows:
"53-6-27. (a) The judge of the probate court shall issue a citation, giving notice of the application to all concerned, in the newspaper in which the county advertisements are usually published, once a week for four weeks. At the first regular term after the expiration of that time, the application shall be heard or regularly continued. The order granting let ters of administration or letters testamentary shall be granted only at a regular term.
(b) Publication of the citation giving notice of an application for letters of administration may be waived by the judge of the probate court if there is filed with the application an agreement signed by all of the heirs approving the grant of letters of administration to the applicant. Notwithstanding subsection (a) of this Code section, if publication is waived by the judge of the probate court, letters of administration may issue after hearing whether at a regular term or in vacation."
Section 3. Said title is further amended by striking in its entirety Code Section 53-6-29, relating to granting of administration with the will annexed, and inserting in its place a new Code Section 53-6-29 to read as follows:
"53-6-29. Administration with the will annexed is granted when the decedent died testate but no executor is nominated or none appears to qualify and execute the will. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases. If an administrator with the will annexed is named by the beneficiaries under a will who are capable of expressing a choice as authorized by paragraph (11) of Code Section 53-6-24, then no publica tion of citation shall be required and letters may issue without further delay."
Section 4. Said title is further amended by adding at the end of Code Section 53-6-31, relating to application for appointment as administrator de bonis non, a new subsection (c) to read as follows:
"(c) Issuance and publication of the citation giving notice of an ap plication for letters of administration de bonis non may be waived by the

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JOURNAL OF THE SENATE

judge of the probate court if there is filed with the application an agree ment signed by all persons interested in the estate approving the grant of letters of administration de bonis non to the applicant."
Section 5. Said title is further amended by striking in its entirety Code Section 53-7-140, relating to certain petitions for discharge, and in serting in its place a new Code Section 53-7-140 to read as follows:
"53-7-140. An administrator or executor who has fully discharged all his duties may petition the judge of the probate court to pass an order discharging him from his trust. Upon the petition a citation shall issue, requiring all persons concerned to show cause against the granting of the discharge. The citation shall be published one time in the newspaper in which the county advertisements are published."
Section 6. Said title is further amended by striking in its entirety sub section (a) of Code Section 53-10-2, relating to issuance and publication of certain citations, and inserting in its place a new subsection (a) to read as follows:
"(a) Upon the filing of a petition for an order to dispense with ad ministration, the judge of the probate court shall issue a citation, which shall be published in the official gazette of his county one time, requiring all creditors of the estate, if any, and all other interested persons to show cause why an order should not be entered finding that no administration or no permanent administration, as the case may be, is necessary."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd

TUESDAY, FEBRUARY 21, 1984

1899

Lester McGill McKenzie Peevy Perry Phillips

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

Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Engram Hill Howard

Hudgins Kennedy (presiding) Land

Reddish Stumbaugh Timmons

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

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

Senator Greene of the 26th moved that HB 1078 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1078 was immediately transmitted to the House.

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.
Senate Sponsor: Senator Brantley of the 56th.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 790 by striking from line 5 of Page 2 the following: "and",
and inserting in lieu thereof the following: "or".

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JOURNAL OF THE SENATE

On the adoption of the amendment, 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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Lester

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

Those not voting were Senators:

Barker Coleman Coverdell Engram

Hill Hudgins Kennedy (presiding) Land

Perry Stumbaugh Timmons Trulock

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.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th

Bryant Burton Coggin
Coleman Coverdell Deal
Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

TUESDAY, FEBRUARY 21, 1984

1901

Howard Hudgins HKiudgdgins
tester McGill

McKenzie Peevy PRheidlldiipssh
Scott of 36th Scott of 43rd

Starr jate Tlurner
Tysinger Walker

Those not voting were Senators:

Cobb Dawkins Garner
Hill

Kennedy (presiding) Land Perry
Scott of 2nd

Stumbaugh Thompson Timmons
Trulock

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

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

The President resumed the Chair.

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.
Senate Sponsor: Senator Barker of the 18th.

The Senate Committee on Human Resources offered the following substitute to HB 1057:

A BILL
To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to authorize the receipt and reuse of heart pacemakers; to provide definitions; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 31 of the Official Code of Georgia An notated, relating to general provisions regarding health, is amended by ad ding at the end of said chapter a new Code Section 31-1-6 to read as follows:
"31-1-6. (a) As used in this Code section, the term:

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JOURNAL OF THE SENATE

(1) 'Heart pacemaker' means any electrical device which stimulates the heart muscle so that it contracts at a certain or regular rate.
(2) 'Medically acceptable' means conforming to prevailing medical standards of cleanliness and manufacturers' applicable standards for functional operation.
(3) 'Person' includes the following:
(A) Any hospital, surgeon, or physician;
(B) Any accredited medical school, college, or university;
(C) Any licensed, accredited, or approved bank or storage facility of human bodies or parts; or
(D) Any specified individual needing implantation of a heart pacemaker.
(b) Any person, as defined in subsection (a) of this Code section, shall be authorized to receive and reuse a heart pacemaker, provided that such device is medically acceptable for its proposed reuse.
(c) This Code section shall not apply to the receipt and reuse of a nuclear-powered pacemaker."
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.

On the passage of 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 Gillis Greene Harris Hill Hine

TUESDAY, FEBRUARY 21, 1984

1903

Holloway Horton Hward HMuudgggminss
Kennedy Kidd Lester

McGill McKenzie Peeyy PPehrilrlyips
Scott of 2nd Scott of 36th Scott of 43rd

Starr Tate Thompson Tirruuiloocckk
Turner Tysinger Walker

Those not voting were Senators:

Dawkins Harrison

Land Reddish

Stumbaugh 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.

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

HB 1634. By Representatives Mueller of the 126th and Triplett of the 128th: A bill to create the Board of Elections of Chatham County.
Referred to Committee on Federal, State and Community Affairs.

HB 1658. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the board of education of Upson County, so as to change the composition of education districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1659. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to create new commissioner districts for the election of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1660. By Representative Adams of the 79th:
A bill to provide for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Upson County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1662. By Representative Adams of the 79th:
A bill to provide for the appointment of the Upson County Superintendent of Schools by the board of education of Upson County. Referred to Committee on Federal, State and Community Affairs.

HB 1664. By Representatives Dean of the 29th and Bolster of the 30th:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment which exempts certain capital improvements of the Cabbagetown Historic District eco nomic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes for a period of seven years following their establishment or addition.
Referred to Committee on Federal, State and Community Affairs.

HB 1665. By Representatives Wilson, Burruss, Cooper and others of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta. Referred to Committee on Federal, State and Community Affairs.

HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to abolish the office of treasurer of Ware County; to provide for the county depositories. Referred to Committee on Federal, State and Community Affairs.

HB 1668. By Representative Yeargin of the 14th:
A bill authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, so as to establish and define wards within the City of Elberton for the purpose of electing members of the city council.
Referred to Committee on Federal, State and Community Affairs.

HB 1669. By Representatives Triplet! of the 128th, Hamilton of the 124th, Alien of the 127th and others:
A bill to amend an Act providing for the manner of appointment of mem bers of the Board of Chatham County Hospital Authority, so as to change the method of appointment of such members.
Referred to Committee on Federal, State and Community Affairs.

HB 1670. By Representatives Wilson and Burruss of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city. Referred to Committee on Federal, State and Community Affairs.

TUESDAY, FEBRUARY 21, 1984

1905

HB 600. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to repeal an Act relating to the compensation of the clerk of the Probate Court of Chatham County; to provide that the clerk of the Superior Court of Chatham County shall serve as the clerk of the probate court.
Referred to Committee on Federal, State and Community Affairs.

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 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.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Human Resources offered the following substitute to HB 1276:

A BILL
To be entitled an Act 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 professionals, so as to change certain definitions relating to peer review groups; to provide for confidentiality of records of certain review organizations; 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 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups for certain health profes sionals, is amended by striking Code Section 31-7-131, relating to definitions regarding peer review groups, in its entirety and inserting in lieu thereof a new Code Section 31-7-131 to read as follows:
"31-7-131. As used in this article, the term:
(1) 'Peer review' means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assis tance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
(2) 'Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in

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the health care field under the laws of Georgia, including, but not limited to, the following individual or organizations:
(A) A physician;
(B) A dentist;
(C) A podiatrist;
(D) A chiropractor;
(E) An optometrist;
(F) A psychologist;
(G) A pharmacist;
(H) A registered or practical nurse;
(I) A physical therapist;
(J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; and
(K) A corporation or other organization operating a hospital, a nurs ing or convalescent home, or other health care facility.
(3) 'Review organization' means any panel, committee, or organiza tion which is primarily composed of professional health care providers or which provides professional liability insurance for health care providers and which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the pur poses of:
(A) Evaluating and improving the quality of health care rendered;
(B) Reducing morbidity or mortality; or
(C) Evaluating claims against health care providers or engages in underwriting decisions in connection with professional liability insurance coverage for health care providers.
Section 2. Said article is further amended by striking Code Section 31-7-133, relating to confidentiality of certain records, in its entirety and inserting in lieu thereof a new Code Section 31-7-133 to read as follows:
"31-7-133. Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evi dence in any civil action arising out of or otherwise directly related to the matters which are the subject of evaluation and review by such organiza tion; and no person who was in attendance at a meeting of such organiza tion shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceed ings of such organization or as to any findings, recommendations, evalua tions, opinions, or other actions of such organization or any members

TUESDAY, FEBRUARY 21, 1984

1907

thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or used in any such civil action merely because they were presented dur ing proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within his knowledge; but such witness cannot be asked about his testimony before such organization or about opinions formed by him as a result of the organization hearings."
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.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brant ley Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Engram

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

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

Voting in the negative was Senator Brannon. Those not voting were Senators:

Bowen Broun of 46th Coverdell

Gillis Harrison Hudgins

Phillips Reddish
Stumbaugh

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 1.

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

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.
Senate Sponsors: Senators Howard of the 42nd and Hine of the 52nd.

The Senate Committee on Human Resources offered the following substitute to HB 1068:

A BILL
To be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to change the membership, terms, and method of filling vacan cies in county boards of health; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to composition of county boards of health, is amended by designating subsection (c) thereof as subsection (e) and by striking subsec tions (a) and (b) thereof and inserting in their place new subsections (a), (b), (c), and (d), to read as follows:
"(a) Each county board of health shall be composed of seven mem bers as follows:
(1) One member shall be the chief executive officer of the governing authority of the county, by whatever name called, or some member desig nated by him; in counties where the governing authority is the judge of the probate court of the county, he shall be the member so appointed;
(2) One member shall be the county superintendent of schools;
(3) One member, to be appointed by the governing authority of the county, shall be a physician actively practicing medicine in the county and licensed under Chapter 34 of Title 43, unless there is no physician actively practicing in the county who is willing and able to serve, in which case a person licensed as a nurse or dentist under Chapter 26 or

TUESDAY, FEBRUARY 21, 1984

1909

11, respectively, of Title 43, and actively practicing such profession in the county shall be appointed;
(4) Two members to be appointed by the governing authority of the county, at least one of which members shall be a consumer member who will represent on the board the county's needy, underprivileged, or eld erly community, and the other may be a member presently serving on the board who has the greatest seniority in terms of service on said board;
(5) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retarda tion, and substance abuse services; and
(6) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of environmental or preventive health services or any other services not having a consumer member under this Code section.
(b) The terms of the members of county boards of health serving as such on June 30, 1984, and who are serving in membership positions required to be filled by grand jury appointment, shall expire at the end of June 30, 1984, and upon the appointment and qualification of their suc cessors. For purposes of this subsection, that member with the least time remaining in that member's term shall be deemed to be succeeded by the member first appointed pursuant to paragraph (3) of subsection (a) of this Code section; that member with the next greatest time remaining in that member's term shall be deemed to be succeeded by the consumer member first appointed pursuant to paragraph (4) of subsection (a) of this Code section; and that member with the greatest time remaining in that member's term shall be deemed to be succeeded by the other than consumer member first appointed pursuant to paragraph (4) of subsec tion (a) of this Code section.
(c) The initial term of the member first appointed pursuant to para graph (3) of subsection (a) of this Code section and the initial term of the member first appointed pursuant to paragraph (5) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1985; the initial term of the consumer member first appointed pursu ant to paragraph (4) of subsection (a) of this Code section and the initial term of the member first appointed pursuant to paragraph (6) of subsec tion (a) of this Code section shall begin July 1, 1984, and expire Decem ber 31, 1987; and the initial term of the other than consumer member first appointed pursuant to paragraph (4) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1989. After these initial terms, members appointed pursuant to paragraphs (3), (4), (5), and (6) of subsection (a) of this Code section shall take office the first day of January immediately following the expiration of the im mediately preceding term of that office and serve terms of six years and until their successors are appointed and qualified. Vacancies in any such membership shall be filled, for the unexpired term and until a successor

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JOURNAL OF THE SENATE

is appointed and qualified, in the same manner as the original appointment.
(d) Persons holding office as members pursuant to paragraph (1) and (2) of subsection (a) of this Code section shall serve as members while holding their offices as chief executive officer of the governing au thority of the county and county superintendent of schools, respectively."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bryant of the 3rd offered the following substitute to HB 1068:

A BILL
To be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health; to authorize county boards of health to provide environ mental health services and to charge and collect environmental health ser vice fees under certain conditions; to provide that such fees may be charged to premises for inspecting said premises; to provide for the use of said fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia An notated, relating to county boards of health, is amended by designating sub section (c) of Code Section 31-3-2, relating to composition of county boards of health, as subsection (e) and by striking subsections (a) and (b) thereof and inserting in their place new subsections (a), (b), (c), and (d), to read as follows:
"(a) Each county board of health shall be composed of seven mem bers as follows:
(1) One member shall be the chief executive officer of the governing authority of the county, by whatever name called, or some member desig nated by him; in counties where the governing authority is the judge of the probate court of the county, he shall be the member so appointed;
(2) One member shall be the county superintendent of schools;
(3) One member, to be appointed by the governing authority of the county, shall be a physician actively practicing medicine in the county and licensed under Chapter 34 of Title 43, unless there is no physician actively practicing in the county who is willing and able to serve, in which case a person licensed as a nurse or dentist under Chapter 26 or 11, respectively, of Title 43, and actively practicing such profession in the county shall be appointed;
(4) Two members to be appointed by the governing authority of the county, at least one of which members shall be a consumer member who

TUESDAY, FEBRUARY 21, 1984

1911

will represent on the board the county's needy, underprivileged, or eld erly community, and the other may be a member presently serving on the board who has the greatest seniority in terms of service on said board;
(5) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retarda tion, and substance abuse services; and
(6) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of environmental or preventive health services or any other services not having a consumer member under this Code section.
(b) The terms of the members of county boards of health serving as such on June 30, 1984, and who are serving in membership positions required to be filled by grand jury appointment, shall expire at the end of June 30, 1984, and upon the appointment and qualification of their suc cessors. For purposes of this subsection, that member with the least time remaining in that member's term shall be deemed to be succeeded by the member first appointed pursuant to paragraph (3) of subsection (a) of this Code section; that member with the next greatest time remaining in that member's term shall be deemed to be succeeded by the consumer member first appointed pursuant to paragraph (4) of subsection (a) of this Code section; and that member with the greatest time remaining in that member's term shall be deemed to be succeeded by the other than consumer member first appointed pursuant to paragraph (4) of subsec tion (a) of this Code section.
(c) The initial term of the member first appointed pursuant to para graph (3) of subsection (a) of this Code section and the initial term of the member first appointed pursuant to paragraph (5) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1985; the initial term of the consumer member first appointed pursu ant to paragraph (4) of subsection (a) of this Code section and the initial term of the member first appointed pursuant to paragraph (6) of subsec tion (a) of this Code section shall begin July 1, 1984, and expire Decem ber 31, 1987; and the initial term of the other than consumer member first appointed pursuant to paragraph (4) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1989. After these initial terms, members appointed pursuant to paragraphs (3), (4), (5) and (6) of subsection (a) of this Code section shall take office the first day of January immediately following the expiration of the immedi ately preceding term of that office and serve terms of six years and until their successors are appointed and qualified. Vacancies in any such mem bership shall be filled, for the unexpired term and until a successor is appointed and qualified, in the same manner as the original appointment.
(d) Persons holding office as members pursuant to paragraph (1) or (2) of subsection (a) of this Code section shall serve as members while

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JOURNAL OF THE SENATE

holding their offices as chief executive officer of the governing authority of the county and county superintendent of schools, respectively."
Section 2. Said chapter is further amended by striking Code Section 31-3-4, relating to powers of county boards of health, in its entirety and substituting in lieu thereof a new Code Section 31-3-4 to read as follows:
"31-3-4. The county board of health is empowered to:
(1) Establish and adopt bylaws for its own governance. Meetings shall be held no less frequently than quarterly;
(2) Exercise responsibility and authority in all matters within the county pertaining to health unless the responsibility for enforcement of such is by law that of another agency;
(3) Take such steps as may be necessary to prevent and suppress disease and conditions deleterious to health and to determine compliance with health laws and rules, regulations, and standards adopted thereunder;
(4) Adopt and enforce rules and regulations appropriate to its func tions and powers, provided such rules and regulations are not in conflict with the rules and regulations of the department. Such rules and regula tions must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon the county board of health by this chapter;
(5) Receive and administer all grants, gifts, moneys, and donations for purposes pertaining to health pursuant to this chapter;
(6) Make contracts and establish fees for the provision of any and all mental health and other public health services provided by county boards of health, including but not limited to environmental health ser vices, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, prem ises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district direc tor of health. 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; and
(7) Contract with the Department of Human Resources or other agencies for assistance in the performance of its function and the exercise of its powers and for supplying services which are within its purview to perform, provided that such contracts and amendments thereto shall have first been approved by the department. In entering into any contracts to perform its functions and to exercise its powers, and for supplying ser vices which are within its purview to perform, any county board of health or any health district created under the authority of Code Section 31-315 shall be considered an agency and such agency shall have the author-

TUESDAY, FEBRUARY 21, 1984

1913

ity to contract with any other county board of health; combination of county boards of health; any other health district; public or private hospi tals; hospital authorities; medical schools; training and educational insti tutions; departments and agencies of the state; county or municipal gov ernments; persons, partnerships, corporations, and associations, public or private; the United States government or the government of any other state; or any other legal entity."
Section 3. 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 1068 offered by the Senate Committee on Human Resources as follows:
On Page 3, line 5, strike "1984" and replace with "1985"; On Page 3, line 23, strike "1984" and replace with "1985"; On Page 3, line 17, strike "1984" and replace with "1985"; On Page 3, line 18, strike "1985" and replace with "1986"; On Page 3, line 23, strike "1984" and replace with "1985"; and On Page 3, line 26, strike "1984" and replace with "1985".

On the adoption of the amendment, the yeas were 13, nays 27, and the amend ment was lost.

Senator Hine of the 52nd offered the following amendment:

Amend the substitute to HB 1068 offered by Senator Bryant of the 3rd as follows:
On Page 3, line 2, striking "1984" and replacing it with "1985";
On Page 3, line 5, striking "1984" and replacing it with "1985";
On Page 3, line 23, striking "1984" and replacing it with "1985";
On Page 3, line 24, striking "1985" and replacing it with "1986";
On Page 3, line 29, striking "1984" and replacing it with "1985"; and
On Page 3, line 32, striking "1984" and replacing it with "1986".

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JOURNAL OF THE SENATE

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

Senators Land of the 16th and Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 1068 offered by Senator Bryant of the 3rd by adding a new Section 3 to read as follows:
"Section 3. The provisions of this Act shall not apply to any consoli dated city-county government."
and
by renumbering Section 3 as Section 4.

On the adoption of the amendment, the yeas were 31, nays 4, and the amendment was adopted.

On the adoption of the substitute to HB 1068 offered by the Senate Committee on Human Resources, the yeas were 0, nays 35, and the committee substitute was lost.

On the adoption of the substitute to HB 1068 offered by Senator Bryant of the 3rd, the yeas were 34, 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 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 Barnes Bond Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram

Foster Garner Gillis Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

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

TUESDAY, FEBRUARY 21, 1984

1915

Those voting in the negative were Senators:

Brannon Brantley Brown of 47th Deal

Fincher Greene Harris

Harrison McKenzie Peevy

Those not voting were Senators:

Barker Bowen

Hill Stumbaugh

Tate Timmons

On the passage of the bill, the yeas were 40, nays 10.

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

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.
Senate Sponsor: Senator Lester of the 23rd.

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 1164 by adding on line 13 of Page 1 after the word and semicolon "foregoing;" the following:
"to provide an effective date;".
By renumbering Section 6 as Section 7 and by adding a new Section 6 to read as follows:
"Section 6. 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 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.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Harris 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 Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond

Bowen Garner

Stumbaugh

On the passage of the bill, the yeas were 51, nays 0.

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

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.
Senate Sponsor: Senator Bond of the 39th.

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

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

TUESDAY, FEBRUARY 21, 1984

1917

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engram Fincher

Foster Garner Gillis Greene Harris Harrison Mine Horton Howard Huggins Kennedy Kidd Land Lester McGill

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

Those voting in the negative were Senators:

Brown of 47th

Hudgins

Peevy

Those not voting were Senators:

Barker Bowen Bryant

English Hill

Holloway Stumbaugh

On the adoption of the resolution, the yeas were 46, nays 3.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Dawkins Deal Dean 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 Tate Thompson Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th Coleman

Coverdell English Howard

Stumbaugh Timmons Trulock

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

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

HB 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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to HB 1308:

A BILL
To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to provide for certain exceptions; to pro-

TUESDAY, FEBRUARY 21, 1984

1919

vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia An notated, relating to waste management, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
12-8-130. As used in this article, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(2) 'Discharge' means leakage, seepage, or other release of hazard ous materials on land or into a river, stream, lake, or other body of water or into the air.
(3) 'Hazardous materials' means any material which because of its quantity, concentration, or physical, chemical, or infectious characteris tics may:
(A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, dis posed of, or otherwise managed.
(4) 'Person' means an individual, partnership, association, corpora tion, firm, or other entity.
12-8-131. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or in preventing, cleaning up, or disposing of such a discharge or in attempting to prevent, clean up, or dispose of such a discharge shall be subject to civil liabilities or penal ties of any type.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or otherwise affect the liability of any person for damages or other civil liabilities or penalties of any type resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct.
(c) The immunities provided for in subsection (a) of this Code sec tion shall not apply to any person:
(1) Whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable therefor; or
(2) Who receives compensation other than reimbursement for out-

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of-pocket expenses for rendering the assistance or advice provided for in subsection (a) of this Code section.
12-8-132. Upon the request of the director, a person who provides assistance or advice under subsection (a) of Code Section 12-8-131 of this article shall file a written report with the director. The report shall be filed within five days of the director's request therefor and shall detail the assistance and advice rendered and, when applicable, the location and method of disposal of any hazardous materials disposed of as a part of such assistance or advice."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that HB 1308 be placed on the Table.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1308 was placed on the Table.

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.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 877:

A BILL
To be entitled an Act to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide additional types of cases in which an application shall be filed before an appeal is permitted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section. 1. Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for appeal is required, is amended by striking in its entirety subsection (a) of Code Section 5-6-35, and inserting in its place a new subsection (a) to read as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section:
(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, auditors, state and local

TUESDAY, FEBRUARY 21, 1984

1921

administrative agencies, and lower courts by certiorari or de novo pro ceedings; provided, however, that this provision shall not apply to deci sions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;
(2) Appeals from judgments or orders in divorce, alimony, child cus tody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders;
(3) Appeals from cases involving distress or dispossessory warrants;
(4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34;
(5) Appeals from orders revoking probation;
(6) Appeals in all actions for damages in which the judgment is $2,500.00 or less;
(7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial in civil cases only; and
(8) Appeals from orders under subsection (d) of Code Section 9-1160 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment."
Section 2. 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 877 offered by the Senate Committee on Judiciary and Constitutional Law by striking all matter on lines 6 and 7 of Page 2.
By striking from line 8 of Page 2 the designation "(4)" and inserting in lieu thereof the designation "(3)".
By striking from line 11 of Page 2 the designation "(5)" inserting in lieu thereof the designation "(4)".
By striking from line 12 of Page 2 the designation "(6)" and inserting in lieu thereof the designation "(5)".
By striking from line 14 of Page 2 the designation "(7)" and inserting in lieu thereof the designation "(6)".

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JOURNAL OF THE SENATE

By striking from line 17 of Page 2 the designation "(8)" and inserting in lieu thereof the designation "(7)".

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 Bond Brannon Brantley Brown of 47th Burton Coggin Coleman Coverdell Dawkins

Deal Engram Fincher Foster Garner Gillis Harrison Hine Howard

Huggins Kennedy Lester Peevy Scott of 2nd Scott of 36th Scott of 43rd Tate Walker

Those voting in the negative were Senators:

Barnes Bowen Broun of 46th Cobb Dean Greene Harris

Hill Horton Hudgins Kidd Land McGill McKenzie

Perry Phillips Reddish Trulock Turner Tysinger

Those not voting were Senators:

Barker Bryant English

Holloway Starr Stumbaugh

Thompson Timmons

On the adoption of the amendment, the yeas were 28, nays 20, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

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

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

TUESDAY, FEBRUARY 21, 1984

1923

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brantley Broun of 46th Burton Cobb Coggin Coleman Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Hudgins

Kennedy Land Lester McGill McKenzie Peevy Perry Phillips Reddish Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Brannon Brown of 47th Harrison

Howard Huggins Kidd Scott of 36th

Scott of 43rd Starr Tate

Those not voting were Senators:

Barker Bryant Coverdell

English Scott of 2nd Stumbaugh

Thompson Timmons Trulock

On the passage of the bill, the yeas were 36, nays 11.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend HB 984 by striking from line 13 of Page 1 the following:

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"A",

and inserting in its place the following: "In all cases in which the estate does not exceed $2,500.00, a'

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Land

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

Those not voting were Senators:

English Hill

Kidd McKenzie

Phillips 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.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

TUESDAY, FEBRUARY 21, 1984

1925

HB 1267. By Representatives Phillips of the 120th, Patten of the 149th, Manner 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.
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 Coverdell Dawkins Deal Dean

Engram Fincher Foster Gillis Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kidd Land Lester

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

Those not voting were Senators:

Bowen Coleman English Garner

Greene Horton Kennedy (presiding)

Phillips Scott of 36th Stumbaugh

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

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

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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.
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 Bowen Brannon Brantley Broun of 46th Bryant Burton Coggin Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kidd Land Lester McGill Peevy Perry Reddish Scott of 43rd Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brown of 47th Cobb English Garner Hill

Kennedy (presiding) McKenzie Phillips Scott of 2nd

Scott of 36th Starr Stumbaugh Tate

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

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

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-

TUESDAY, FEBRUARY 21, 1984

1927

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.
Senate Sponsor: Senator Barker of the 18th.

The Senate Committee on Human Resources offered the following substitute to HB 1058:

A BILL
To be entitled an Act to amend the Official Code of Georgia Anno tated, so as to authorize the disposition by sale or gift of a heart pacemaker at the death of the individual 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; to provide that funds from a sale made without direction from a contract or will shall be added to the estate of the decedent; to provide for exceptions; 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 44-5-142 of the Official Code of Georgia An notated, relating to definitions used in the "Georgia Anatomical Gift Act," is amended by striking in its entirety paragraph (5) of said Code section and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Part' means organs, tissues, eyes, bones, arteries, blood and other fluids, and any other portions of a human body. The term 'part' also means a heart pacemaker."
Section 2. Chapter 1 of Title 53 of the Official Code of Georgia An notated, relating to general provisions affecting wills, trusts, and administra tion of estates, is amended by adding at the end of said chapter a new Code Section 53-1-4 to read as follows:
"53-1-4. (a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pace maker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate.
(b) When persons in prior classes are not available at the time of death of a person having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a member of the same or a prior class, any of the fol lowing persons, in order of priority stated, may sell the heart pacemaker:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;

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JOURNAL OF THE SENATE

(5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or
(6) Any other person authorized or under obligation to dispose of the body.
(c) If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class, no valid sale may be made. The persons author ized by subsection (b) of this Code section may make the sale only after the time of death of the person having the heart pacemaker.
(d) Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent.
(e) Sales of pacemakers under this Code section shall be subject to:
(1) Medical acceptability of the heart pacemaker for reuse; and
(2) The laws of this state relating to autopsies.
(f) This Code section shall not apply to the sale or gift of a nuclearpowered pacemaker."
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 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Coggin Coleman Coverdell Dean Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land Lester

TUESDAY, FEBRUARY 21, 1984

1929

McGill
McKenzie Perry Reddish Scott of 2nd

Scott of 43rd Starr Tate Thompson

Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Bond
English Kennedy (presiding)

Phillips Scott of 36th

Stumbaugh Walker

On the passage of the bill, the yeas were 46, nays 3.

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

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.
Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Harris Harrison

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JOURNAL OF THE SENATE

Hill Hine Hollowa y "orton . HHouwdgairnds
Huggins
Kidd
Land

tester McGill McKenzie Perry Red,d-.lsh
Scott of 2nd
Scott of 36th
Scott of 43rd

Starr Tate Thompson Timmons ,,Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Coverdell English Greene

Kennedy (presiding) Peevy

Phillips Stumbaugh

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

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

The President resumed the Chair.

HB 1029. By Representatives Alien of the 127th, Triplet! 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.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Children and Youth offered the following substitute to HB 1029:

A BILL
To be entitled an Act 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 17 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 accompanied by a parent, guardian or other adult au-

TUESDAY, FEBRUARY 21, 1984

1931

thorized by the parent or guardian to have the responsibility of such child or unless the child had a legitimate excuse for being there; to provide penalties; to provide for counseling; to allow local regulations containing more strin gent conditions; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, so as to provide that the juvenile court shall have exclusive original jurisdiction over the persons committing the crime provided for in this Act; to provide an exception; to provide that a person who fails to waive a trial by jury shall be bound over to another court; to provide for the disposition of fines; to amend Code Section 17-7-71 of the Official Code of Georgia Annotated, relating to trial of defendants upon accusations in misdemeanor cases generally, so as to provide in cases arising out of the crime provided for in this Act, the defendant may be tried upon a summons; to provide for the issuance of a summons; to provide for the contents of such summons; to provide for court appearances; to provide for delivery of copies of summons; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding between Code Sections 16-11-36 and 16-11-37 a new Code Section 16-11-36.1 to read as follows:
"16-11 36.1 (a) It shall be unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 17 years knowingly to allow or permit such child to loiter or remain upon any street or public place between the hours of 12:00 Mid night and 5:00 A.M. of the following day, unless accompanied by a par ent, guardian, or other adult authorized by the parent or guardian to have the responsibility of such child or unless the child had a legitimate excuse for being there. A legitimate excuse may include, without limita tion, participation in school sponsored activities or church related activities.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) First offense: a fine of not more than $100.00; and
(2) Second or subsequent offense: a fine of not more than $300.00.
(c) In lieu of assessing a fine under subsection (b) of this Code sec tion, the court may require the person to undergo counseling designed to inform such person of the importance of a proper home environment and close supervision of minor children.
(d) This Code section shall not be construed as a limitation upon the power of local governments to enact local regulations more stringent than conditions contained in this Code section."
Section 2. Code Section 15-11-5 of the Official Code of Georgia An notated, relating to jurisdiction of the juvenile court, is amended by adding at the end of subsection (a) a new paragraph 3 to read as follows:

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"(3) Involving violations of Code Section 16-11-36.1, relating to criminal liability of a parent, guardian, or other person having custody or control of any child under the age of 17 years who allows or permits such child to loiter or remain upon any street or public place during certain hours. The juvenile court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases involving a violation of Code Section 16-11-36.1. No juvenile court shall have the power to dispose of cases involving violations of Code Section 16-11-36.1 unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the juvenile court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be empaneled. Any fines collected by the juvenile court from persons con victed of violating Code Section 16-11-36.1 shall be paid into the general fund of the county by the fifteenth day of each month."
Section 3. Code Section 17-7-71 of the Official Code of Georgia An notated, relating to trial of defendants upon accusations in misdemeanor cases generally, is amended by adding at the end of subsection (b) a new paragraph (3) to read as follows:
"(3) (A) When a person is arrested for a violation of Code Section 16-11-36.1, the arresting officer may, at his discretion, choose to issue to the offender a summons to appear before the juvenile court, every such summons shall show:
(i) That it is issued by authority of the law enforcement unit;
(ii) The name of the person summoned or, if the person to be sum moned refuses to give his name or the officer serving the summons be lieves the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such;
(iii) The offense with which the person being summoned is charged and the date and location of the alleged offense;
(iv) The location of the juvenile court and the day and hour at which he is summoned to appear;
(v) That failure to so appear is a violation of Georgia laws and sub ject to prosecution;
(vi) The date the summons is served; and
(vii) The name and official designation of the officer serving it.
(B) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance.
(C) The officer serving a summons pursuant to this paragraph shall, on or before the return date of the summons, deliver a copy thereof to the juvenile court before which it is returnable and shall file any information

TUESDAY, FEBRUARY 21, 1984

1933

and such affidavits as may be required with respect to the alleged offense."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that HB 1029 be placed on the Table.

On the motion, the yeas were 6, nays 32; the motion was lost, and HB 1029 was not placed on the Table.

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 Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Deal Dean Engram

Fincher Foster Gillis Greene Harris Harrison Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Perry Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Brown of 47th Dawkins

Garner Hill Hine

Howard Peevy

1934

JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell English

Phillips Scott of 36th

Stumbaugh

On the passage of the bill, the yeas were 43, nays 8.

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

Senator Hudgins of the 15th moved that HB 1029 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1029 was immediately transmitted to the House.

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.
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 Dawkins Deal Dean Engram Foster Garner Gillis Greene Harris Harrison Hill Hine

Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry

TUESDAY, FEBRUARY 21, 1984

1935

Reddish Scott of 2nd Scott of 43rd Starr

Tate Thompson Timmons Trulock

Turner Tysinger Walker

Those not voting were Senators:

Coverdell English

Fincher Phillips

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.

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 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; to repeal conflicting laws.

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

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.

1936

JOURNAL OF THE SENATE

The House substitute to SB 367 was as follows:
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 regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; to provide for exceptions; to provide for certain civil actions; to provide for attorneys' fees; to provide for penalties for certain violations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, is amended by adding at the end thereof a new Code section, to be designated Code Section 10-1-242, to read as follows:
"10-1-242. (a) It shall be unlawful for any refiner, producer, or manufacturer of automotive gasoline to commit any of the following acts:
(1) After July 1, 1984, to open a major brand, secondary brand, or unbranded service station for the retail sale of gasoline in the State of Georgia and to operate it with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing a service station on a fee arrangement with the refiner, producer, or manufacturer; or
(2) After July 1, 1985, to operate a major brand, secondary brand, or unbranded service station for the retail sale of gasoline in the State of Georgia with company personnel, a subsidiary company, or a commis sioned agent or under a contract with any person, firm, or corporation managing a service station on a fee arrangement with the producer or refiner; provided, however, an automotive gasoline distributor who is a refiner, producer, or manufacturer of automotive gasoline may operate any retail outlet temporarily, but not to exceed 365 days, to avoid the closing of said retail outlet while preparing to lease said outlet; provided this subsection shall not apply to an outlet which was owned and oper ated by such person or company on February 20, 1984.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) Any person, firm, or corporation which is engaged in the distri bution of gasoline at wholesale or at retail and which is directly or indi rectly affected by a violation of subsection (a) of this Code section may, for such violation, bring an action against a refiner, producer, or manu facturer in the superior court of the county where the refiner, producer, or manufacturer is a corporation and shall bring such action in accor dance with the provisions of Title 14 to recover damages sustained by reason of any violation of subsection (a) of this Code section. The court shall grant such equitable relief as is proper, including declaratory judg ment and injunctive relief. Attorneys' fees shall be controlled by Code Section 13-5-11."

TUESDAY, FEBRUARY 21, 1984

1937

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 Allgood of the 22nd moved that the Senate agree to the House substitute to SB 367.

Senator Tysinger of the 41st requested that the Chair rule on the germaneness of the House substitute to SB 367.

The Chair ruled the House substitute was germane to SB 367.

Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 367 as amended by the following amendment:

Amend the House substitute to SB 367 by striking from Section 1 on line 21 of Page 1 the following:
"1984",
and inserting in lieu thereof the following: "1985".
By striking from Section 1 on line 3 of Page 2 the following: "1985",
and inserting in lieu thereof the following: "1986".
By adding in Section 1 on line 18 of Page 2, immediately following the figure "1984" and preceding the period, the following:
"; provided, further, that this subsection shall not apply to any con venience store or food store which is engaged in the retail sale of gasoline".

On the motion offered by Senator Tysinger of the 41st, which motion takes prece dence, Senator Walker of the 19th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen

Brantley Broun of 46th

Brown of 47th Burton

1938
Coverdell Foster Harrison Kennedy

JOURNAL OF THE SENATE

Kidd Land Perry Phillips

Reddish Timmons Tysinger

Those voting in the negative were Senators:

Allgood Bond Brannon Bryant Cbb. Coggm Coleman Dawkins Deal
Dean
Engram
Fincher

Garner Gillis Greene Harris Hill Hme Holloway Horton Howard
Hudgins
Huggins
Lester

McGill McKenzie Peevy Scott of 2nd Scott of 43rd s !rarr if 16 Thompson
Trulock
Turner
Walker

Those not voting were Senators:

Barker English

Scott of 36th

Stumbaugh

On the motion offered by Senator Tysinger of the 41st, the yeas were 17, nays 35; the motion was lost, and the Senate did not agree to the House substitute to SB 367 as amended by the Senate.
On the motion offered by Senator Allgood of the 22nd, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dawkins Deal Dean Engram Fincher Garner
Gillis Greene Harris Harrison Hill Hine Holloway

Horton Howard Hudgins Huggins Kidd Lester
McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd

TUESDAY, FEBRUARY 21, 1984

1939

Starr

Thompson

Turner

Tate

Trulock

Walker

Those voting in the negative were Senators:

Burton Foster Kennedy

Land Phillips

Timmons Tysinger

Those not voting were Senators:

Barker English

Scott of 36th

Stumbaugh

On the motion, the yeas were 45, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 367.

The following report of the Senate Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 476.
Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18

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 4:36 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1940

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 22, 1984 Thirty-seventh 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 agreed to the Senate amendment to the following bill of the House:

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 countywide government of Columbus, so as to change the manner of publication of certain ordinances.

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

HB 1499. By Representative Ramsey of the 3rd: A bill to create the board of elections of Murray County.

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

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.

WEDNESDAY, FEBRUARY 22, 1984

1941

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 191. By Senator Hudgins of the 15th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term "law enforcement officer".

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

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.

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 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 38. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the amount owed which shall be shown on the summons; to provide an effective date.

1942

JOURNAL OF THE SENATE

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

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.

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

The House has rejected the report of the Committee of Conference No. 1 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 House has agreed to the Senate amendment to the following bill of the House:

HB 285. By Representatives Dean of the 29th, Adams of the 36th and Marcus of the 26th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large munici palities, so as to provide for the compensation of members of the board of any such authority.

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

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".

WEDNESDAY, FEBRUARY 22, 1984

1943

The House has passed by the requisite constitutional majority the following bills 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.

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 445. By Senators Turner of the 8th, tester 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 distributed dividends and distributions of business associations are presumed abandoned.

SB 112. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Code Section 20-2-520 of the Official Code of Georgia An notated, relating to school property and facilities, so as to authorize county boards of education and area boards of education to acquire, improve, and sell real or personal property in connection with the vocational educational curricula or program of such board; to provide an effective date.

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

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

SR 445. By Senator Foster of the 50th:
A resolution urging the Department of Transportation to designate the Robert L. Anderson Bridge.
Referred to Committee on Transportation.

1944

JOURNAL OF THE SENATE

SR 449. By Senator Scott of the 2nd:
A resolution creating the Public Utility Rate-making Process Study Committee. 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 resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 780. Do Pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

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 1023. HB 1166. HB 1169. HB 1196.

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

HB 1329. Do pass. HB 1362. Do pass. HB 1475. Do pass.

Respectfully submitted,

Senator Lester of the 23rd District, Chairman

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1016. Do pass as amended. HR 589. Do pass as amended.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

WEDNESDAY, FEBRUARY 22, 1984

1945

Mr. President:

The Committee on Education has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 434. 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 564. SB 565. HB 554. HB 1324. HB 1400. HB 1450. HB 1451. HB 1486. HB 1495. HB 1496. HB 1564. HB 1594. HB 1619.

Do pass. Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1633. HB 1636. HB 1639. HB 1641. HB 1643. HB 1644. HB 1645. HB 1646. HB 1647. HB 1653. HB 1656. HB 1657. HB 1668.

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

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following resolution of the House and has instructed me to report the same
back to the Senate with the following recommendation:

1946

JOURNAL OF THE SENATE

HR 733. Do pass by substitute. Respectfully submitted,

Mr. President:

Senator Scott of the 43rd District, Chairman

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

HB 1290. HB 518. HB 988. HB 1343.

Do pass. Do pass. Do pass. Do pass.

HB 434. HB 1344. HB 1123.

Do pass. Do pass. Do pass.

Respectfully submitted,

Mr. President:

Senator Greene of the 26th District, Chairman

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 423. Do pass as amended. SR 439. Do pass.

SR 447. Do pass.

Respectfully submitted,

Mr. President:

Senator Holloway of the 12th District, Chairman

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

HR 695. HR 696. HR 713.

Do pass. Do pass. Do pass.

HR 741. HB 1568. SR 431.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

WEDNESDAY, FEBRUARY 22, 1984

1947

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

SR 423. By Senator Holloway of the 12th:
A resolution to amend SR 3, relative to officials, employees, and committees of the Senate.

SR 439. By Senator Hudgins of the 15th:
A resolution creating the Senate Children and Youth Coordinating Council Study Committee.

SR 447. By Senators Kennedy of the 4th, Perry of the 7th, Bryant of the 3rd and others:
A resolution to create the Electric Membership Corporation Satellite Televi sion Study Committee.

SR 431. By Senator Reddish of the 6th:
A resolution urging the Department of Transportation to designate the Owen G. Lee Parkway.

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.

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.

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.

1948

JOURNAL OF THE SENATE

HB 1196. By Representatives Kilgore of the 42nd, Crosby of the 150th and Williams of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, so as to provide civil penalties for filing frivo lous income tax returns.

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.

HB 1362. By Representatives Bolster of the 30th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, so as to change the limita tion on the aggregate amount of taxes which may be levied on charges for rooms and lodging.

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 non-profit homes for the mentally handicapped.

HB 1568. By Representative Lane of the 27th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for operation of vehicles, so as to change the amount of license fees for the operation of motorcycles.

HR 695. By Representative Yeargin of the 14th:
A resolution designating the bridge on Georgia Highway 72 which spans Russell Lake and the Savannah River Basin as the Peyton S. Hawes Memo rial Bridge.

HR 696. By Representatives Wilson, Thompson and Cooper of the 20th and others:
A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.

WEDNESDAY, FEBRUARY 22, 1984

1949

HR 713. By Representatives Crosby of the 150th and Moore of the 139th:
A resolution designating the bridge on State Road 31, U.S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, as the Ensign Ashley D. Morris Memorial Bridge.

HR 733. By Representatives Bolster of the 30th and Wilson of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize the creation of special community improvement districts for the purpose of providing governmental services.

HR 741. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others:
A resolution naming the Ebenezer Church Road in Effingham County.

HR 780. By Representatives Byrd of the 153rd, Reaves of the 147th, Moody of the 153rd and others:
A resolution urging the Georgia congressional delegation to recognize the problems of farmers.

SB 564. By Senator Barnes of the 33rd:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the corporate limits of the city.

SB 565. By Senator Gillis of the 20th:
A bill to provide that the school superintendent of Toombs County School District shall be appointed by the board of education of Toombs County.

HB 554. By Representatives Barnes of the 90th, Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the composition of the board of education of Rich mond County and provide for new districts therefor.

HB 1324. By Representative Colbert of the 23rd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for staggered terms of members of the board of trustees of the county-wide library system.

1950

JOURNAL OF THE SENATE

HB 1400. By Representatives Thompson, Wilson and Cooper of the 20th and others: A bill to create the Cobb County Stadium Authority.

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 1486. By Representative Lane of the 27th:
A bill to amend an Act establishing a new charter for the City of East Point, Georgia, so as to change the date on which elections for filling the offices of mayor and council of the City of East Point, Georgia, shall be held.

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 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 1564. By Representative Adams of the 36th:
A bill to amend an Act providing for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County, so as to provide for the appointment of part-time magistrates.

HB 1594. By Representative Selman of the 32nd:
A bill to amend an Act establishing the charter of the City of Palmetto, so as to change the term of office of the mayor and councilmen.

WEDNESDAY, FEBRUARY 22, 1984

1951

HB 1619. 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 number of county commissioners.

HB 1633. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the number of commissioners.

HB 1636. By Representative Karrh of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the composition of the seven single-member election districts.

HB 1639. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to extend the jurisdiction and powers of the board of utilities commissioners of Catoosa County.

HB 1641. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

HB 1643. By Representative Ross of the 82nd: A bill to provide a new charter for the City of Lincolnton.

HB 1644. By Representative Ross of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the compensation of the members of the board of commissioners other than the chairman.

HB 1645. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Wilkes County.

HB 1646. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Warren County.

HB 1647. By Representative Ross of the 82nd:
A bill to abolish the office of treasurer of Warren County; to provide for county depositories.

1952

JOURNAL OF THE SENATE

HB 1653. By Representative Ross of the 82nd:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the boundaries of the commissioner districts.

HB 1656. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to change the composition of the board of commissioners.

HB 1657. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to provide for the election of members of the board of education of Turner County.

HB 1668. By Representative Yeargin of the 14th:
A bill authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, so as to establish and define wards within the City of Elberton for the purpose of electing members of the city council.

SR 434. By Senator Dawkins of the 45th: A resolution creating the Senate Textbook Study Committee.

HB 434. By Representatives Childs of the 53rd, Williams of the 48th, Williams of the 54th and others:
A bill to amend Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more so as to change the population classifi cation so that said Code section shall apply to all counties of this state hav ing a population of 450,000 or more according to the United States decen nial census of 1980 or any future such census.

HB 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.

WEDNESDAY, FEBRUARY 22, 1984

1953

HR 589. By Representatives Porter of the 119th, Lane of the 111th, Crawford of the 5th and others:
A resolution proposing an amendment to the Constitution, so as to provide that property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens.

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.

HB 1016. By Representatives Wilson of the 20th, Crosby of the 150th, Burruss of the 20th and Kilgore of the 42nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation.

HB 1123. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others:
A bill to amend Code Section 10-1-451 of the Official Code of Georgia An notated, relating to injunctions against infringement of registered trade marks or service marks, so as to authorize a court to order to require that a defendant pay to the owner of a registered trademark or service mark up to three times the profits derived from wrongful manufacture, etc., and up to three times all damages suffered by reason of such wrongful manufactures, etc., or both profits and damages.

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.

By Representative Daugherty of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, so as to provide that, in lieu of specifying a hearing date, notices of applications to judges of the probate courts for the granting of orders may specify that a person served must serve a response within ten days from the date of service.

1954

JOURNAL OF THE SENATE

HB 1344. By Representative Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to sales and conveyances by administrators and executors, so as to provide that notice of petition to sell real property shall be published in the county where the petition is filed and, if the property is in another county, shall also be published in the county where the property is located.

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 559. By Senator McGill of the 24th:
A bill to provide that the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County; to provide for the compensation of the 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.

SB 560. By Senator McGill of the 24th:
A bill to provide for the Board of Education of Wilkes County; to provide for election districts; to provide for qualifications; to provide for the election of the board of education.

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

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

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

SB 561. By Senator Reddish of the 6th:
A bill to provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older.

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

WEDNESDAY, FEBRUARY 22, 1984

1955

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

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

SB 562. By Senator Reddish of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, as amended, so as to change the corporate limits of said city.

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

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

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

SB 563. 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; to require candidates to run for certain posts within one dis trict; to provide for terms of office; to provide for the election of the chairman.

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

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

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

HB 870. By Representative Twiggs of the 4th:
A bill to amend an Act revising the charter of the City of Hiawassee in Towns County, so as to further revise said charter and to provide for all matters relating to the City of Hiawassee in Towns 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.

1956

JOURNAL OF THE SENATE

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.

The report 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 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.

The report 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 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.

The report 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 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.

WEDNESDAY, FEBRUARY 22, 1984

1957

The report 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 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.

The report 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 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.

The report 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 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.

The report 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.

1958

JOURNAL OF THE SENATE

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

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.

The report 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 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.

The report 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 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.

The report 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 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.

WEDNESDAY, FEBRUARY 22, 1984

1959

The report 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 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.

The report 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 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.

The report 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 1572. By Representative Bray of the 91st:
A bill to amend an Act incorporating the Town of Moreland, so as to change the corporate limits.

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

1960

JOURNAL OF THE SENATE

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

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

HB 1573. By Representatives Caldwell of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act abolishing the offices of tax receiver and tax collec tor of Floyd County and creating in their place the office of tax commis sioner, so as to provide for periodic increases in 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 50, nays 0.

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

HB 1574. By Representatives Caldwell of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act establishing compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to provide for periodic increases in the salary of the clerk of superior court.

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

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

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

HB 1577. By Representatives Porter of the 119th and Coleman of the 118th: A bill to make provisions for the Magistrate Court of Laurens County.

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

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

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

WEDNESDAY, FEBRUARY 22, 1984

1961

HB 1581. By Representatives Kilgore of the 42nd and Watts of the 41st: A bill to provide a board of elections for Douglas County.

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

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

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

HB 1582. By Representatives Matthews of the 145th and Royal of the 144th: A bill to make provisions for the Magistrate Court of Colquitt 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 1583. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other mem bers of the board.

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

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

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

HB 1584. By Representatives Kilgore of the 42nd and Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Douglasville, 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.

1962

JOURNAL OF THE SENATE

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

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

HB 1585. By Representative Lambert of the 66th:
A bill to provide for changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate to appoint constables.

The report 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 1587. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the composition of the 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 50, nays 0.

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

HB 1591. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the duties of the chairman.

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

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

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

WEDNESDAY, FEBRUARY 22, 1984

1963

HB 1592. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to authorize the members of the board to fix their compensa tion up to a maximum limit.

The report 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 1593. By Representatives Isakson of the 21st, Thompson of the 20th, Wilder of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to increase the number of assistant district attorneys.

The report 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 1595. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judge of the state court.

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

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

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

HB 1596. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the probate judge of Cobb County to the salary system, so as to provide for an additional deputy clerk of the Probate Court of Cobb County.

1964

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 50, nays 0.

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

HB 1598. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Miller County shall serve as chief magistrate of the Magistrate Court of Miller 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 1600. By Representative Phillips of the 120th: A bill to provide a new charter for the City of Soperton.

The report 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 1603. By Representative Coleman of the 118th: A bill to make provisions for the Magistrate Court of Dodge County.

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

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

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

WEDNESDAY, FEBRUARY 22, 1984

1965

HB 1605. By Representatives Bailey, Lee and 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 provide that appeals from the Probate Court of Clayton County shall be taken directly to the Court of Appeals or Supreme Court rather than to the Superior Court of Clayton 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 1606. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie so as to change provisions relating to the corporate limits of the city.

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

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

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

HB 1608. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act to abolish the fee system for the judge of the Pro bate Court of Union County and providing an annual salary for said officer, so as to change the provisions relative to the compensation and expenses 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.

1966

JOURNAL OF THE SENATE

HB 1609. By Representative Barnett of the 10th: A bill to create the Etowah-Forsyth Water 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 1610. By Representative Crawford of the 5th: A bill to make provisions for the Magistrate Court of Chattooga 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 1612. By Representative Long of the 142nd: A bill to provide a new charter for the City of Whigham.

The report 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 1613. By Representative Adams of the 79th:
A bill to provide a new charter for the City of Concord in the County of Pike.

The report 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.

WEDNESDAY, FEBRUARY 22, 1984

1967

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

HB 1614. By Representative Balkcom of the 140th:
A bill to provide that the judge of the Probate Court of Early County shall serve as chief magistrate of the Magistrate Court of Early 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 1616. By Representative Mostiler of the 75th:
A bill to provide for the imposition, collection, and disposition of costs in the Magistrate Court of Spalding County for the purpose of maintaining the county law library.

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

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

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

HB 1620. By Representatives Peters of the 2nd, Hays of the 1st and Ramsey of the 3rd:
A bill to provide for an additional homestead exemption of $2,000 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over.

The report 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.

1968

JOURNAL OF THE SENATE

HB 1622. By Representatives Dover and Irvin of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Habersham County in addi tion to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the board of trustees of the Habersham County Law Library.

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

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

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

HB 1625. By Representatives Byrd and Moody of the 153rd: A bill to create the State Court of Jeff Davis 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 1628. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a new charter for the City of Statesboro so as to provide that the recorder of the recorder's court of the City of States boro may reside anywhere within Bulloch County rather than within the City of Statesboro.

The report 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 1629. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County in lieu of fees, so as to change the provi sions relative to such salary.

WEDNESDAY, FEBRUARY 22, 1984

1969

The report 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 1632. By Representative Copelan of the 106th:
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 Putnam 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 50, nays 0.

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

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".

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1391:

A BILL
To be entitled an Act to create a commission to study the desirability and feasibility of creating a transportation or transit authority for Cobb County; to provide for the members of the commission to be appointed by the board of commissioners of Cobb County and the Cobb County Chamber of Commerce; to direct the commission to make a report of its findings to the Cobb County delegation of the General Assembly; 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. There is created a commission to study the desirability and feasibility of creating a transportation or transit authority for Cobb County. The commission shall consist of ten members. Five members shall be ap pointed by the board of commissioners of Cobb County and five members shall be appointed by the Cobb County Chamber of Commerce.

1970

JOURNAL OF THE SENATE

Section 2. The initial meeting of the commission shall be called by the board of commissioners of Cobb County. At the initial meeting the commis sion shall elect a chairman and such other officers as may be deemed neces sary; and the commission shall thereafter meet at the call of the chairman.
Section 3. The members of the commission shall not receive any com pensation from public funds and the commission shall have no authority to expend public funds.
Section 4. The commission shall undertake a study of the public transportation and mass transit needs of Cobb County. The commission shall determine whether these needs would be best served by the creation of a transportation or transit authority for Cobb County. The commission shall specifically determine whether in its judgment these needs would be best served by the enactment of legislation similar to House Bill 1391 of the 1984 General Assembly as originally introduced in or adopted by the House of Representatives.
Section 5. The commission shall make a report of its findings to the Cobb County delegation of the General Assembly no later than January 1, 1985, on which date the commission shall be abolished.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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

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

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

HB 1571. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change the compensation of the chairman of said board.

Senator Peevy of the 48th offered the following amendment:

Amend HB 1571 by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1985."

WEDNESDAY, FEBRUARY 22, 1984

1971

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.

HB 1623. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the composition of the Board of Education of Coweta County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1623:

A BILL
To be entitled an Act to provide for the composition of the Board of Education of Coweta County; to provide for the election and terms of office of the members of the board; to provide for filling vacancies on the board; 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. As used in this Act, the term:
(1) 'Board' means the Board of Education of Coweta County pro vided for in this Act.
(2) 'Constitutional amendment' means the amendment to the Con stitution of 1945 creating the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan which was ratified at the 1968 general election and which is set forth in Georgia Laws 1968, pages 1452 through 1466.
Section 2. (a) The Board of Education of Coweta County shall be composed of seven members who shall be elected as provided in this Act. All members of the board shall be at least 25 years of age at the time of their election and of good moral character.
(b) For the purpose of electing the members of the board, the Coweta County School District shall be divided into seven education districts as follows:

1972

JOURNAL OF THE SENATE

Education District 1 shall consist of the Coweta County School District in its entirety.
Education District 2 shall consist of the Coweta County School District in its entirety.
Education District 3 shall consist of that territory of the Coweta County School District within the following boundaries:
All of Coweta County that lies northerly and easterly of the following described boundary line, to-wit:
Begin where the centerline of Shell Road (County Road 10) intersects the northern boundary of Coweta County (which is the southern boundary of Fulton County) and run thence southerly along the centerline of Shell Road to the point of intersection with Tommy Lee Cook Road (County Road 553) where Shell Road terminates and becomes County Road 12; thence southerly along the centerline of County Road 12 to the point of intersection with the centerline of County Road 29; thence westerly along the centerline of County Road 29 to the point of intersection with the cen terline of County Road 21; thence southerly along the centerline of County Road 21 to the point of intersection with the centerline of County Road 19; thence southeasterly along the centerline of County Road 19 to its point of intersection with the centerline of the Newnan-Atlanta Road (State Route 14); thence southwesterly along the centerline of the Newnan-Atlanta Road to its point of intersection with the centerline of County Road 43; thence easterly and southerly along the centerline of County Road 43 to its point of intersection with the centerline of County Road 41; thence westerly along the centerline of County Road 41 to its point of intersection with the centerline of the Newnan-Atlanta Road; run thence southerly and westerly along the centerline of said Newnan-Atlanta Road to the centerline of a city street within the city limits of Newnan known as Elm Street; thence westerly along said centerline of Elm Street to the centerline of Carmichael Street; thence southerly along the centerline of Carmichael Street to the centerline of Clark Street; thence easterly along the centerline of Clark Street to the centerline of Kellogg Place; thence southerly along the centerline of Kellogg Place to the intersection of the centerline of Temple Avenue; thence easterly along the centerline of Temple Avenue to the centerline of Jackson Street; thence southerly along the centerline of Jackson Street to the centerline of Posey Place; thence easterly along the centerline of Posey Place to the cen terline of Jefferson Street; thence northerly and westerly along the centerline of Jefferson Street to the point of intersection of the Atlanta and West Point Railroad; thence southerly along the Atlanta and West Point Railroad to the point of intersection of the centerline of East Washington Street; thence easterly along the centerline of East Washington Street to the intersection of the centerline of Roberts Road; thence southerly along the centerline of Roberts Road to its point of intersection with the centerline of East Broad Street; thence southerly and easterly along the centerline of East Broad Street to the city limits of Newnan; thence northerly, easterly and northerly along the city limits of the City of Newnan to the point of intersection of the centerline of State Highway 34; thence easterly along the centerline of State Highway 34 to the point of intersection of the centerline of Interstate 85; thence southerly along the centerline of Interstate 85 to its point of in tersection with the centerline of a county road known as Big Poplar Road;

WEDNESDAY, FEBRUARY 22, 1984

1973

thence easterly and southerly along the centerline of Big Poplar Road to the point of intersection of the centerline of State Highway 16; thence easterly along the centerline of State Highway 16 to the city limits of Sharpsburg; thence easterly, southerly and northerly around the city limits of Sharpsburg to the centerline of Auger Road (also known as Mclntosh Trail); thence easterly along the centerline of Auger Road (also known as Mclntosh Trail) to its point of intersection with the centerline of County Road 71; thence southerly along the centerline of County Road 71 to its point of intersection with Keg Creek; thence southerly and easterly along the centerline of Keg Creek to its point of intersection with the centerline of a county road known as Byrom Road; thence northerly and easterly along the centerline of said Byrom Road and continuing along the centerline of Stallings Road to its point of intersection with the eastern boundary of Coweta County.
Education District 4 shall consist of that territory of the Coweta School District within the following boundaries:
All of Coweta County that lies southerly and easterly of the following boundary line, to-wit:
Begin at the point of intersection of the centerline of Stallings Road with the eastern boundary of Coweta County and from said beginning point, run thence southerly and westerly along the centerline of Stallings Road continuing along the centerline of Byrom Road to its point of intersection with Keg Creek; thence northerly and westerly along the meanderings of Keg Creek to its point of intersection with the centerline of County Road 71; thence northerly along the centerline of County Road 71 to its point of intersection with the center line of Auger Road; thence westerly along the centerline of Auger Road to its point of intersection with the eastern bound ary of the city limits of Sharpsburg; thence southerly and westerly around the city limits of the City of Sharpsburg to its point of intersection with the centerline of State Highway 16; thence westerly along the centerline of State Highway 16 to its point of intersection with the centerline of Big Pop lar Road; thence northerly and westerly along the centerline of Big Poplar Road to its point of intersection with the centerline of Interstate 85; thence northerly along the centerline of Interstate 85 to its point of intersection with the centerline of State Highway 34; thence westerly along the centerline of State Highway 34 to its point of intersection with the city limits of Newnan; thence southerly, westerly and southerly around the existing city limits of the City of Newnan to its point of intersection with the Atlanta and West Point Railroad; thence southerly along the centerline of the At lanta and West Point Railroad to its point of intersection with Pine Road; thence northwesterly along the centerline of Pine Road to its point of inter section with Old Corinth Road; thence southerly along the centerline of Old Corinth Road to its point of intersection with Potts Road; thence southerly along the centerline of Potts Road to its point of intersection with County Road 556; thence southeasterly along the centerline of County Road 556 to its intersection with the centerline of County Road 220; thence southerly along the centerline of County Road 220 to its point of intersection with the centerline of Bethlehem Church Road; thence easterly and southerly along the centerline of Bethlehem Church Road to its point of intersection with the centerline of Cline Road; thence southerly along the centerline of Cline Road to its point of intersection with the centerline of County Road 226; thence southerly and easterly along the centerline of County Road 226 to its

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point of intersection with the centerline of U.S. Highway 29 (State Route 14); thence southerly along the centerline of U.S. Highway 29 (State Route 14) to its point of intersection with the centerline of Levi Bradberry Road; thence in a southerly direction along the centerline of Levi Bradberry Road to its point of intersection with the northern boundary of the city limits the City of Grantville; thence easterly, southerly and westerly around the city limits of the City of Grantville to the point of intersection with the centerline of County Road 213; thence southerly along the centerline of County Road 213 to its point of intersection with County Road 209; thence south erly along the centerline of County Road 209 to its point of intersection with the southern boundary of Coweta County.
Education District 5 shall consist of that territory of the Coweta County School District within the following boundaries:
Begin at the point of intersection of the centerline of County Road 209 with the south line of Coweta County and from said point run thence northerly along the centerline of County Road 209 to the point of intersec tion with the centerline County Road 213; thence northerly along the cen terline of County Road 213 to its point of intersection with the city limits of the City of Grantville; thence easterly, northerly and westerly around the city limits of the City of Grantville to the point of intersection with the Levi Bradberry Road; thence northerly along the centerline of Levi Bradberry Road to its point of intersection with the centerline of U.S. Highway 29 (State Route 14); thence northeasterly along the centerline of U.S. Highway 29 (State Route 14) to the point of intersection with the centerline of County Road 226; thence westerly along the centerline of County Road 226 to its point of intersection with the centerline of Cline Road; thence north easterly along the centerline of Cline Road to the point of intersection with the centerline of Bethlehem Church Road; thence westerly and northerly along the centerline of Bethlehem Church Road to the point of intersection with the centerline of County Road 220; thence northerly along the centerline of County Road 220 to its point of intersection with County Road 556; thence easterly along the centerline of County Road 556 to its point of inter section with the centerline of Potts Road; thence northerly along the centerline of Potts Road to its point of intersection with the centerline of Old Corinth Road; thence easterly along the centerline of Old Corinth Road to its point of intersection with the centerline of Pine Road; thence southeast erly along the centerline of Pine Road to its point of intersection with the centerline of Atlanta and West Point Railroad; thence northerly along the centerline of Atlanta and West Point Railroad to the point of intersection with U.S. Highway 29; thence northerly along the centerline of U.S. High way 29 to its point of intersection with the centerline of Nimmons Street; thence westerly along the centerline of Nimmons Street to the point of inter section with the centerline of LaGrange Street; thence westerly and south erly along the centerline of LaGrange Street and Smokey Road to the point of intersection with the centerline of Belt Road; thence northerly along the centerline of Belt Road to the point of intersection with the centerline of Wallace Gray Road; thence westerly, along the centerline of Wallace Gray Road to its point of intersection with the centerline of Ingram Road; thence northerly along the centerline of Ingram Road to the point of intersection with the centerline of Westside School Road; thence northerly along the centerline of Westside School Road to its point of intersection with the cen terline of Heery Road; thence northerly along the centerline of Heery Road

WEDNESDAY, FEBRUARY 22, 1984

1975

to the point of intersection with the centerline of Franklin Road; thence easterly along the centerline of Franklin Road to the point of intersection with the centerline of Loblolly Drive; thence northerly along the centerline of Loblolly Drive to the point of intersection with the centerline of Beech Street; thence easterly along the centerline of Beech Street to the point of intersection with the centerline of Mulberry Street; thence northerly along the centerline of Mulberry Street to the point of intersection with the cen terline of Carrollton Highway (also known as State Route 16 West); thence northwesterly along the centerline of said Carrollton Highway to the point of intersection with the centerline of Glover Road; thence continue along the centerline of Glover Road to a point where said Glover Road intersects with County Road 304; thence southerly along the centerline of County Road 304 to its point of intersection with the centerline of County Road 305; thence southerly along the centerline of County Road 305 to its point of intersection with Welcome Road; thence westerly along the centerline of Welcome Road to its point of intersection with Wahoo Creek; thence northerly and westerly along the meanderings of Wahoo Creek to the point of intersection with the Chattahoochee River and the boundary of Coweta County.
Education District 6 shall consist of that territory of the Coweta County School District within the following boundaries:
Begin at the point of intersection of the centerline of Lower Fayetteville Road (also known as East Broad Street) at its point of intersection with the present city limits of Newnan and run thence southwesterly along the city limits of Newnan to its point of intersection with the Atlanta and West Point Railroad; thence northerly along the centerline of the Atlanta and West Point Railroad to the point of intersection of the centerline of U.S. Highway 29; thence northerly along the centerline of U.S. Highway 29 to its point of intersection with the centerline of Nimmons Street; thence west erly along the centerline of Nimmons Street to its point of intersection with the centerline of LaGrange Street; thence southerly and westerly along the centerline of LaGrange Street and continuing along the centerline of Smokey Road to its point of intersection with the centerline of Belt Road; thence northerly along the centerline of Belt Road to its point of intersection with the centerline of Wallace Gray Road; thence westerly along the centerline of Wallace Gray Road to its point of intersection with the centerline of Ingram Road; thence northerly along the centerline of Ingram Road to its point of intersection with the centerline of Westside School Road; thence easterly along the centerline of Westside School Road to its point of inter section with the centerline of Heery Road; thence northerly and westerly along the centerline of Heery Road to its point of intersection with the cen terline of Franklin Road (also State Highway 34); thence northeasterly along the centerline of Franklin Road to its point of intersection with Tem ple Avenue; thence easterly along the centerline of Temple Avenue to the point of intersection of the centerline of Jackson Street; thence southerly along the centerline of Jackson Street to the point of intersection with the centerline of Posey Place; thence easterly along the centerline of Posey Place to the point of intersection of the centerline of Jefferson Street and Bullsboro Drive; thence northerly and easterly along the centerline of Jefferson and Bullsboro Drive to its point of intersection with the centerline of the Atlanta and West Point Railroad; thence southerly along the centerline of Atlanta and West Point Railroad to its point of intersection with the center-

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line of East Washington Street; thence easterly along the centerline of East Washington Street to its point of intersection with the centerline of Roberts Road; thence southerly along the centerline of Roberts Road to its point of intersection with the centerline of East Broad Street; thence southerly and easterly along the centerline of East Broad Street to its point of intersection with the city limits of Newnan and the point of beginning.
Education District 7 shall consist of that territory of the Coweta County School District within the following boundaries:
All of Coweta County and a portion of the City of Newnan that lies northerly and westerly of the following described line, to-wit:
Begin where the centerline of Shell Road (County Road 10) intersects the northern boundary of Coweta County (which is the southern boundary of Fulton County) and run thence southerly along the centerline of Shell Road to the point of intersection with Tommy Lee Cook Road (County Road 553) where Shell Road terminates and becomes County Road 12; thence southerly along the centerline of County Road 12 to the point of intersection with the centerline of County Road 29; thence westerly along the centerline of County Road 29 to the point of intersection with the cen terline of County Road 21; thence southerly along the centerline of County Road 21 to the point of intersection with the centerline of County Road 19; thence southeasterly along the centerline of County Road 19 to its point of intersection with the centerline of the Newnan-Atlanta Road (State Route 14); thence southwesterly along the centerline of the Newnan-Atlanta Road to its point of intersection with the centerline of County Road 43; thence easterly and southerly along the centerline of County Road 43 to its point of intersection with the centerline of County Road 41; thence westerly along the centerline of County Road 41 to its point of intersection with the centerline of the Newnan-Atlanta Road; run thence southerly along the centerline of the Newnan-Atlanta Road to its point of intersection with the centerline of Elm Street; thence westerly to the point of intersection of the centerline of Carmichael Street; thence southerly along the centerline of Carmichael Street to its point of intersection with the centerline of Clark Street; thence easterly along the centerline of Clark Street to its point of intersection with Kellogg Place; thence southerly along the centerline of Kellogg Place to its point of intersection with the centerline of Temple Avenue; thence westerly along the centerline of Temple Avenue to its point of intersection with the centerline of Franklin Road; thence westerly along the centerline of Frank lin Road to its point of intersection with the centerline of Loblolly Drive; thence northerly along the centerline of Loblolly Drive to its point of inter section with Beech Street; thence easterly along the centerline of Beech Street to its point of intersection with Mulberry Street; thence northerly along the centerline of Mulberry Street to its point of intersection with the centerline of Carrollton Highway (also known as State Highway 16); thence northwesterly along the centerline of Carrollton Highway to its point of in tersection with the centerline of Glover Road; thence continue along the centerline of Glover Road to a point where said Glover Road intersects with County Road 304; thence southerly along the centerline of County Road 304 to its point of intersection with the centerline of County Road 305; thence southerly along the centerline of County Road 305 to its point of intersection with Welcome Road; thence westerly along the centerline of Welcome Road to its point of intersection with Wahoo Creek; thence

WEDNESDAY, FEBRUARY 22, 1984

1977

northerly and westerly along the meanderings of Wahoo Creek to its point of intersection with the Chattahoochee River and the boundary of Coweta County.
(c) Any portion of the Coweta County School District which is not in cluded within Education Districts 3 through 7 described in subsection (b) of this section shall be included within that Education District 3 through 7 which is contiguous to such portion and which has the least population ac cording to the United States decennial census of 1980.
Section 3. (a) Candidates offering for election to the board shall des ignate the education district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to the board unless such person shall have been a bona fide resident of the education district for which such person is offering at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in Section 5 of this Act. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in sub section (b) of this section.
(b) The members of the board shall be nominated and elected at nonpartisan primaries and elections. The nonpartisan primaries shall be held on the same date as the general primary in the years during which general primaries are held and the nonpartisan elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this Act, each member of the board shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code."
Section 4. (a) The first members of the board from Education Dis tricts 1, 3, 4, and 7 shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and general election of 1986 and shall take office on the first day of January, 1987, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and election which is held immediately preceding the expi ration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The members elected in 1986 from Ed ucation Districts 1, 3, and 7 as provided in this subsection shall be the suc cessors to the members of the Board of Education of Coweta County who were elected pursuant to the constitutional amendment from Divisions 1, 3, and 7 and whose regular terms of office expire on December 31, 1986. The member elected in 1986 from Education District 4 as provided in this sub section shall be the successor to the member of the Board of Education of Coweta County who was elected pursuant to the constitutional amendment from Division 4 and whose regular term of office expires on December 31,

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1985, and the term of office of such member is extended to expire on De cember 31, 1986. For the period beginning January 1, 1987, and ending on January 1, 1988, the board shall consist of the four members elected as
provided in this subsection and the remaining three members of the Board of Education of Coweta County who were elected pursuant to the constitu tional amendment.

(b) The first members of the board from Education Districts 2, 5, and 6 shall be elected as provided in subsection (b) of Section 3 of this Act at the general primary and general election of 1988 and shall take office on the first day of January, 1989, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected as pro vided in subsection (b) of Section 3 of this Act at the general primary and election which is held immediately preceding the expiration of terms of of fice and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The member elected in 1988 from Education District 2 as provided in this subsection shall be the successor to the member of the Board of Education of Coweta County who was elected pursuant to the con stitutional amendment from Division 2 and whose regular term of office will expire on December 31, 1988. The members elected in 1988 from Education Districts 5 and 6 as provided in this subsection shall be successors to the members of the Board of Education of Coweta County who were elected pursuant to the constitutional amendment from Divisions 5 and 6 and whose regular terms of office expire on December 31, 1987, and the terms of office of such members are extended to expire on December 31, 1988. On January 1, 1989, and thereafter, the board shall be composed of members elected pursuant to this Act.

Section 5. In the event of a vacancy on the board by death, resigna tion, removal of residence from the education district from which elected, or for any other reason, such vacancy shall be filled for the unexpired term by majority vote of the remaining members of the board. Any person appointed by the board to fill a vacancy shall meet the residency requirements and possess the qualifications provided by this Act to hold office as a member of the board.

Section 6. Except for the provisions of this Act in conflict therewith, the provisions of the constitutional amendment shall apply to the board pro vided for by this Act.

Section 7. It shall be the duty of the election superintendent of Coweta County to issue the call for an election for the purpose of submitting this Act to the electors of the Coweta County School District for approval or rejection. The election superintendent shall set the date of such election for the same date as the general election held in 1984. The election superinten dent shall issue the call for such election at least 30 days, but not more than 45 days, prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Coweta County. The ballot shall have written or printed thereon the words:

WEDNESDAY, FEBRUARY 22, 1984

1979

"[ ] YES [ ] NO

Shall the Act providing for the nonpartisan election of two members at large and five members from education
districts of the Board of Education of Coweta County and establishing terms of office of four years for the members of said board of education 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 as provided in Section 8 of this Act, but otherwise it shall be void and of no force and effect.

The expense of such election shall be borne by Coweta County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.

Section 8. This Act shall be effective as follows:

(1) For the purpose of holding the referendum provided for in Sec tion 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law; and

(2) If approved at said referendum:

(A) The provisions of this Act necessary for the election of the members of the Board of Education of Coweta County at the 1986 gen eral primary and election as provided in this Act shall be effective on January 1, 1986; and

(B) This Act shall be effective for all purposes on January 1, 1987.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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

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

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

Senator Cobb of the 28th moved that HB 1623 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1623 was immediately transmitted to the House.

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HB 1624. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected; to change the composition of the members of said board.

Senator Walker of the 19th offered the following substitute to HB 1624:

A BILL
To be entitled an Act to amend an Act creating a board of commission ers of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the composition of the districts from which members of the board of commissioners are elected; to provide for the man ner of election and terms of said board; to change the compensation of the members of said board; to change the times of meetings of said board; to repeal an Act changing the composition of the districts from which members of the board of commissioners are elected, approved March 18, 1983 (Ga. L. 1983, p. 4334); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, is amended by adding after Section 1 a new Section 1A to read as follows:
"Section 1A. (a) The members of the board of commissioners of Jeff Davis County serving on the effective date of this Act shall continue to serve until the expiration of their terms of office. For the purpose of electing members of the board of commissioners of Jeff Davis County in 1984 and thereafter, Jeff Davis County is divided into five commissioner districts. One member shall be elected from each commissioner district by majority vote of the qualified voters within such commissioner district. Each such commissioner district shall consist of a portion of Jeff Davis County, described as follows:
District Number 1:
Beginning at the intersection of the Altamaha River and U.S. High way 221 (GA 135) and proceeding southward along this Highway to its intersection with the Southern Railroad line within the municipal bound aries of the City of Hazlehurst. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U.S. Highways 341 & 23 (GA 19 & 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River.

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1981

District Number 2:
Beginning at the intersection of the Altamaha River and U.S. High way 221 (GA 135) and proceeding southward along this highway to its intersection with the Southern Railroad line within the municipal bound aries of the City of Hazlehurst. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U.S. Highway 23 (GA 19). The District line then proceeds southeastward along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then fol lows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties.
District Number 3:
Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U.S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it inter sects with County Road 293. The District line then follows CR 293 north to its intersection with U.S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U.S. Highway 221 (GA 135) and Geor gia Highway 268. The District line then follows U.S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The Dis trict line then turns southeast and follows the Railroad line to the munic ipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersec tion with U.S. Highway 23 (GA 19). The District line then proceeds southeast along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its inter section with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties.
District Number 4:
Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 249 where it follows CR 249 west to U.S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it inter sects with County Road 293. The District line then follows CR 293 north to its intersection with U.S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U.S. Highway 221 (GA 135) and Geor gia Highway 268. The District line then follows GA 268 to its intersec tion with County Road 8 and then follows County Road 8 to its intersec tion with County Road 10. The District line then follows County Road 10 south to its intersection with GA 268 where it proceeds southwest to

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the intersection with Georgia Highway 107. The District line then fol lows GA 107 west to the Coffee County line.
District Number 5:
Beginning at the intersection of the Coffee County line and Georgia Highway 107 and proceeding east to the intersection with Georgia High way 268. The District line then follows GA 268 northeast to its intersec tion with County Road 10 where it follows CR 10 to its intersection with County Road 8. The District line then follows County Road 8 east to its intersection with GA 268 where it proceeds northeast to the intersection with U.S. Highway 221 (GA 135). The District line then follows U.S. Highway 221 (GA 135) north to its intersection with the Southern Rail road line. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U.S. Highways 341 & 23 (GA 19 & 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersec tion with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River.
(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 O.C.G.A., known as the 'Georgia Election Code.'
(c) Members of the board of commissioners elected pursuant to sub section (a) of this section and future successors to such members shall take office on the first day of January immediately following their elec tion and they shall serve for terms of office of four years and until their successors are elected and qualified.
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $250.00 per month. The other members of the board shall be compen sated in the amount of $200.00 per month, and the clerk shall be com pensated in the amount not to exceed $200.00 per month. Such compen sation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise for any services or expenses incurred within Jeff Davis County. Should it become necessary for any member of said board to transact business for the county outside the limits of Jeff Davis County, then his expenses only shall be paid out of the general funds of the county."
Section 3. Said Act is further amended by striking the first unnum bered paragraph of Section 6 and inserting in lieu thereof the following paragraph:
"The board of commissioners shall hold a regular meeting on the second Tuesday of each month. At the first meeting of the members of the board held immediately following their election, the judge of the Pro-

WEDNESDAY, FEBRUARY 22, 1984

1983

bate Court of Jeff Davis County shall turn over to them all records, books, and official records pertaining and belonging to the county con nected with the business of the county, together with all county property, a full inventory of the same, and a full and complete statement showing the financial condition of the county. A complete audit of the books of said county shall be made at this time by a certified public accountant. At this meeting, or as soon thereafter as practicable, the board of com missioners shall organize by electing one of the members as chairman and one as vice-chairman. Any chairman or vice-chairman shall hold his office until his successor is elected, and nothing in this Act shall prevent the reelection of any chairman or vice-chairman."
Section 4. An Act entitled "An Act to amend an Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the composition of the districts from which members of the board of commissioners are elected; to provide an effective date; to repeal conflicting laws; and for other purposes.", ap proved March 18, 1983 (Ga. L. 1983, p. 4334), is repealed in its entirety.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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.

HB 1631. By Representatives Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to amend, change, and redefine the road districts in Coweta County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

1984

JOURNAL OF THE SENATE

Amend HB 1631 by striking lines 28 and 29 of Page 8 and inserting in lieu thereof the following:
"the center line of Happy Valley Road to the centerline of Edgeworth Road; thence southeasterly along the centerline of Edgeworth Road to its point of intersection with the centerline of U.S. Highway 29; thence southwesterly along the centerline of U.S. Highway 29 to its point of intersection with the centerline of Herring Road; thence southeasterly and southerly along the centerline of Herring Road to its point of inter section with the centerline of Green Top Road; thence westerly along the centerline of Green Top Road to its point of intersection with the centerline of U.S. Highway 29;".
By striking lines 11 through 13 of Page 11 and inserting in lieu thereof the following:
"to its intersection with the center line of Green Top Road; thence easterly along the centerline of Green Top Road to its point of intersec tion with the centerline of Herring Road; thence northwesterly and west erly along the centerline of Herring Road to its point of intersection with the centerline of U.S. Highway 29, thence northeasterly along the centerline of U.S. Highway 29 to its point of intersection with the centerline of Edgeworth Road; thence northwesterly along the centerline of Edgeworth Road to its intersection with the center line of Happy Valley Road; thence in a northerly direction along the center line of Happy Valley".
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 as amended, 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 as amended.
Senator Cobb of the 28th moved that HB 1631 be immediately transmitted to the House.
On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1631 was immediately transmitted to the House.

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".

WEDNESDAY, FEBRUARY 22, 1984

1985

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 1274 by adding on Page 2, line 7, after the word "Registra tion" the following:
"(HB 1272)".

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 as amended, 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 as amended.

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

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

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

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

Those not answering were Senators:

Coggin Coverdell Deal

Dean Howard Hudgins

Perry Scott of 36th Tate

1986

JOURNAL OF THE SENATE

Senator Dawkins of the 45th introduced the chaplain of the day, Reverend James A. Clark, of Conyers, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 441. By Senator Kidd of the 25th:
A resolution commending Lieutenant Colonel Joseph H. Stargel, Jr., United States Marine Corps Reserve.

SR 444. By Senator Dean of the 31st: A resolution commending the Rockmart High School Wrestling Team.

SR 448. By Senators Tysinger of the 41st, Kidd of the 25th and Coleman of the 1st. A resolution expressing appreciation to the Georgia Institute of Technology.

SENATE RULES CALENDAR

Wednesday, February 22, 1984

THIRTY-SEVENTH LEGISLATIVE DAY

HB 1473 SR 387 SR 388 SR 391 SR 426 SR 432 HB 949 HB 1278 HB 1191 HB 1187 HB 1045

Wine Regulation, Taxation--redefine farm winery (Gov Op--25th)
Peace Officers' Annuity and Benefit Fund Study Committee--create (Ret--34th)
University System Eminent Scholars Endowment Trust Fund--create study committee (H Ed--46th)
Study Committee on Contract Percentage Retainages by Owners, Contractors--create (I&L--37th)
Senate Study Committee Concerning Federal Appropriations to Georgia--create (Gov Op--25th)
Georgia School Board Members--urge to participate in training and developmental activities (Ed--50th)
Handicapped Parking Law--violation constitute misdemeanor (SUB STITUTE) (Judy--26th)
Identification Cards--Public Safety may issue when no driver's li cense (J&CL--33rd)
Sheriffs' Deputies--merit board to hear appeals from actions against (Pub Saf--45th)
County Tax Collectors, Commissioners--time to pay taxes to county officials (FS&CA-G--17th)
Appropriations, 1984-85--provide (SUBSTITUTE) (Approp--12th)

WEDNESDAY, FEBRUARY 22, 1984

1987

HB 1346 HB 1314 HB 840 HB 1242 HB 1025 HB 987 HR 572 HB 1356 HR 655 HR 706 HR 185 HB 1373 HB 1354 HB 274 HB 1067 HR 675 HB 1312 HB 1526 HB 1250 HB 1265 HB 1512 HB 1326 HB 1010 HB 839

Certain Public Water Systems--provide for performance bond (NREQ--28th)
Court Bailiffs--change provisions on compensation (J&CL--17th)
County and Regional Public Libraries--change provisions (SUBSTI TUTE) (Ed--10th)
Active, Passive Solar Energy Systems--tax credit for cost (I&L--19th)
Motor Vehicle Liability Insurance--increase certain coverages (AMENDMENT) (Ins--49th)
Uniform Management of Institutional Funds Act--enact (Gov Op--49th)
Henry County--conveyance of certain state-owned property to Board of Regents (SUBSTITUTE) (Pub U--17th)
Unregistered Motor Trucks--change fee provisions (Trns--35th)
South Oaks Road in Dooly County--naming (Trns--13th)
"Thomas B. Murphy Ballroom" of World Congress Center--designate (Gov Op--1st)
Homestead Exemption to Disabled Veterans--change amount (B&F--23rd)
Firearm Regulation--issue of state-wide concern (SUBSTITUTE) (J&CL--26th)
Delinquent--court may require study course when no high school di ploma (C&Y--15th)
Teachers' Retirement--credit for serving in Virgin Islands, Puerto Rico, District of Columbia (Ret--27th)
State Purchasing--preference to vendors who are Georgia residents (Gov Op--25th)
Joint Committee to Study the Standard Need with Respect to AFDC Payments--create (Hum R--42nd)
Clayton Judicial Circuit Superior Court Judges--increase to four (Judy--44th)
South Georgia Judicial Circuit Superior Court Judges--supplemental compensation (Judy--10th)
Hunting on Lands Belonging to Another--carry owner authorization (NREQ--16th)
Surviving Joint Tenant--protection unrecorded instruments (J&CL--33rd)
Georgia Institute of Technology--special license plates to commemo rate centennial (Trns--1st)
Acquiring Professional Services by Architects, Engineers, Etc.--state control (I&L--43rd)
Public Utilities and Transportation--redefine "private carrier" (AMENDMENT) (Pub U--41st)
Existing Buildings--application of fire codes (I&L--19th)

1988

JOURNAL OF THE SENATE

HB 910 HB 602 HB 542 HB 1059 HB 1206

Counties--adopt ordinances for unincorporated areas (FS&CAG--49th)
Juvenile Proceedings--new Article 2 on termination of parental rights (SUBSTITUTE) (C&Y--15th)
Corporations--provide for venue in garnishment proceedings (J&CL--26th)
Real Estate Branch Offices--no requirement of license (SUBSTI TUTE) (I&L--44th)
Local Insurance Taxes--population treatment in levying inactive mu nicipal corporation (SUBSTITUTE) (FS&CA-G--43rd)

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 1473. By Representatives Dunn of the 73rd and Pettit of the 19th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation and taxation of wine, so as to change the definition of farm winery.
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 Bryant Cobb Coggin Coleman 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 43rd Stumbaugh

WEDNESDAY, FEBRUARY 22, 1984

1989

Tate Timmons

Trulock Turner

Tysinger Walker

Those voting in the negative were Senators:

Brown of 47th Burton

Dawkins Starr

Thompson

Those not voting were Senators:

Coverdell

Fincher

Scott of 36th

On the passage of the bill, the yeas were 48, nays 5.
The bill, having received the requisite constitutional majority was passed.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SR 387. By Senators Engrain 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.
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 Foster Gillis Greene Harris Harrison

Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill

1990
McKenzie Peevy Perry Phillips Reddish Scott of 2nd

JOURNAL OF THE SENATE

Scott of 36th Scott of 43rd Starr Stumbaugh Tate
Thompson

Timmons Trulock T lurner Tysmger
Walker

Those not voting were Senators:

Allgood

Fincher

Garner

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 503 by adding in Section 1 at the end of line 21 of Page 1 the following:
"and".
By striking from Section 1 on line 24 of Page 1 the following: "; and",
and inserting in lieu thereof the following:

By striking from Section 1, beginning on line 25 of Page 1, the following:
"(3) Has two years of college or four years' experience as a county commissioner.'"
Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 503.

WEDNESDAY, FEBRUARY 22, 1984

1991

On the motion the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 503.

The following resolutions and bill of the Senate and House, favorably reported by the committees, were read the third time and put upon their adoption.

SR 388. By Senator Broun of the 46th:
A resolution creating a study committee for a university system eminent scholars endowment trust fund.

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 Coverdell Dawkins Deal English

Engram Foster Garner Greene Harris Harrison Hill Hine Holloway 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

Those not voting were Senators:

Bond Coleman Dean

Fincher Gillis Horton

Howard Scott of 2nd

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

1992

JOURNAL OF THE SENATE

SR 391. By Senator Harrison of the 37th: A resolution creating a study committee on contract percentage retainages by owners and contractors.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Bowen

Dawkins Hudgins

Starr Turner

On the adoption of the resolution, the yeas were SO, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 426. By Senators Kidd of the 25th, Scott of the 43rd and Hudgins of the 15th: A resolution creating the Senate Study Committee Concerning Federal Ap propriations to Georgia.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

WEDNESDAY, FEBRUARY 22, 1984

1993

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 Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Greene Hill Hine 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 Thompson
Timmons Trulock
Turner Tysinger Walker

Those not voting were Senators:

Barker Deal Garner

Gillis Harris Harrison

Howard Hudgins

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 432. By Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th: A resolution urging school board members in Georgia to participate in train ing and developmental activities.
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

1994
Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Dean English Engram Foster Garner

JOURNAL OF THE SENATE

Greene Harrison
Hill Hine Huggins
Kennedy Kidd Land Lester
McGill 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:

Barker
Broun of 46th Coleman
Deal Fincher

Gillis
Harris Holloway
Horton Howard

Hudgins McKenzie
phllh Ps Starr

On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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.
Senate Sponsor: Senator Greene of the 26th.
The Senate Committee on Judiciary offered the following substitute to HB 949:
A BILL
To be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handi capped Parking Law," so as to change certain definitions; to change the provisions prohibiting the stopping, standing, or parking of vehicles in handi capped parking places; to authorize ambulances or emergency vehicles to stop in handicapped parking places; to change the provisions relating to pen alties and fines; to provide under certain circumstances for towing away of vehicles illegally parked in handicapped parking places; to change the provi-

WEDNESDAY, FEBRUARY 22, 1984

1995

sions relating to signs; to provide that such laws shall be applicable to both public and private property; to provide for enforcement; 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 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows:
"40-6-221. As used in this part, the terms:
(1) 'Handicapped parking place' means any area on public or pri vate property which has been designated as reserved for use of handi capped persons by any pavement marking or any sign erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the word 'handicap' or 'handicapped,' or a sym bol representing a person in a wheelchair and the words: 'Tow-Away Zone.'
(2) 'Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility.
(3) 'Institution' means an institution for which a permit or condi tional permit may be issued under Article 1 of Chapter 7 of Title 31.
(4) 'Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days.
(5) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days."
Section 2. Said part is further amended by striking Code Section 406-225, relating to offenses and penalties, and inserting in lieu thereof a new Code Section 40-6-225 to read as follows:
"40-6-225. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222.
(b) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this subsection shall prevent an am bulance or emergency vehicle from stopping in a handicapped parking place.

1996

JOURNAL OF THE SENATE

(c) It shall be unlawful for any person to obtain by fraud or counter feit a handicapped parking permit.
(d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit or specially designated li cense plate for the disabled person is issued, to make use of a handi capped parking permit or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the vehicle for which the permit has been issued.
(e) No person shall park a vehicle so as to block any entrance or egress ramp used by handicapped persons on public or private property.
(0(0 Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not more than $100.00 for a first offense, not less than $100.00 and not more than $200.00 for a second offense, not less than $200.00 and not more than $500.00 for a third or subsequent offense.
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked as a 'Tow-Away Zone' on public or pri vate property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle."
Section 3. Said part is further amended by adding a new Code Sec tion 40-6-226 to read as follows:
"40-6-226. The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 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:

WEDNESDAY, FEBRUARY 22, 1984

1997

Those voting in the affirmative were Senators:

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

Dean English
Engram Fincher
Foster Garner Gillis Greene
Harris Harrison Hill
Hine Holloway Horton
Howard Hudgins Huggins

Kennedy Kidd
Land Lester
Peevy Perry Phillips
Reddish Scott of 43rd Starr Stumbaugh Tate Thompson
Timmons Trulock Turner
Walker

Those not voting were Senators:

McGill McKenzie

Scott of 2nd Scott of 36th

Tysinger

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Greene of the 26th moved that HB 949 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 949 was immediately transmitted to the House.
Senator Peevy of the 48th introduced the doctor of the day, Dr. Cecil Miller of Buford, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

1998

JOURNAL OF THE SENATE

The House substitute to SB 61 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and ap peals in the prosecution of traffic offenses, so as to provide procedures and requirements relative to changing or modifying traffic law sentences or judg ments rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere; to provide for certification to the Department of Public Safety; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in the prosecution of traffic offenses, is amended by adding immediately following Code Sec tion 40-13-31 a new Code section, to be designated Code Section 40-13-32, to read as follows:
"40-13-32. (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements:
(1) A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment;
(2) Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and
(3) A hearing is held with opportunity for the state to be heard.
(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Public Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.
(c) Except for orders correcting clerical errors, the Department of Public Safety shall not recognize as valid any change or modification or der nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section.
(d) In the case of municipal courts, notice to the city attorney or to the solicitor in those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for herein.

WEDNESDAY, FEBRUARY 22, 1984

1999

(e) In all cases wherein notice is required herein, same shall be deemed sufficient if sent by certified mail, return receipt, with adequate postage thereon, to the correct address of the prosecuting official."
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 moved that the Senate agree to the House substitute to SB 61.

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin 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 Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

Coleman Harrison

Stumbaugh Trulock

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 61.

2000

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 829. By Representative McDonald of the 12th: A resolution relative to adjournment.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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

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

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

WEDNESDAY, FEBRUARY 22, 1984

2001

Those not voting were Senators:

Barker Huggins

Scott of 36th Tate

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 bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 191. By Senator Hudgins of the 15th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term "law enforcement officer."
The House amendment was as follows:
Amend SB 191 by adding in Section 2 on line 17 of Page 2, at the end of the sentence on such line and prior to the sentence beginning with the words "Such term", a new sentence to read as follows:
"Such term shall also mean any probation supervisor or parole of ficer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees."
Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to SB 191.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley

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

Coleman Dawkins Deal Dean English Engram

2002

JOURNAL OF THE SENATE

Fincher Foster Garner Gillis Greene Harris Harrison
Hill Hine Horton

Howard Hudgins Huggins Kennedy Kidd Land Lester
McGill McKenzie Peevy

Perry Phillips Reddish Scott of 43rd Starr Stumbaugh Tate
Thompson Turner Walker

Those not voting were Senators:

Barker
Coverdell Holloway

Scott of 2nd
Scott of 36th Timmons

Trulock Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 191.

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

HB 1191. By Representatives Mangum, Athon and Alford of the 57th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that in any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employ ees of the sheriff of the county.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner

WEDNESDAY, FEBRUARY 22, 1984

2003

Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins

Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd

Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Barker Cobb

Hudgins Reddish

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

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

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.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hill

Hine Holloway Horton Howard Huggins Kennedy Kidd Land Lester McGill McKenzie

2004
Peevy Perry Phillips Scott of 2nd Scott of 36th

JOURNAL OF THE SENATE

Scott of 43rd Starr Tate Thompson
Timmons

Trulock Turner
Tysmger Walker

Those not voting were Senators:

Barker Bond Cobb

Coleman Coverdell Harris

Hudgins Reddish Stumbaugh

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

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

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

HR 829. By Representative McDonald of the 12th:
A resolution relative to adjournment by the General Assembly at 12:00 Midnight on Thursday, February 23, 1984, and to reconvene at 10:00 o'clock A.M. on Monday, February 27, 1984; and adjournment by the Gen eral Assembly at 12:00 Midnight on Monday, February 27, 1984, and to reconvene at 10:00 o'clock A.M. on Wednesday, February 29, 1984.

On the adoption of the resolution, the yeas were 31, nays 1.

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

Senator Starr of the 44th assumed the Chair at the direction of the President.

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

HB 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.
Senate Sponsor: Senator Holloway of the 12th.

WEDNESDAY, FEBRUARY 22, 1984

2005

The Senate Committee on Appropriations offered the following substitute to HB 1045:

A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1984, and ending June 30, 1985; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, po litical subdivisions and for all other governmental activities, projects and un dertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1984, and ending June 30, 1985, as pre scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,297,000,000 for State fiscal year 1985.

PART I. LEGISLATIVE BRANCH

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

15,400,000 15,400,000 15,400,000 15,400,000
15,400,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for mem bership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon ap proval of the Legislative Services Committee; for mem bership in the Marine Fisheries Compact and other Com-

2006

JOURNAL OF THE SENATE

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 com piling, 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 an nual report of the State Auditor to the General Assem bly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to de termine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Govern ment. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits .......... $
1. Operations .............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Tax Ratio Study ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Operations .............................. $ Tax Ratio Study ......................... $ Authorized Motor Vehicles Total Positions Budgeted

6,340,525
7,573,697 7,573,697 5,990,525
350,000 350,000 350,000
7,573,697
350,000
31 175

WEDNESDAY, FEBRUARY 22, 1984

2007

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.
Budget Unit: Supreme Court ....
Court Operations............... Appellate Court Reports ........

$ 3,062,489
$ 2,867,089 $ 195,400

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, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Provided, however, that the sum of $43,000 shall be allocated for the development of uniform rules and shall be distributed to the councils of the various classes of courts.

Section 4. Court of Appeals. Budget Unit: Court of Appeals .

$ 3,241,200

For the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement con tributions of judges and employees of the Court.

Section 5. Superior Courts.

Budget Unit: Superior Courts

$

Operation of the Courts ................... $ Prosecuting Attorneys' Council ............. $ Sentence Review Panel.................... $ Council of Superior
Court Judges .......................... $
Judicial Administrative Districts .............................. $
Habeas Corpus Clerk ..................... $

26,053,000
24,857,409 492,378 109,433
40,000
533,780 20,000

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries,

2008

JOURNAL OF THE SENATE

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, mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of staffing and operating the Prosecuting Attorneys Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2. For the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council
Provided, however, that the listed appropriation shall be increased by the amount of $33,000 per annum for each additional Judge Emeritus position established dur ing the fiscal year, and by the amount of $23,000 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 $112,500 per annum for each judgeship created by law during the Regular Session of the General Assembly immediately preceding this State Fiscal Year.
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.

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .............. $

For the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4, for which $114,200 is designated and committed.
For the cost of funding the Circuit-wide Juvenile Court Judgeship Act.

Section 7. Institute of Continuing Judicial Education
Budget Unit: Institute of Continuing Judicial Education ............................. $

544,200 271,124

WEDNESDAY, FEBRUARY 22, 1984
Institute's Operations ..................... $ Georgia Magistrate Courts
Training Council ....................... $ Superior Court Clerks
Training Council ....................... $

2009
247,659 16,265 7,200

For the cost of staffing and operating the Institute of Continuing Judicial Education, the Georgia Magistrate Courts Training Council created by Code Section 15-10-
132, and the Superior Court Clerks Training Council cre ated by Code Section 15-6-50.1.

Section 8. Judicial Council.
Budget Unit: Judicial Council.............. $
Council Operations ....................... $ Payments to Judicial
Administrative Districts for Case Counting ........................ $ Board of Court Reporting ................. $

516,589 433,223
65,000 18,366

For the cost of operating the Judicial Council of the State of Georgia and the Administrative Office of the Courts created by Code Sections 15-5-20 and 15-5-22.
For the cost of operating the Board of Court Report ing of the Judicial Council created by Code Section 1514-24.

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ........................... $

87,200

For the cost of operating the Judicial Qualifications Commission.

PART HI. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ................. $ 11,951,259

2010

JOURNAL OF THE SENATE

1. State Properties Commission Budget:
Personal Services ................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Equipment Purchases . Publications and Printing ............ Equipment Purchases ............... Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... Total Funds Budgeted .............. State Funds Budgeted .............. Total Positions Budgeted
2. Departmental 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
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

,245,650 113,666
14,545
12,000 1,300 23,600 231,927
24,300
400,000
400,000
850,000 3,316,988 3,316,988
42
1,008,515
24,480
6,000
9,500 336
6,029,258 79,050 18,636
11,552

WEDNESDAY, FEBRUARY 22, 1984

2011

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 ............... $ Travel .................................. K Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $

608,800 7,796,127 3,814,427
29
7,262,178 7,262,178
--0-- 15
1,327,020 94,447 9,650 --0-- 47,300 --0-- 247,700 199,749 36,804 --0--
1,962,670 1,962,670
50
310,734 5,950 6,550 --0-- 10,300 200 25,800 40,734 38,404

2012

JOURNAL OF THE SENATE

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

--0-- 438,672
438,672 --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

287,475 7,288 4,000
--0-- 400
--0--
4,000 25,650 6,240 --0--
--0-- 335,053
335,053 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--
July 1, 1984 Total Positions Budgeted--
June 30, 1985

16,241,269 1,275,200
60,000 --0-- 51,000 160,000 264,400 19,083,514 1,697,677 321,000
1,981,700 132,000
41,267,760 41,267,760
2,169,742
590
563

9. Motor Pool Services Budget:

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

418,975
1,433,020
208,000

WEDNESDAY, FEBRUARY 22, 1984

2013

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

4,500 --0--
720 --0-- 2,500 2,067,715 2,067,715 --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

2,716,865 356,011 11,000 89,000 59,000 60,875 208,800 192,951 --0-- 5,000
27,941,872 31,641,374 31,641,374
--0-- 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

1,515,185 1,566,650
--0-- 20,000 --0-- 112,000 --0-- 177,312 --0-- 975,000 --0-- 4,366,147 4,366,147 --0--
70

12. Surplus Property Services Budget:

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

780,220 275,980
24,400
17,500 2,700

2014

JOURNAL OF THE SENATE

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. Risk Management 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 ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

175,900 123,539
311,636 311,636
--0-- 10
656,831 45,078 33,500
8,000 3,800 1,800 87,500 69,378 13,936 --0-- 25,000 944,823 944,823 --0--
25

WEDNESDAY, FEBRUARY 22, 1984

2015

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
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-- July 1, 1984 Total Positions Budgeted-- June 30, 1985 Authorized Motor Vehicles

27,201,577 5,722,674
172,245 325,000 210,905 345,361 6,895,058 2,812,062 477,562 258,110 19,083,514 30,263
11,552
1,981,700
400,000
850,000
400,000 27,941,872 7,517,830
608,800
1,030
1,003 286

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.

2016

JOURNAL OF THE SENATE

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 Services Communication Services Printing Services ....... Total .................

438,672
39,098,018 2,067,715 31,641,374 4,366,147 77,611,926

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Ser vices.

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

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

Georgia Building Authority Budget:

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

Regular Operating Expenses ............... $

Travel .................................. $

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

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Telecommunications ...................... $

Per Diem, Fees and Contracts

........ $

Capital Outlay........................... $

Authority Lease Rentals .................. $

Utilities .................................$

Facilities Renovations

and Repairs ........................... $

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgeted

Authorized Motor Vehicles

12,636,000 3,017,000
4,000
8,000
22,000 92,720
43,737 70,900 113,000 400,000 829,600 6,512,000
23,748,957

WEDNESDAY, FEBRUARY 22, 1984

2017

The expenditure object amounts displayed above re present the budget unit object totals.
The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Section 11. Department of Agriculture.

A. Budget Unit: Department of Agriculture. $ 23,303,018

State Operations Budget:

Personal Services.

.... $

Regular Operating Ex:ppeenses ........... .... $

Travel ..........

.... $

Motor Vehicle Eq nent Purchases

$

Publications and Print;ingg............... .... $

Equipment Purchases . . .

.... $

Computer Charges

.$

Real Estate Rentals

.... $

Telecommunications

.... $

Per Diem, Fees and Contracts ......... .... $

Market Bulletin Postage .............. .... $

Payments to Athens and Tifton

Veterinary Laboratories .......

$

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, Royston,

Statesboro and Tifton .........

Veterinary Fees ................

Indemnities....................

Bee 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 Funds Budgeted ..........

State Funds Budgeted .........

Total Positions Budgeted

Authorized Motor Vehicles

20,559,076 2,114,343
825,850 385,049 497,760 106,118 157,063 593,257 337,487 257,272 526,000
1,473,188
,156,700 510,000 58,000
17,000 95,000
286,000
275,000
20,000 30,250,163 23,303,018
897 259

2018

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Agriculture Functional Budgets

Total Funds Plant Industry .......... $ 4,292,840 Animal Industry ........$ 4,811,268 Marketing ..............$ 1,418,054 General Field Forces.....$ 2,578,477 Internal Administration $ 2,850,529 Information and
Education ............$ 1,137,025 Fuel and Measures ...... $ 1,896,743 Consumer Services ..... $ 844,278 Consumer Protection
Field Forces ..........$ 3,751,263 Meat Inspection......... $ 3,251,370 Major Markets ......... $ 3,191,565 Seed Technology ........ $ 226,751 Total ............$ 30,250,163

State Funds

Pos.

$ 3,747,840

167

$ 4,468,406

54

$ 1,405,054

40

$ 2,578,477

109

$ 2,780,045

56

$ 1,137,025

9

$ 1,892,743

71

$ 844,278

27

$ 2,975,721

128

$ 1,296,370

122

$ 177,059

106

$

--0--

8

$ 23,303,018

897

Provided, that of the above appropriation relative to Regular Operating Expenses, $55,000 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.

WEDNESDAY, FEBRUARY 22, 1984
B. Budget Unit: Georgia Agrirama Development Authority..........
Georgia Agrirama Development Authority Budget:
Personal Services ................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Capital Outlay................... Goods for Resale................. Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

2019
482,110 110,093
6,903 20,030 7,964 4,015 --0-- 6,900 28,800 95,010 761,825
27

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

Section 12. 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

Authorized Motor Vehicles

3,695,212
3,027,570 131,267 265,000 61,350 13,830 7,100 4,895 143,200 39,000 2,000
3,695,212 3,695,212
102 21

The expenditure object amounts displayed above re present the budget unit object totals.

2020

JOURNAL OF THE SENATE

Section 13. Department of Community Affairs.

A. Budget Unit: Department of Community Affairs ..................... $ 5,066,790

State 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 ............. $ Capital Felony Expenses .................. $ Contracts with Area Planning
and Development Commissions ........... $ Local Assistance Grants................... $ Appalachian Regional Commission
Assessment............................ $ Community Development Block
Grants (Federal) ....................... $ Juvenile Justice
Grants (Federal) ....................... $ Grant--Richmond County ................. $ Economic Development Grants ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,900,233 146,310 185,150 --0-- 62,400 950 25,000 255,708 101,100
53,971,040 50,000
1,282,500 475,000
91,027
36,000,000
1,000,000 100,000 155,000
97,801,418 5,066,790
118 7

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Community Affairs Functional Budgets

Total Funds

Executive and

Administrative .......... $ 2,649,927

Technical Assistance .....

2,021,627

Community and Economic

Development. ......... $ 37,284,121

Intergovernmental

Assistance............ $ 845,743

Job Training

Partnership Act ....... $ 55,000,000

Total .................. $ 97,801,418

State Funds

Pos.

$ 2,576,527

18

$ 938,563

26

903,604

30

648,096

17

$

--0--

27

$ 5,066,790

118

WEDNESDAY, FEBRUARY 22, 1984

2021

It is the intent of this General Assembly, that the Department of Community Affairs is authorized and di rected to expend a portion of available Job Training Part nership Act funds for supplementing and expanding ex isting or new Quick Start programs.
Provided, however, that of the above appropriation, $100,000 is designated and committed for Richmond County to contract with Paine College for a study and development of a proposed Center for Performing Arts.
B. Budget Unit: Georgia Residential Finance Authority ............................. $
Georgia Residential Finance Authority Budget:
Personal Services .................... .... $ Regular Operating Expenses ........... .... $ Travel .............................. .... $ Motor Vehicle Equipment Purchases .... .... $ Publications and Printing .............. .... $ Equipment Purchases ................. .... $ Computer Charges ................... .... $ Real Estate Rentals .................. .... $ Telecommunications .................. .... $ Per Diem, Fees and Contracts ......... .... $ Rental Assistance Payments ........... .... $ Grants to Housing Sponsors ........... .... $ Total Funds Budgeted ................ .... $ State Funds Budgeted ................ .... $ Total Positions Budgeted Authorized Motor Vehicles

1,802,630 232,966 69,814 51,800 57,724 39,925 32,799 139,031 74,652 217,774
11,000,000 500,000
14,219,115
82 29

Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General.......................... ..... $
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 .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

6,855,044
5,789,548 308,957 174,500 70,000 125,866 30,918 313,020 469,325 116,654 12,250
7,411,038 6,855,044
239 57

2022

JOURNAL OF THE SENATE

The expenditure object amount displayed above re present the budget unit object totals.

Office of Comptroller General Functional Budgets

Total Funds Internal Administration . . $ 990,241 Insurance Regulation .... $ 1,896,799 Industrial Loans
Regulation ........... $ 465,207 Information and
Enforcement......... $ 1,293,040
Fire Safety and Mobile Home Regulations..... $ 2,765,751
Total .................. $ 7,411,038

State Funds

Pos.

$ 990,241

20

$ 1,790,805

56

$ 465,207

13

$ 1,293,040

45

$ 2,315,751

105

$ 6,855,044

239

Section 15. 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.................. $

3,221,686
790,270 67,075 6,948 9,800 3,450 10,600 --0-- --0-- 2,100 10,000
--0-- 900,243 774,991
21
981,075 114,334 35,453
--0-- 21,806 11,500 --0-- 6,160 42,600 80,500 24,100 40,000

WEDNESDAY, FEBRUARY 22, 1984

2023

Local Civil Defense Grants-- Project Application ..................... $
Local Civil Defense Grants--Training ...................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Georgia Air National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units............ $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

64,473
--0-- 1,422,001
523,657 36
1,229,779 302,108 300
600
773,760
2,306,547 309,246 56
1,735,458 659,110 3,700 9,000 14,300 17,810 --0-- ---0-- 24,000 9,000 629,545 --0-- 18,000 435,000 197,000
3,751,923 1,613,792
84
4,736,582 1,142,627
46,401

2024

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......................... 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

18,800
40,156 39,910
6,160 68,700 99,500 1,427,405
435,000 18,000 40,000
64,473

Section 16. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education

$1,539,671,252

Operations:

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

18,277,890 1,936,975
863,885 --0--
567,400 196,500 825,300 2,015,760 528,330 5,096,765 53,540

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 671,980,375
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 117,818,322
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 28,962,921

WEDNESDAY, FEBRUARY 22, 1984

2025

Salaries of Student Supportive Personnel.................. $ 29,281,123
Salaries of Administrative and Supervisory Personnel ........................... $ 78,692,991
Special Education Leadership Personnel ................. $ 3,638,766
Instructional Media. .................... $ 21,643,200 Instructional Equipment................. $ 750,209 Maintenance and Operation.............. $ 101,001,600 Sick and Personal Leave ................ $ 6,012,000 Travel ................................$ 1,100,306 Pupil Transportation--
Regular............................. $ 93,594,590 Isolated Schools ........................ $ 604,506 RLE .................................$ (78,550,000)

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 78,364,380

Teacher Retirement .................... $ 119,061,193

Instructional Services for

the Handicapped ..................... $ 22,688,125

Preparation of Professional

Personnel in Education

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

--0--

Tuition for the Multi-

handicapped ......................... $ 1,172,000

Severely Emotionally

Disturbed ........................... $ 17,089,420

Compensatory Education ................ $ 16,813,020

School Lunch (Fed.).................... $ 94,136,740

School Lunch (State) ................... $ 17,569,000

Supplemental Education

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

--0--

Staff Development...................... $ 800,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 4,055,130

Cooperative Educational

Service Areas ........................ $ 4,130,000

Superintendents Salaries................. $ 5,252,270

High School Program ................... $ 31,438,386

Area School Program ................... $ 64,035,478

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

--0--

Junior College Program ................. $ 2,448,670

Transportation for

Refugee Children .................... $

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

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

Special Projects ........................ $

2026

JOURNAL OF THE SENATE

Comprehensive Employment and Training ...........
Vocational Research and Curriculum.............
Adult Education .......... Salaries and travel of
Public Librarians...... Public Library Materials . . . Talking Book Centers..... Public Library M & O Public Library Construction Instructional Aides ........ Teacher Health Insurance . . Health Insurance--Non
Certificated Personnel... Teacher Health Insurance--
Retired Teachers ........ Capital Outlay.......... Grants to Local School
Systems for Educational Purposes ............... Area Vocational-Technical School Construction ..... Salaries of Extended Pre-School Personnel..... Child Care Lunch Program (Federal) ...... Chapter II--Block Grant Flow Through ............ Total Funds Budgeted ....... Indirect DOAS Services Funding ................. State Funds Budgeted ....... Total Positions Authorized Authorized Motor Vehicles

$ 7,000,000
$ 366,540 $ 3,187,190
4,670,020 3,673,134
671,240 2,816,840 2,061,822 9,770,377 37,099,840
$ 15,000,000
$ 7,807,000 $ 200,000
$ 78,000,000
$ 200,000
$ 12,799,898
$ 13,000,000
$ 8,702,655 $1,795,773,622
$1,539,671,252 638 6

The expenditure object amounts displayed above re present the budget unit object totals.

Educational Functional Budgets

Tc>tal Funds

State Funds

Pos.

Instructional Services .... $ 6,415,755 $ 3,890,795

164

Governor's Honors

Program ............. $ 766,920 $ 751,920

2

Vocational Education .... $ 5,578,400 $ 2,180,700

93

Public Library

Services .............. $ 1,588,395 $ 725,995

42

State Administration ..... $ 1,857,480 $ 1,474,085

31

Administrative Services ... $ 8,205,075 $ 5,201,680

198

Planning and Development $ 5,161,445 $ 4,421,945

97

WEDNESDAY, FEBRUARY 22, 1984

2027

Professional Standards

Commission........ $

133,655

$

133,655

2

Vocational Advisory

Council ........... $

141,490

$

-- 0--

2

Professional Practices

Commission........ $ 376,280 $ 376,280

7

Local Programs ...... $1,764,402,845 $1,519,368,315

0

Undistributed ....

$ 1,145,882 $ 1,145,882

0

Total ............... $1,795,773,622 $1,539,671,252

638

Provided, that of the above appropriation relative to the Quick Start program, $150,000 is specifically appro priated as matching funds for training in the Chatham County area.

B. Budget Unit: Institutions ..........

$ 16,756,335

Institutional Operations:

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 Authorized Motor Vehicles

14,211,715 2,462,655
42,165 66,500 14,060 353,715 19,000 111,680 128,700 1,746,610 --0--
19,156,800 16,756,335
683 80

The expenditure object amounts displayed above re present the budget unit object totals.

Institutions Functional Budgets

Total Funds Georgia Academy for
the Blind.............. $ 3,561,894 Georgia School for
the Deaf ............. $ 5,903,730 Atlanta Area School
for the Deaf.......... $ 2,484,060 North Georgia
Vocational-Technical School ............ $ 3,959,296

State Funds

Pos.

$ 3,290,404

148

$ 5,604,245

246

$ 2,331,765

94

$ 2,938,951

104

2028

JOURNAL OF THE SENATE

South Georgia

Vocational-Technical

School ............... $

Undistributed

$

Total ......... .........$

3,247,820 --0--
19,156,800

$ 2,590,970

91

$

--0--

0

$ 16,756,335

683

C. Budget Unit: Board of Postsecondary Vocational Education ............................. $

209,906

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

310,368 12,799 13,200 --0-- 7,000 1,500 20,000 34,875 9,000 55,000
463,742 209,906
9

The expenditure object amounts displayed above re present the budget unit object totals.
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 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-

WEDNESDAY, FEBRUARY 22, 1984

2029

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, 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

2030

JOURNAL OF THE SENATE

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); Code Section 20-2-160 and Code Section 202-159.
Provided, that of the above appropriation for $800,000 for Staff Development, $80,000 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 20-2-18 l(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, $16,813,020 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 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. 1985 entitle ments were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total entitlement of $40 million for S.F.Y. 1985.
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-

WEDNESDAY, FEBRUARY 22, 1984

2031

pairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.

Section 17. Employees' Retirement System.
Budget Unit: Employees' Retirement System ...........................
Employees' Retirement System Budget:
Personal Services..................... Regular Operating Expenses ........... Travel .............................. Motor Vehicle Equipment Purchases ........ $ Publications and Printing.... ............. $ Equipment Purchases ....... ............. $ Computer Charges ......... ............. $ Real Estate Rentals ...... ............. $ Telecommunications ........ ............. $ Per Diem, Fees and Contracts ............. $ Postage ................... ............. $ Employer Contribution ...... ............. $ Total Funds Budgeted ...... ............. $ State Funds Budgeted ...... ............. $ Total Positions Budgeted Authorized Motor Vehicles

8,342,714
656,849 13,623 8,500 --0-- 20,000 4,500 146,447 74,046 12,564
436,800 50,000
8,342,714 9,766,043 8,342,714
28 1

The expenditure object amounts displayed above re present the budget unit object totals.

Section 18. Forestry Commission.

Budget Unit: Forestry Commission. ........ $ 24,415,047

State 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 ......... .... $
Contractual Research ................. .... $
Payments to the University of Georgia, School of Forestry for Forest Research ................ .... $
Ware County Grant .................. .... $

18,920,345 4,394,500
110,780 1,336,392
85,000 1,745,381
186,000 18,256 549,550 89,879 230,000
300,000 60,000

2032

JOURNAL OF THE SENATE

Wood Energy Program... Capital Outlay........... Total Funds Budgeted . . . . State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

144,526 151,500 28,322,109 24,415,047
857 751

The expenditure object amounts displayed above re present the budget unit object totals.

Forestry Commission Functional Budgets

Reforestation ......... Field Services......... Wood Energy ..... General Administration
and Support ........ Undistributed ......... Total ................

Total Funds

$ 2,077,340

$ 24,347,004

$

144,526

$ 1,653,239

$

100,000

$ 28,322,109

State Funds

Pos.

$ 508,340

34

$ 22,128,868

794

$

40,000

4

$ 1,637,839

25

$ 100,000

0

$ 24,415,047

857

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 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

$ 21,612,090

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 ......... .... $ Evidence Purchased .................. .... $ Utilities ............................. .... $ Postage ............................. .... $
Capital Outlay ....................... .... $ Total Funds Budgeted ................ .... $ Indirect DOAS Funding .............. ... . $ Total State Funds Budgeted ........... .. .. $
Total Positions Budgeted Authorized Motor Vehicles

14,026,291 1,560,874 487,625 715,500 86,950 548,160 1,936,860 662,395 878,090 9,225 350,000 95,480 54,640 200,000
21,612,090
21,612,090 479 289

WEDNESDAY, FEBRUARY 22, 1984

2033

The expenditure object amounts displayed above re present the budget unit object totals.

Georgia Bureau of Investigation Functional Budgets

Total Funds Administration ........ $ 1,507,525 Drug Enforcement....... $ 3,809,120 Investigative ............ $ 8,016,410 Forensic Sciences........ $ 3,589,225 Georgia Crime Information
Center ............... $ 4,539,810 Undistributed ........... $ 150,000 Total .................. $ 21,612,090

State Funds

Pos.

$ 1,507,525

22

$ 3,809,120

64

$ 8,016,410

207

$ 3,589,225

89

$ 4,539,810

96

$ 150,000

1

$ 21,612,090

479

Section 20. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission .............
Departmental Operations Budget:
Personal Services ..................... .... $ Regular Operating Expenses ........... .... $ Travel .............................. .... $ Motor Vehicle Equipment Purchases ... .... $ Publications and Printing .............. .... $ Equipment Purchases ................. .... $ Computer Charges ................... .... $ Real Estate Rentals .................. .... $ Telecommunications .................. ... . $ Per Diem, Fees and Contracts ......... .... $ Total Funds Budgeted ................ .... $ Total Expenditures Authorized ......... .... $ State Funds Budgeted ................ .... $ Total Positions Budgeted

909,000 40,570 10,000
1,000 3,000 14,300 86,130 14,000 122,000 1,200,000 1,200,000
25

The expenditure object amounts displayed above re present the budget unit object totals.

Section 21. Office of the Governor. A. Budget Unit: Governor's Office ............. $ 1. Governor's Office Budget:
Cost of Operations ....................... $

4,726,239 2,029,182

2034

JOURNAL OF THE SENATE

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

40,000 2,035,000
122,000 4,226,182 4,226,182

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 expenditures of any part of said fund. Expenditures from this fund shall be made in accordance with other provi sions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the or ganized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

2. Office of Fair Employment Practices Budget:

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

$

Regular Operating Expenses

$

Travel ..........................

$

Motor Vehicle Equipment Purchases

$

Publications and Printing..........

$

Equipment Purchases .............

$

Computer Charges ...............

$

Real Estate Rentals ..............

$

Telecommunications ..............

$

Per Diem, Fees and Contracts .....

$

Total Funds Budgeted ............

$

State Funds Budgeted ............

$

Total Positions Budgeted

Budget Unit Object Classes:

Cost of Operations ............... Mansion Allowance............... Governor's Emergency Fund ....... Intern Stipends and Travel ........ Personal Services................. Regular Operating Expenses ...... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ..............

412,171 9,651 10,815
69,921 9,349 18,000 532,557 500,057
15
2,029,182 40,000
2,035,000 122,000 412,171 9,651 10,815

WEDNESDAY, FEBRUARY 22, 1984

2035

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles
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 Authorized Motor Vehicles

69,921 9,349 18,000
15 1
3,513,528
2,834,206 87,830 65,600 --0-- 34,000 1,000 219,552 190,840 55,500 75,000
3,563,528 3,513,528
77 0

The expenditure object amounts displayed above re present the budget unit object totals.
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

4,169,592
170,016 8,353 3,260
39,600 8,270 9,900 1,468,806 474,920 36,100 2,224,225 1,713,205
8

2036

JOURNAL OF THE SENATE

2. Office of Consumer Affairs:
Personal Services ................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
3. State Energy Office Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts .... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
4. Governor's Committee on Post-Secondary Education Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............ Computer Charges ............... 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

1,078,800 30,100 11,000 --0-- 6,000 5,020 20,684 155,822 100,000 4,000
1,411,426 1,411,426
42
319,000 17,680 17,700 --0-- 22,639 1,000 --0--
12,300 4,661,397 5,051,716
228,680 9
110,000 9,540 1,500
5,000 14,802 2,600 7,050 159,192 159,192
3
319,024 9,205 3,000 --0--

WEDNESDAY, FEBRUARY 22, 1984
Publications and Printing..... Equipment Purchases ........ Computer Charges .......... Real Estate Rentals ......... Telecommunications ......... Per Diem, Fees and Contracts Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted
6. Criminal Justice Coordinating Council Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts .... Art Grants--State Funds.......... Art Grants--Federal Funds........ Art Grants--Donations ........... Total Positions Budgeted Authorized Motor Vehicles

2037
20,828 5,200 35,000 392,957 392,957
10
190,929 11,200 8,575
28,768 4,325 15,700 264,132 264,132
5
2,187,769 86,078 45,035
47,674 6,020 25,684 259,820 132,695 4,733,047 1,468,806 474,920 36,100
77 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.

2038

JOURNAL OF THE SENATE

Section 22. Grants to Counties and Municipalities
Budget Unit: Grants to Counties and Municipalities ..................
Grants to Counties .... Grants to Municipalities Total Funds Budgeted . . State Funds Budgeted

$ 8,500,000
$ 3,250,000 5,250,000 8,500,000 8,500,000

The expenditure object amounts displayed above re present the budget unit object totals.

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ... $ 271,816,055

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 .................................$ Menninger Group Homes. ................. $ Benefits for Child Care ................... $ Contract--Georgia
Advocacy Office, Inc. .................. $ 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

25,333,950 1,017,464 745,885 --0-- 204,010 12,468 1,194,177 3,339,595 610,860 9,388,126 178,150 579,850 376,000 1,066,000
215,000 44,261,535
--0-- --0-- 22,650,621
1,655,800 19,955,114
957 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Office . . . $ 566,000 Administrative Appeals . $ 776,175

State Funds

Pos.

$ 566,000

13

$ 776,175

24

WEDNESDAY, FEBRUARY 22, 1984

2039

Administrative Policy,

Coordination, and

Direction. ............ $

Personnel .............. $

Support Services ..... $

Systems Planning,

Development and

Training . ........ $

EDP-Planning and

Coordination .......... $

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

Facilities Managements . $

Community /Inter

governmental Affairs ... $

Budget Administration ... $

Accounting Services ..... $

Auditing Services ....... $

Special Projects ....

$

Children and Youth

Planning ............. $

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

157,300 4,977,130 2,020,814
163,650
285,949 --0--
3,651,100
726,720 1,421,500 3,435,309 1,622,100
281,900
153,700 1,442,000
243,550 35,000
100,950
6,400 8,814,171
333,560 1,380,771
535,028
1,679,530 243,300 549,500
1,700,400 6,958,028
--0-- 44,261,535

2. Public 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 .......

$ 157,300

4

$ 4,977,130

48

$ 2,005,814

54

$ 163,650

7

$ 285,949

0

$ (5,400,000)

0

$ 2,696,400

8

$ 726,720

20

$ 1,421,500

44

$ 3,435,309

152

$ 1,622,100

47

$ 281,900

0

$ 153,700

4

$ 1,442,000

0

$

--0--

6

$ 35,000

1

$ 100,950

3

$

640

0

$

--0--

9

$ 333,560

9

$ 1,380,771

50

$ 429,028

16

$ 542,930

53

$ 243,300

7

$ 433,160

20

$ 200,300

53

$ 943,828

305

$

-- 0--

0

$ 19,955,114

957

$ 26,320,400

$ 26,660,288

$ 854,500

$

9,332

$ 276,600

$

79,505

$ 347,818

$ 458,108

$ 451,350

$ 12,415,009

2040

JOURNAL OF THE SENATE

Utilities. ........................... ..... $ Postage ............................ ..... $ Crippled Children Clinics ............ ..... $ Regional Grants for Prenatal and
Postnatal Care Programs ................. $ Midwifery Program Benefits .......... ..... $ 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 ................ ...... $
Grant-In-Aid to Counties ............ ...... $ Contract with Emory University
for Arthritis Research ............ ...... $
Contract for Scoliosis Screening ............... ...... $
Family Planning Benefits ............ ...... $
Grants to Counties for Teenage Pregnancy Prevention ........... ...... $
Grant to Counties for Metabolic Disorders Screening and Treatment .......... ...... $
Contract--Macon-Bibb County Hospital Authority ............... ...... $
Total Funds Budgeted .............. ...... $ Indirect DO AS Services Funding .... Agency Funds ..................... ...... $ State Funds Budgeted ............. ...... $
Total Positions Budgeted Authorized Motor Vehicles

4,500 56,150 517,572
3,879,000 175,000
4,354,000 605,000
2,105,400
100,000
3,994,000
42,000
115,000
78,000 35,064,160
210,000
115,000 301,530
250,000
45,000
5,500,000 125,384,222
49,088,643 76,295,579
1,027 6

Public Health Functional Budgets

Total Funds Director's Office ..... $ 530,200 Employee's Health ... $ 260,500 Health Program
Management ......... $ 705,153 Vital Records ......... $ 1,060,253
Health Services Research . $ 656,718 Primary Health Care .... $ 242,800 Stroke and Heart Attack
Prevention. ........... $ 156,150

State Funds

Pos.

$ 530,200

7

$ 225,500

9

$ 620,153

26

$ 1,045,253

5?

$ 656,718

12

$ 242,800

7

$ 156,150

5

WEDNESDAY, FEBRUARY 22, 1984

2041

$ 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 ........
Occupational and
$ Radiological Health . . . $ Laboratory Services. ..... $ $ Emergency Health....... $ Minimum Foundation ... $ Newborn Follow Up Care $ District Dental..........
District Stroke and Heart
$ Attack Prevention ..... $ Sickle Cell ............. $ Vision and Hearing ....
High Risk Pregnant Women and Infants .......... $
District Sexually Transmitted Diseases . . $
District Family Planning . $ Malnutrition ............ $ Grant in Aid to Counties. $ Teenage Pregnancy
Prevention............ $ District Crippled Children $ Emergency Health--
Local Services ........ $ Primary Health Care--
Local Service ......... $ Undistributed ........... $ Total .................. $

1,065,603 365,100
221,150
1,128,372
5,740,276 5,414,900
268,800 1,391,600
577,800 132,800 4,445,425 1,607,650 305,850 2,856,130
339,400
796,025 3,823,795
655,100 7,115,230
312,750 1,145,050
1,370,706 50,000 404,220
4,497,000
1,092,103 6,184,090 27,662,686 35,609,900
250,000 2,543,187
1,328,400
345,400 725,950 125,384,222

3. Mental Health--Program Direction and Support Budget:

Personal Services................. Regular Operating Expenses ..... Travel .......................... Motor Vehicle Equipment Purchases

$ 886,103

10

$ --0--

10

$ 221,150

6

$ 1,128,372

23

$$$$$$

573,876 4,651,601
-- 0--
494,292 --0--
132,800

22 14
6 14
15 3

$ 3,065,931 $ 1,607,650 $ 219,361

52 21 4

$ 2,856,130

6

$$$$$$

257,253 3,144,347
594,600 7,115,230
312,750 934,875

6 119 12 191 11 17

$$$

840,706 50,000 404,220

18 0 15

$ 4,497,000

19

$ 80,000

27

$$

2,471,374 --0--

177 10

$ 32,998,904

0

$$

250,000 1,813,480

0 36

$ 328,400

9

$$$

345,400 543,000 76,295,579

10 18 1,027

4,083,100 110,704 122,500 --0--

2042

JOURNAL OF THE SENATE

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals

$

Telecommunications ...................... $

Per Diem, Fees and Contracts

$

Utilities .................................$

Postage .................................$

Contract with

Housing Alternatives ................... $

Total Funds Budgeted .................... $

Social Services Block Grant Funds. ......... $

Indirect DOAS Services Funding ........... $

Agency Funds ........................... $

State Funds Budgeted .................... $

Total Positions Budgeted

54,200 2,669 1,533,393 --0-- 245,000 158,000 --0-- 1,060
70,000 6,380,626
15,000 --0-- 450,762 5,914,864
126

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration

... $ 3,699,951

Special Projects

and Contracts......... $

50,222

Program Coordination $ 2,630,453

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

--0--

Total ..................$ 6,380,626

State Funds

Pos.

$ 3,699,951

57

$

-- 0--

2

$ 2,214,913

67

$

--0--

0

$ 5,914,864

126

4. 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.l.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

20,282,600 --0-- --0--
479,964 14,998,200 35,760,764 7,522,648
15,098,300 13,139,816
0 111

WEDNESDAY, FEBRUARY 22, 1984

2043

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits . . $ 479,964

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

A FDC-- Family Foster

Care ................ $ 4,079,000

AFDC-- Institutional Care

Foster Care .......... $ 1,184,800

Specialized Foster Care . $ 355,300

Child Welfare-

Family Foster Care .... $ 7,721,000

Adoption Supplement .... $ 683,000

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,400

Day Care .............. $ 18,933,000

Psychiatric, Psychological

and Speech Therapy ... $ 130,000

Maternity Care ......... $

50,000

Return of

Runaways--County .... $

7,000

Child Welfare Institutional

Foster Care .......... $ 575,000

Home

Management--Contracts $ 161,500

Outreach--Contracts . ... $ 773,800

Special Projects ......... $

22,000

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

50,000

Total .................. $ 35.760.764

State Funds

Pos.

$ 47,996

0

$ 215,000

0

$ 1,328,530

0

$ 385,890

0

$ 76,500

0

$ 6,235,000

0

$ 631,200

0

$ 16,000

0

$ 99,400

0

$ 3,122,000

0

$ 130,000

0

$ 50,000

0

$

7,000

0

$ 575,000

0

$ 23,500

0

$ 124,800

0

$ 22,000

0

$ 50,000

0

$ 13.139.816

0

5. 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

1,192,800 27,855 27,965
6,050 1,693 60,000
30,380 3,500

2044

JOURNAL OF THE SENATE

6. 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. ................................$ Payments to DMA ....................... $ Postage .................................$ Total Funds Budgeted .................... $ Social Services
Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,530,581 61,417 101,991 --0-- 34,136 29,171 ---0-- 40,700 65,948
21,141,921 --0--
2,846,618 11,271
26,863,754
3,368,100 17,696,392 5,799,262
103 224

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning ............. $ 2,720,280

Aging Services ........ $ 19,189,600

Alternative Health Services $ 3,667,813

Undistributed

... $ 1,286,061

Total .................. $ 26,863,754

State Funds

Pos.

$ 639,957

41

$ 1,452,900

0

$ 2,970,313

39

$ 736,092

23

$ 5,799,262

103

7. 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 .................................$ Grants for Nephrology Centers ............. $ Contract with Vocational
Rehabilitation Community Facilities .............................. $ Contract for Epilepsy ..................... $ Case Services ............................ $

21,151,900 1,093,580 507,900 14,500 48,100 17,067 744,763 936,029 565,100 747,802 212,300 88,700 230,000
3,928,000 65,000
9,202,500

WEDNESDAY, FEBRUARY 22, 1984

2045

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

75,000
110,000 143,000 39,881,241
-- 0-- 27,016,103 12,865,138
807 24

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

$ and Support ..........

2,469,098

$ Grants Management ....

522,700

Atlanta Rehabilitation
$ Center ............... $ Alto Rehabilitation Center

1,883,000 280,490

Rehabilitation Center for
$ the Deaf--Cave Spring

413,100

Central Rehabilitation

$ Center ...............

500,181

Georgia Vocational

Adjustment Center--

Gracewood ...........

375,403

Ireland Rehabilitation

Center ...............

346,253

M. S. McDonald

Evaluation Center ....

162,630

J. F. Kennedy Center ...

405,778

Production Workshop

869,950

District Field Services. . . . 26,609,055

Independent Living ......

226,093

Sheltered Employment . .

889,510

Community Facilities ....

3,918,000

Undistributed ...........

10,000

Total .................. 39,881,241

State Funds

Pos.

$$

897,109 448,897

48 2

$$

376,500 56,098

65 10

$ 82,620

16

$ 100,036

18

$ 75,081

17

$ 69,251

13

$ 32,526

6

$ 82,935

16

s$;

0

$ 6,109,702 573

$ 226,093

8

$ 380,290

15

$ 3,918,000

0

$ 10,000

0

$ 12,865,138 807

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 ....

$ 8,499,500

$ 1,572,900

$

41,000

$

39,400

$

15,000

$

83,000

$

58,000

$ 167,200 $ 1,109,900

2046

JOURNAL OF THE SENATE

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

475,000 13,000 25,000
12,098,900
8,759,467 3,339,433
413 24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Administration ....... Rehabilitation Services Undistributed ........ Total ...............

Total Funds

$ 4,879,950

$ 7,189,450

$

29,500

$ 12,098,900

State Funds

Pos.

$ 2,356,386

146

$ 953,547

267

$

29,500

0

$ 3,339,433

413

9. 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

3,671,900 5,178,048
16,500
6,300 95,000 60,696
26,900 96,950 112,200
5,200
9,269,694 8,846,694
423,000 27 14

Georgia Factory for the Blind Functional Budgets

Operations . . Supervision . . Undistributed Total ......

Total Funds

$ 8,846,694

$ 423,000

$

--0--

$ 9,269,694

State Funds

Pos.

$

--0--

9

$ 423,000

18

$

---0--

0

$ 423,000

27

WEDNESDAY, FEBRUARY 22, 1984

2047

10. 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

9,716,000 270,613 29,700 --0-- 49,800 14,350 364,724 575,681 455,200 825,225 --0-- 203,000
9,582,679 22,086,972 22,086,972
--0-- 407

11. Family and Children Services Budget:

Personal Services ......................... $ 10,483,700

Regular Operating Expenses ............... $ 15,715,708

Travel ..................................$ 344,400

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

--0--

Publications and Printing .................. $ 892,680

Equipment Purchases ..................... $

7,200

Computer Charges ....................... $ 8,332,579

Real Estate Rentals ...................... $ 196,895

Per Diem, Fees and Contracts ............. $ 6,897,300

Telecommunications ...................... $ 1,067,025

Utilities .................................$

7,200

Postage ................................. $ 1,017,800

AFDC Benefits ......................... $ 208,591,526

Local Services Benefits

Payments Grants ....................... $ 64,072,862

Grant to Counties for

Social Services ......................... $ 47,543,770

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

3,500

Grants to Fulton County for

24-hour Emergency Social

Services. .............................. $ 191,500

Homemaker Meals ....................... $

96,300

Chatham County Homemaker

Project ...............................$ 457,200

Douglas County Homemaker

Project ............................... $ 116,700

Fulton County Homemaker Project ......... $ 302,700

Total Funds Budgeted .................... $ 366,338,545

Agency Funds ........................... $ 215,218,352

2048

JOURNAL OF THE SENATE

Social Services

Block Grant Funds ............. ........ $ 18,386,587

State Funds Budgeted ............ ........ $ 132,733,606

Total Positions Budgeted

375

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$ 1,429,000

AFDC Payments ........ $ 202,020,000

SSI --Supplement

Benefits .............. $

3,500

Energy Benefits ......... $ 14,500,000

Local Services-- Benefits

Payments Grants

$ 62,902,530

Grants to Counties

for Social Services ..... $ 47,543,770

Food Stamp Issuance

$ 2,941,000

Grants to Fulton County

for 24-hour Emergency

Services .............. $

191,500

Homemaker Projects . . . . . $ 972,900

Director's Office ......... $ 567,880

Administration

and Management ...... $ 3,823,725

District Administration $ 3,768,145

Program Planning

and Development ...... $ 1,120,971

Program Management

and Training ......... $ 5,171,950

Management Information

Systems. ............. $ 10,575,009

Child Development

Administration

... $ 1,064,807

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

-- 0--

Undistributed ........... $ 7,741,858

Total .................. $ 366,338,545

State Funds

Pos.

$

-- 0--

0

$ 65,797,900

0

$

3,500

0

$

--0--

0

$ 31,374,555

0

$ 22,597,770

0

$

-- 0--

0

$ 191,500

0

$ 391,500

0

$ 567,880

9

$ 2,493,708

95

$ 3,768,145

106

$ 1,120,971

16

$ 1,887,950

58

$ 6,172,908

57

$ 1,064,807

34

$ (7,425,000)

0

$ 2,725,512

0

$ 132,733,606

375

Budget Unit Object Classes:

Personal Services ................. ........ $ 112,983,831

Regular Operating Expenses .... ........ $ 51,708,577

Travel .......................... ........ $ 2,792,341

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

63,232

Publications and Printing

........ $ 1,586,876

Equipment Purchases ............. ........ $ 342,123

Computer Charges ............... ........ $ 12,696,150

Real Estate Rentals .............. ........ $ 5,547,008

Telecommunications .............. ........ $ 3,684,963

Per Diem, Fees and Contracts ..... ........ $ 73,066,333

Utilities .........................

$ 989,350

Postage ......................... ....... $ 1,976,031

Capital Outlay ...................

$

-- 0--

WEDNESDAY, FEBRUARY 22, 1984

2049

Grants for Regional Prenatal

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

Crippled Children Benefits. ................ $ 4,354,000

Crippled Children Clinics ................. $ 517,572

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,105,400

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants .......................... $ 3,994,000

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

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

175,000

Grant-In-Aid to Counties .................. $ 35,064,160

Work Incentive Benefits ................... $ 479,964

Grants to Fulton County

for 24-hour Emergency

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

191,500

Benefits for Child Care ................... $ 16,064,200

Homemaker Meals ....................... $

96,300

Chatham County

Homemaker Project .................... $ 457,200

Douglas County

Homemaker Project .................... $

116,700

Fulton County Homemaker Project ......... $ 302,700

Grants for Nephrology Centers ............. $ 230,000

Case Services ............................ $ 18,810,179

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

75,000

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

3,500

AFDC Benefits .......................... $ 208,591,526

Local Services Benefits

Payments Grants ....................... $ 64,072,862

Grants to Counties for Social

Services ....,..........................$ 47,543,770

Contract with Vocational

Rehabilitation Community

Facilities .............................. $ 3,928,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program .................... $

100,000

Contract with the

Affirmative Industries ................... $

110,000

Institutional Repairs

and Maintenance ....................... $

--0--

Contract with Emory University

for Arthritis Research .................. $ 210,000

Grant for Epilepsy Program ............... $

65,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

Contract for Scoliosis

Screening . ........................... $

115,000

Menninger Group Homes ................. $ 376,000

Contract--Georgia

Advocacy Office, Inc.

...

$ 215,000

Grant for Teenage Pregnancy

Prevention Program .................... $ 250,000

2050

JOURNAL OF THE SENATE

Contract--Cancer Research at Emory .................
Contract--Macon-Bibb County Hospital Authority .........
Cerebral Palsy Contract....... Grants to Counties for
Metabolic Disorders
Screening and Testing ...... Payments to DMA ........... Contract with
Housing Alternatives ....... Contract with Auditory
Educational Clinic.......... Total Positions Budgeted

$ 115,000
$ 5,500,000 $ 143,000

$

45,000

$ 2,846,618

$

70,000

$

78,000

4,280

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to oper ate the Hemophilia Program in Augusta.

Provided that no State funds shall be used for adver tising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than adver tising.

There is hereby appropriated $67,938,246 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1985, the following maxi mum benefits and maximum standards of need shall ap ply:

Number in Asst. Group

Standards of Needs

Maximum Monthly Amount

1

$202

$115

2

306

174

3

366

208

4

432

245

5

494

280

6

536

304

7

580

329

8

616

350

9

648

368

10

694

394

11

742

421

WEDNESDAY, FEBRUARY 22, 1984

2051

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 56.77% of the above stan dard of needs.
Provided, that of the above appropriation, $143,000 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, $42,000 is designated and committed for a grant to Grady Memo rial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided, that of the above appropriation, the De partment of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.
Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose.
Provided further, it is the intent of this General As sembly that AFDC Benefit payments from funds appro priated herein shall be made from the date of certifica tion and not from the date of application.
Provided further, the Department of Human Re sources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the pur pose of maintaining the grounds at the Roosevelt Warm Springs Hospital.
Provided that of the above appropriation relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase or lease of equip ment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended for those per-

2052

JOURNAL OF THE SENATE

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.
Provided that grants of Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or mor bidity, and not to supplant State funds in this appropria tion, provided that such programs not be expanded to levels which such increased funding would not be suffi cient to sustain in subsequent years.
Provided that of the funds available in the Public Health Budget not less than $125,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program.
Provided, that, of the above appropriation relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adoles cents who qualify for Intermediate Level Institutional Foster Care.
Provided that of the above appropriation $27,048 is designated and committed for the operation of the Dalton District DFACS Office, and no funds are authorized for the operation of the Ellijay District DFACS Office.

WEDNESDAY, FEBRUARY 22, 1984

2053

B. Budget Unit: State Health Planning and Development....................
State Health Planning and Development Budget:
Personal Services...................... Regular Operating Expenses ............ Travel ............................... Publications and Printing ............... Equipment Purchases .................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Postage .............................. Total Funds Budgeted ................. Indirect DOAS Services Funding ........ Agency Funds ........................ State Funds Budgeted ................. Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services...................... Regular Operating Expenses ........... Travel ............................... Publications and Printing............... Equipment Purchases .................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Postage .............................. Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions. .............
Departmental Operations:
Personal Services...................... Regular Operating Expenses ............ Travel ............................... Motor Vehicle Equipment Purchases .... Publications and Printing............... Equipment Purchases .................. Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts .......... Utilities..............................

452,232
615,917 47,431 5,000 2,100
15,000 80,200 26,900 69,939 6,600 869,087
615,917
47,431 5,000
2,100
15,000 80,200 26,900 69,939 6,600
21 0
$ 296,570,056
245,269,883 27,254,565
576,700 745,391 60,450 1,773,206 2,063,871 389,146 2,455,351
3,071,050
15,813,801

2054

JOURNAL OF THE SENATE

Postage ................................. $ 209,051

Capital Outlay ........................... $ 254,000

Authority Lease Rentals .................. $ 2,464,752

Grants to County-Owned

Detention Centers ..................... $ 2,187,080

Drug Abuse Contracts .................... $ 958,829

Day Care Centers for the

Mentally Retarded ..................... $ 52,243,577

MR Day Care Center Motor

Vehicle Purchases

$ 602,160

Supportive Living Staff ................... $ 1,401,276

Supportive Living Benefits ................. $ 5,895,000

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 525,000

Community Mental Health

Center Services ........................ $ 63,042,181

Project Rescue ........................... $ 296,300

Project ARC ............................ $

187,600

Project Friendship ........................ $ 250,000

Group Homes for

Autistic Children ....................... $ 276,766

Uniform Alcoholism Projects ............... $ 2,677,905

Child Care Benefits ...................... $

16,000

Community Mental

Retardation Staff ...................... $ 3,256,975

Community Mental Retardation

Residential Services .................... $ 12,466,000

Total Funds Budgeted .................... $ 448,683,866

Agency Funds ........................... $ 124,471,616

Indirect DOAS Services Funding

$

--0--

Social Services

Block Grant Funds ..................... $ 27,642,194

State Funds Budgeted .................... $ 296,570,056

Total Positions Budgeted

12,620/

12,540

Authorized Motor Vehicles

1,549

The expenditure object amounts displayed above re present the budget unit object totals.

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta ...$ 12,044,659 Georgia Regional
Hospital at Atlanta.... $ 15,483,993 Georgia Regional
Hospital at Savannah . $ 12,439,253

State Funds

Pos.

$ 10,271,773

502

$ 12,227,246

637

$ 11,001,586

509

WEDNESDAY, FEBRUARY 22, 1984

2055

West Central Georgia
Regional Hospital ..... $ Northwest Regional
Hospital at Rome ..... $ Gracewood State School
and Hospital .......... S

10,457,514 16,329,368 34,103,780

Southwestern State Hospital ............. $ 23,765,243

Georgia Retardation Center ............... $
Georgia Mental Health Institute ...... S
Central State Hospital . . . $

22,500,644
14,908,979 91,522,534

Mental Health Community

Assistance ............ $

Outdoor Therapeutic

Program ............. $

Mental Retardation

Community Assistance . $

Central Pharmacy ....... $

Metro Drug

Abuse Centers ........ $

Day Care Centers for

the Mentally Retarded . $

Supportive Living ....... S

Georgia State Foster

Grandparent/Senior
Companion Program . . . $

Community Mental
Retardation Staff ...... $

Community Mental

$ Retardation
Residential Services ....

Group Homes for

Autistic Children ...... $

Project Rescue .......... s

Drug Abuse Contracts . . . Project ARC ...........

$$

Project Friendship ....... $

Community Mental Health
Center Services ....... $

Uniform Alcoholism
Projects .............. s Central Laboratory ...... $

State Youth
Development Centers . . $

Regional Youth

Development Centers . . $

Group Homes ........... $

Community Detention .... Dav Centers ............

$$

6,078,009
1,147,488
1,754,000 121,476
1,254,588
52,845,737 7,296,276
525,000
3,256,975
12,466,000
276,766 296,300 958,829 187,600 250,000
63,042,181
2,677,905 263,791
16,977,545
11,660,932 499,803
1,096,373 655.359

$ 8,621,213 $ 12,162,575 S 20,469,275

S 15,556,915

$ 13,147,126 * 12,888,510 $ 64,384,673

$ 6,021,109

S 1,147,488
$ 1,754,000 $ 121,476

$ 611,498

$s

20,433,014 4,138,573

420
674
1.546/ 1,533
1,104/ 1,075
882
531 3,862/ 3,824
221
40
62 3
44
0 0

$ 525,000

0

$ 2,368,412

0

$ 7,615,000

0

$ 276,766

0

$ 133,300

0

$ 958,829

0

* 187,600

0

$ 250,000

0

* 27,796,171

0

$* 1,804,411

0 6

$ 16,508,052

741

$ 11,397,964

414

s 499,803

19

$s

1,096,373 655.359

17 23

2056

JOURNAL OF THE SENATE

Community Treatment

Centers .............. $ 1,894,787

Court Services .......... $ 6,310,652

Runaway Investigations $ 389,827

Interstate Compact ...... $

80,700

Purchase of Services ..... $ 654,000

Assessment and

Classification ......... $ 209,000

Total .................. $ 448,683,866

$ 1,894,787

77

$ 6,310,652

258

$ 389,827

15

$ 80,700

3

$ 654,000

0

$ 209,000

10

$ 296,570,056 12,620/

12,540

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 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 flexibility in the Community Mental Retardation Residential Services Program to use benefits to contract with private home providers for service or to provide small group living situ ations or semi-independent living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution.
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 home providers for services in the home and/or to provide small group resi dences for clients and/or provide respite care services for

WEDNESDAY, FEBRUARY 22, 1984

2057

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 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.
Provided, that of the above appropriation relating to Georgia State Foster Grandparent/Senior Companion Program, no funds are to be expended for administrative cost of the program.
Provided, however, the Department is authorized to utilize $507,600 of available surplus and reserves of the Georgia Building Authority (Hospital) to fund major maintenance and repairs at Atlanta Regional Hospital ($165,000), Georgia Retardation Center ($64,000),

2058

JOURNAL OF THE SENATE

Gracewood State School and Hospital ($220,600) and Georgia Mental Health Institute ($58,000).

Section 24. Department of Industry and Trade.

A. Budget Unit: Department of Industry and Trade ............................ $ 11,269,691

State Operations Budget:

Personal Services ..................... Regular Operating Expenses ........... Travel .............................. Motor Vehicle Equipment Purchases .... Publications and Printing.............. Equipment Purchases ................. Computer Charges ................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts ......... Postage ............................. Local 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..................... $ Payment to Georgia Development Authority. ................. $ Contract--Georgia Association of Broadcasters ........................ $ Southern Center for International Studies.................... $ Contract--Lanier Regional Committee ............................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,560,369 696,763 277,100 13,000 295,650 23,669 92,325 313,085 160,564 156,850 145,000 110,000
1,243,000
2,735,000
6,144,392
40,000
25,000 25,000 20,000
600,000
350,000
51,500
25,000
18,103,267 11,269,691
193 21

The expenditure object amounts displayed above re present the budget unit object totals.

WEDNESDAY, FEBRUARY 22, 1984

2059

Department of Industry and Trade Functional Budgets

Total Funds Industry ............... $ 738,382 Research ............... $ 449,064 Tourism--Promotional . . $ 1,177.387 Tourist--Welcome Centers $ 2,107,904 Internal Administration .. $ 11,438,380 International. ........... $ 949,150 Advertising ............. $ 1,243,000 Total .................. $ 18,103,267

State Funds

Pos.

$ 738,382

18

$ 449,064

14

$ 1,177,387

27

$ 2,007,904

93

$ 4,704,804

24

$ 949,150

17

$ 1,243,000

0

$ 11,269,691

193

Provided, however, that of the above appropriation relative to advertising, $12,000 is designated and commit ted for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.
B. Budget Unit: Authorities .................. $

--0--

I. Georgia World Congress Budget:

Personal Services

.. .. $

Regular Operating EExxppeennsses ........... .... $

Travel .........

.... $

Motor Vehicle E >ment Purchases ... .. .. $

Publications and Prinuttiing .............

$

Equipment Purchasess ................. .... $

Computer Charges

.... $

Real Estate Rentals

.$

Telecommunications

.... $

Per Diem, Fees and Contracts ......... .... $

Atlanta Convention and
Visitors Bureau -A".'.'.'. .'.'.'.'.'.'.'.'.'.'.'. .... $

Total Funds Budgeted

.... $

State Funds Budgete:dd ................ .... $

Total Positions Budg;eetted

5,083,711 2,300,136
42,000 --0-- 36,000 50,000 18,000 -- 0-- 80,160 339,600
1,416,000 9,365,607
-- 0-- 215

irity Budget:

Personal Services

.... $

Regular Operatin expenses ........... .... $

Travel .........

. . .. $

Motor Vehicle EC >ment Purchases . ... $

Publications and Prinnting .............. .... $

Equipment Purchasess ................. .... $

Real Estate Rentals

. . .. $

Telecommunications

.... $

G.O. Bonds and Les se Rentals ......... .... $

Computer Charges

.... $

Per Diem, Fees and Contracts ......... .... $

Other Debt-Service Payments .......... .... $

Capital Outlay--Internal

Operations ..........

$

Capital Reinvestment .

24,911,178 8,657,251 478,728 656,000 118,919 2,604,560 109,343 333,256 7,233,576 502,856 1,332,740 820,000
1,113,153

2060

JOURNAL OF THE SENATE

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

3. Georgia 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 .....

Total Funds Budgeted

..........

State Funds Budgeted ...............

Total Positions Budgeted

48,871,560 --0-- 780
215,000 5,500 8,000
.$ .$
20,000 15,000 7,000 70,000 350,000

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 G.O. Bonds and Lease Rentals Other Debt-Service Payments . Capital Outlay--Internal
Operations ................ Atlanta Convention and
Visitors Bureau ............

30,209,889 10,962,887
528,728 656,000 164,419 2,654,560 540,856 124,343 420,416 1,742,340 7,233,576 820,000
1,113,153
1,416,000

WEDNESDAY, FEBRUARY 22, 1984

2061

Total Positions Budgeted

999

Authorized Motor Vehicles

36

Section 25. Department of Labor.

Budget Unit: Department of Labor .

$ 4,006,375

State Operations:

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 (JTPA) .................. $ .... $
W.I.N. Grants ....................... .... $
Total Funds Budgeted ................ . $ State Funds Budgeted ................ . $
Total Positions Budgeted
Authorized Motor Vehicles

54,778,911 2,602,196 1,215,600
17,380 564,648 1,723,700 1,615,300 1,194,000
50,000 950,600 287,600 64,999,935 4,006,375
1,930 6

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Labor Functional Budgets

Total Funds Inspection ........... $ 800,335 Basic Employment....... $ 50,792,000 Work Incentive ......... $ 2,630,400 Food Stamps ........... $ 1,188,300 Job Training Partnership . $ 7,453,900 Correctional Services .... $ 2,135,000 Total .................. $ 64,999,935

State Funds

Pos.

800,335

28

808,000 1,495

263,040

82

47

200

2,135,000

78

4,006,375 1,930

Section 26. Department of Law.
Budget Unit: Department of Law........... $
Attorney General's Office Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $

5,125,122
4,517,815 263,808 116,000

2062

JOURNAL OF THE SENATE

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 Authorized Motor Vehicles

33,500 10,600 68,392 314,607 100,200
36,500
60,000 --0--
5,521,422 5,125,122
119 1

The expenditure object amounts displayed above re present the budget unit object totals.
Provided, however, that of the above appropriation relative to regular operating expenses, $30,500 is desig nated and committed for Court Reporter Fees.

Section 27. Department of Medical Assistance.

Budget Unit: Medicaid Services

$ 226,715,612

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 ......... Medicaid Benefits ................ Payments to Counties for
Mental Health ................. Audits Contracts ................. Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

5,587,210 171,322 117,725
94,100 13,010 4,589,565 928,900 188,625 10,572,540 150,000 732,760,318
$ 10,385,150 $ 766,500 $ 766,324,965 $ 226,715,612
223 3

The expenditure object amounts displayed above re present the budget unit object totals.

WEDNESDAY, FEBRUARY 22, 1984

2063

Medical Assistance Functional Budgets

Total Funds Commissioner's Office.... $ 616,765 Program Management ... $ 11,938,835 Administration.......... $ 2,077,365
Operations ............. $ 6,077,745 Program Integrity ....... $ 2,131,915 Benefits ................ $ 715,432,000
Undistributed ........... $ 28,050,340 Total .................. $ 766,324,965

State Funds

Pos.

$ 259,785

11

$ 1,439,825

41

$ 746,395

36

$ 1,519,435

50

$ 916,855

70

$ 213,863,830

0

$ 7,969,487

15

$ 226,715,612 223

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 28. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration Agency Assessments ................... $

5,513,215

Departmental Operations Budget:

Personal Services ......................... $ 4,122,756

Regular Operating Expenses ............... $

98,575

Travel ..................................$

46,848

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

--0--

Publications and Printing .................. $ 149,216

Equipment Purchases ..................... $

6,311

Computer Charges ....................... $ 1,339,800

Real Estate Rentals ...................... $ 573,145

Telecommunications ..................... $ 109,270

Per Diem, Fees and Contracts ............. $ 17,011,989

Postage ..........................$ 135,860

Federal Sub-grants to

State and Local Agencies ............... $

--0--

Health Insurance Claim Payments .......... $ 181,950,000

Total Funds Budgeted .................... $ 205,543,770

Agency Assessments ...................... $ 5,513,215

Employee and Employer

Contributions .......................... $ 199,996,856

Deferred Compensation ................... $

33,699

Total Positions Budgeted

162

Authorized Motor Vehicles

0

The expenditure object amounts displayed above re present the budget unit object totals.

2064

JOURNAL OF THE SENATE

Merit System Functional Budgets

Total Funds

Applicant Services...... $ 1,671,852

Classification and

Compensation

$ 742,407

Program Evaluation and

Audit. ............... $ 572,874

Employee Training and

Development.......... $ 882,901

Health Insurance

Administration

$ 5,609,255

Health Insurance Claims $ 194,207,939

Internal Administration $ 872,340

Commissioner's Office $ 984,202

Total .................. $ 205,543,770

State Funds

Pos.

$

--0--

39

$

--0--

19

$

--0--

13

$

--0--

23

$

--0--

27

$

--0--

0

$

--0--

33

$

--0--

8

$

--0--

162

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 $108.30 per merit system budgeted position for the cost of departmental operations.

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 49,558,621

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

Capital Outlay--Heritage Trust ............ $

Total Funds Budgeted .................... $

Receipts from Jekyll Island

State Park Authority ................... $

2,384,400 162,169 19,500 8,800 180,500 8,000 160,597 165,527 72,914 105,005 89,586
500,000 75,000 3,931,998
53,750

WEDNESDAY, FEBRUARY 22, 1984

2065

Receipts from Stone Mountain Memorial Association ...........
State Funds Budgeted ............ Total Positions Budgeted
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
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

328,500 3,549,748
80

$$

13,380,795 3,080,391

$$

80,000 713,039

$$

78,000 430,700

$

43,993

$$

45,394 232,786

$$

80,800 62,466

333,713

375,000 18,937,077
__Q__
15,312,810 477

9,393,594 3,683,267
77,878 285,300
98,355 219,000
17,000 130,765 248,279 61,202 57,600
829,000 300,000 1,025,000 1,857,000
1,400,000 415,000 186,000 50,000
$ 1,457,663

2066

JOURNAL OF THE SENATE

Technical Assistance Contract ..... Grant--The Hay House ........... Contract--Corps of Engineers
(Cold Water Creek St. Park) .... Grant--Tybee Island ............. Advertising and Promotion ........ Total Funds Budgeted ............ Indirect DOAS Services Funding . . . State Funds Budgeted ............ Total Positions Budgeted
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
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 . Capital Outlay--Repairs and
Maintenance .................. Total Funds Budgeted ............

125,000
126,192 60,000 100,000 22,203,095 --0-- 13,128,095
374

$$$

9,959,498 641,805 242,400

$$$$$$

67,631 85,117 78,751
134,000 516,905 186,372

$$$

540,710 96,112
1,000,000

$ 6,000,000

$ 250,437

$

125,000

$

10,000

$ 19,934,738

$ 16,485,738

314

781,492 174,943 11,950 24,000 20,208 23,241 14,477
20,530 8,500 9,639 20,000
33,250 1,142,230

WEDNESDAY, FEBRUARY 22, 1984

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 .............

Capital Outlay--

Consolidated Maintenance .......

Technical Assistance Contract

Contract--Georgia Rural

Water Association ..............

Grant--The Hay House

...

Contract--Corps of Engineers

(Cold Water Creek St. Park)

Grant--Tybee Island .............

Advertising and Promotion ........

2067
1,082,230 26
35,899,779 7,742,575 431,728 1,098,770 462,180 759,692 370,067 858,591 760,881 796,217 315,403
1,400,000 415,000
6,000,000
1,000,000
250,437
125,000
862,250 300,000
75,000 1,857,000 1,025,000
500,000
186,000 50,000
375,000
1,457,663
20,000
333,713 125,000
10,000 --0--
126,192 60,000 100,000

2068

JOURNAL OF THE SENATE

Total Positions Budgeted

1,271

Authorized Motor Vehicles

1,021

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.

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

1,672,614 716,279 3,700 22,000 46,320 80,738 4,000
44,733 20,620

WEDNESDAY, FEBRUARY 22, 1984

2069

2. Jckyll 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 .............. 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

$$$$$$

2,834,785 1,865,000
32,000 60,000 35,000 75,000

$

-- 0--

$$$$$

-- 0--
42,000 80,000 -- 0-- -- 0--

$

--0--

53,750 5,077,535

165

4,507,399 2,581,279
35,700 82,000 81,320 155,738 4,000
86,733 100,620

Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Departmental Operations
Departmental Operations Budget:
Personal Services................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Equipment Purchases

$ 22,298,886
8,574,790 605,600 340,680

2070

JOURNAL OF THE SENATE

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

Local Jail Equipment Grants .......

$

Grants for Local Jails .............. ...... $

Total Funds Budgeted ............. ...... $

State Funds Budgeted .............. ...... $

Total Positions Budgeted

Authorized Motor Vehicles

53,600 43,290 650,578 989,593 317,600 913,655 44,000 7,117,500 753,000 300,000 550,000
840,000
400,000 22,493,886 22,298,886
336 70

The expenditure object amounts displayed above re present the budget unit object totals.

Departmental Operations Functional Budgets

Total Funds General Administration
and Support ......... . $ 6,338,596 Adult Facilities
and Programs ........ . $ 14,972,195 Training and Staff
Development ......... . $ 1,233,095 Undistributed .......... . $ (50,000) Total ................. . $ 22,493,886

State Funds

Pos.

$ 6,338,596

139

$ 14,777,195

165

1,233,095

32

(50,000)

0

22,298,886

336

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.........................

$ 133,305,661

Institutional Operations Budget:

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

$ 89,812,385

WEDNESDAY, FEBRUARY 22, 1984

2071

Regular 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.................... $ Inmate Release Funds .................... $ Health Services Purchases ................. $ Payments to the Medical
Association of Georgia for Jail and Prison Health Care Certification ...................... $ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

17,715,549 72,765 241,000 80,000
1,624,887 --0--
236,530 882,850 272,000 6,618,650
2,296,600
951,700 916,000 11,878,464
40,480 440,000 1,025,000 135,104,860 133,305,661
4,603 379

The expenditure object amounts displayed above re present the budget unit object totals.

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds Georgia Training and
Development Center ... $ 1,700,725 Georgia Industrial
Institute ............. $ 7,006,165 Alto Education and
Evaluation Center . . . . . $ 1,505,095 Georgia Diagnostic and
Classification Center ...$ 7,451,535 Georgia State Prison .... $ 18,801,198 Consolidated Branches ... $ 11,995,515 Middle Georgia
Correctional Institution. $ 18,511,406 Jack T. Rutledge
Correctional Institution. $ 3,574,895 Central Correctional
Institution............ $ 3,011,320 Metro Correctional
Institution. ...........$ 4,018,750

State Funds

Pos.

$ 1,700,725

66

$ 7,006,165

298

$ 1,247,240

48

$ 7,451,535

321

$ 18,801,198

872

$ 11,869,475

515

$ 18,511,406 804

$ 3,574,895

155

$ 3,011,320

135

$ 4,018,750

183

2072

JOURNAL OF THE SENATE

Coastal Correctional

Institution............ $

Central Funds .$

D.O.T. Work Details . . . . $

Food Processing and

Distribution .......... $

Farm Operations ........ $

Dodge Correctional

Institution............ $

Transitional Centers

$

Augusta Correctional and

Medical Institution . $

Health Care ............ ^

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

Total ..................$

3,893,190 8,301,745
618,000
10,777,300 4,737,070
3,239,184 3,196,935
5,366,697 17,718,135
(320,000) 135,104,860

$ 3,841,350

$ 8,301,745

$

--0--

$ 10,075,836 $ 4,693,070

$ 3,239,184 $ 3,196,935

$ 5,366,697 $ 17,718,135 $ (320,000) $133,305,661

176 3 32
192 37
144 119
254 237
12 4,603

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, 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 Authorized Motor Vehicles

11,258,630
9,334,337 262,688 394,118 40,000 34,880 98,352 68,371 605,403 263,390 22,091 135,000
11,258,630 11,258,630
424 27

The expenditure object amounts displayed above re present the budget unit object totals.

WEDNESDAY, FEBRUARY 22, 1984

2073

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 Authorized Motor Vehicles

1,998,400
635,225 50,000 45,000
9,100 107,000
5,863
32,450
64,000 320,900 6,060,000
84,000
9,411,938

The expenditure object amounts displayed above re present the budget unit object totals.

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 ..... 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 .............

25,492,120
21,068,002 444,354 447,675
45,200 87,066
408,584 308,100
6,272 7,000 22,822,253 20,929,841
933
3,928,973
301,720
21,910
35,400

2074

JOURNAL OF THE SENATE

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

--0-- 291,156 55,200 257,500
--0-- 360,000 5,251,859 4,562,279
196
24,996,975 746,074 469,585 ---0-- 45,200 122,466 ---0-- 699,740 363,300 263,772 7,000 360,000 1,129 93

Section 31. Department of Public Safety
Budget Unit: Department of Public Safety ................................$
1. Office of Highway Safety Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

58,660,163
295,843 21,311 9,200 --0-- 2,500 --0-- 11,900 --0-- 12,000 --0-- 3,500 356,254 178,127
8
4,413,820 1,032,208
66,000 --0-- 36,000

WEDNESDAY, FEBRUARY 22, 1984

2075

Equipment Purchases ........... Computer Charges ............ Real Estate Rentals ........... Telecommunications ............ Per Diem, Fees and Contracts . . Postage ...................... Total Funds Budgeted .......... Indirect DO AS Services Funding State Funds Budgeted ......... Total Positions Budgeted

35,000 --0-- --0--
120,800 30,303 22,000 5,756,131 --0--
5,722,964 170

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

5,978,756 789,025 855 --0--
182,475 100,000 2,241,515
4,800 72,000 2,275 583,000 185,000 -- 0--
816,000 10,955,701
-- 0--
10,955,701 310

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

27,401,978 4,607,084
47,945 4,100,000
232,525 207,500
2,207 393,000 60,647 36,000
--0--
37,088,886 --0--
37,088,886 992

2076

JOURNAL OF THE SENATE

5. Georgia Peace Officer Standards and Training Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Peace Officers Training Grants Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
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

723,300 77,800 30,000 9,000 17,900
702 70,000 48,500 19,100
13,500 5,550
1,804,843 2,820,195 2,820,195
25
515,427 149,000
6,850
9,500 7,400 16,000
17,750
143,000
2,600 867,527 822,527
16
340,797
47,100 14,000 30,000 3,000 14,000 30,558
15,182 11,000 110,000 5,700 621,337 556,337
13

WEDNESDAY, FEBRUARY 22, 1984
Georgia Firefighter Standards and Training Council Budget:
Personal Services ..................... .... $ Regular Operating Expenses ........... .... $
.. .. $ Motor Vehicle Equipment Purchases ... .... $ Publications and Printing .............. .... $
.... $ Computer Charges ................... .... $ Real Estate Rentals .................. .. .. $ Telecommunications .................. .... $ Per Diem, Fees and Contracts ......... .... $ Postage ............................. .... $ Total Funds Budgeted ................ .. .. $ State Funds Budgeted ................ .... $ Total Positions Budgeted
9. Organized Crime Prevention Council Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
10. Georgia Public Safety Training Facility Budget:
Personal Services................. Regular Operating Expenses ....... 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

2077
128,301 12,540 9,200 8,800 2,100 2,000 5,100 3,500 4,500 15,000 2,600 193,641 193,641
4
129,455 16,337 9,500
--0-- 3,000 29,082
700 190,074 190,074
3
101,800 4,961 4,500 9,000 250 1,000 800 3,500 3,000 2,500 400

2078

JOURNAL OF THE SENATE

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ...... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Conviction Reports ....................... $ Peace Officers Training Grant. ............. $ Driver License Processing ................. $ Capital Outlay ...........................$ Total Positions Budgeted Authorized Motor Vehicles

40,029,477 6,757,366
198,050 4,156,800
488,250 367,602 2,375,873 77,689 656,150 406,307 662,050 185,000 1,804,843 816,000

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 Vehicles, the De partment of Public Safety is hereinafter authorized to de velop 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.

WEDNESDAY, FEBRUARY 22, 1984

2079

Section 32. 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 .................... $

12,562,455
176,455 12,386,000 12,562,455 12,562,455

The expenditure object amounts displayed above re present the budget unit object totals.
Section 33. Public Service Commission.
Budget Unit: Public Service 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 ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles
The expenditure object amounts displayed above re present the budget unit object totals.

4,354,510
3,452,010 194,018 101,873 68,000 10,000 6,500 125,019 213,700 95,960 165,000
4,432,080 4,354,510
119 26

Public Service Commission Functional Budgets

Administration .... Transportation .... Utilities.......... Total ............

Total Funds $ 983,228 $ 1,582,506
$ 1,866,346 $ 4,432,080

State Funds

Pos.

$ 982,228

22

$ 1,582,506

47

$ 1,789,776

50

$ 4,354,510

119

Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ........ $ 586,813,950

2080

JOURNAL OF THE SENATE

Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. . Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs. . Sponsored Operations .......
Office of Minority Business Enterprise ..........
Special Desegregation Programs . Authority Lease Rentals .... Capital Outlay................ Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Auxiliary Income ............. Indirect Communication Charges State Funds Budgeted ......... Total Positions Budgeted

$ 506,464,583 $ 62,000,000
$ 139,786,726 $ 68,000,000
311,283 296,228 15,538,000
792,396,820
17,500,000 130,000,000 152,574,906
492,321,914 17,086

Provided, that from appropriated funds in this budget unit, the amount of $15,538,000 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

WEDNESDAY, FEBRUARY 22, 1984

2081

from any other source, shall be available for use or ex penditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System.

Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limita tion. Provided, further, that revenue from sales and ser vices shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Provided, further, it is the intent of this General As sembly that the 1 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 .................. $

729,353 --0---
272,900 --0--
1,002,253

2082

JOURNAL OF THE SENATE

3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. . Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs.. . Sponsored Operations ........
Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
4. Marine Institute Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. Sponsored Operations ........
Operating Expenses: Educ., Gen., and Dept. Svcs... Sponsored Operations ........
Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
5. Engineering Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs... Sponsored Operations ........
Operating Expenses: Educ., Gen., and Dept. Svcs... Sponsored Operations ........
Agricultural Research.......... Total Funds Budgeted .........
Less Agency Funds: Departmental Income Sponsored Income ... Other Funds........

937,550 800,000 590,695 943,750 3,271,995
1,743,750 400,000
1,128,245 35
425,165 162,487 227,628 137,513 952,793
300,000
652,793 20

11,298,082 27,655,087
7,370,696 20,998,365
556,276 67,878,506

$

--0--

$ 48,653,452

$ 12,100,000

WEDNESDAY, FEBRUARY 22, 1984

2083

Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 7,125,054
360

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

1,255,711 ---0--
722,706 ---0--
797,641 2,776,058

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $
Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,319,800
1,456,258 52

7. Agricultural Experiment Station Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations .................. $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Fire Ant Research ..................... $
Total Funds Budgeted .................... $

22,430,532 4,300,000
8,127,643 3,200,000
50,000 38,108,175

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 7,500,000 6,854,745
--0-- 23,753,430
869

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

25,673,055 4,250,000
3,590,830 1,750,000 35,263,885

2084

JOURNAL OF THE SENATE

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 .......
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:

6,000,000 5,640,000 23,623,885
970
$ 57,271,423 $ 2,819,815 $ 24,784,283 $ 670,000
$ 85,545,521
1,364,700 3,489,815 50,554,185 1,800,000 28,336,821
3,091

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

$ 1,069,893 454,157 464,480 192,398
2,180,928
2,180,928 61

WEDNESDAY, FEBRUARY 22, 1984

2085

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 .......

801,735
1,044,740 1,846,475

Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

1,389,703

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

135,961
98,893
2,060,000 1,785,000
150,000 185,000 4,414,854 4,414,854
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.

2086

JOURNAL OF THE SENATE

13. Georgia Radiation Therapy Center Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $ Capital Outlay--GRTC Planning Funds ........................ $
Total Funds Budgeted .................... $

694,514 --0--
320,858 --0--
--0-- 1,015,372

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0--

14. Athens and Tifton Veterinary Laboratories Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $

242,231 940,213
--0-- 532,975 1,715,419

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 629,429,788 Sponsored Operations ................... $ 102,927,602
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 187,392,755 Sponsored Operations ................... $ 96,232,603
Office of Minority Business Enterprise ..................... $ 311,283
Special Desegregation Programs ............ $ 296,228 Fire Ant Research ....................... $ 242,398 Agricultural Research. .................... $ 1,020,756

WEDNESDAY, FEBRUARY 22, 1984

2087

Advanced Technology Development Center ................... $
Capitation Contracts for
Family Practice Residency.............. $ New Program Development
Contracts for Family
Practice Residency .....................$ Residency Capitation Grants ............... $ Student Preceptorships .................... $ Authority Lease Rentals ................. $
Capital Outlay--ETMH Renovations ........................... $
Capital Outlay--GRTC
Planning Funds ........................ $ Total Positions Budgeted

797,641 2,060,000
150,000 1,785,000
185,000 15,538,000
22,710

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 ........ $

Regents Central Office Budget:

Personal Services .

....... $

Operating Expenses

....... $

SREB Payments

....... $

Medical Scholarship)sS .............. ....... $

Regents Opportunityy Grants ........ ....... $

Regents Scholarships

....... $

Grants to Junior Co)llegees .......... ....... $

Rental Payments to Georgia

Military College .......

Research Consortium ......

DeKalb Junior College

Acquisition Grant .......

Total Funds Budgeted ....

State Funds Budgeted ....

Total Positions Budgeted

Authorized Motor Vehicles

24,834,209
3,270,059 636,550
7,137,350 526,250 600,000 200,000
6.766.000
198,000 3,500,000
2,000,000 24,834,209 24,834,209
100 0

The expenditure object amounts displayed above re present the budget unit object totals.
Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
The object class Teachers Retirement has been in cluded in the object class Personal Services in this budget unit.

2088

JOURNAL OF THE SENATE

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 Authorized Motor Vehicles

4,442,705
$ 3,227,460 3,656,842 6,884,302

The expenditure object amounts displayed above re present the budget unit object totals.

Section 35. Department of Revenue.

Budget Unit: Department of Revenue ....... $ 47,105,585

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 .........

County Tax Officials/Retirement

and FICA................. ............ $

Grants to Counties/Appraisal

Staff .................................$

Motor Vehicle Tag Purchases .............. $

Motor Vehicle Decal Purchases ............ $

Postage .................................$

Total Funds Budgeted .................... $

Indirect DOAS Services Funding

$

State Funds Budgeted .................... $

26,429,517 846,751
1,173,794 149,715
1,575,068 464,247
8,254,424 1,391,149
544,946 150,000
1,162,500
1,430,000
1,100,000 338,600
2,094,874 47,105,585
47,105,585

WEDNESDAY, FEBRUARY 22, 1984
Total Positions Budgeted Authorized Motor Vehicles

2089
1,136 65

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Revenue Functional Budgets

Total Funds

Departmental

Administration ....... $ 2,667,058

Internal Administration . . $ 5,282,339

Field Services .......... . $ 10,329,842

Income Tax ........... . $ 6,876,781

Motor Vehicle ......... . $ 11,085,997

Motor Fuel Tax ........ . $ 1,069,331

Central Audit. ......... . $ 3,826,240

Property Tax ..........

3,606,593

Sales and Use Tax

. $ 2,361,404

Total ................. . $ 47,105,585

State Funds

Pos.

2,667,058

32

5,282,339

77

10,329,842 366

6,876,781

142

11,085,997 248

1,069,331

36

3,826,240

95

3,606,593

57

2,361,404

83

47,105,585 1,136

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $1,100,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 1,100,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.

Section 36. Secretary of State.

A. Budget Unit: Secretary of State ............ $ Personal Services ......................... $ 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 .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

12,971,904 8,655,000 1,274,142
169,611 172,952 312,200 86,068 407,360 676,969 284,418 403,245 400,000 267,439 13,109,404 12,971,904

2090

JOURNAL OF THE SENATE

Total Positions Budgeted

362

Authorized Motor Vehicles

72

The expenditure object amounts displayed above re present the budget unit object totals.

Secretary of State Functional Budgets

Total Funds

Internal Administration . . $ 1,487,073

Archives and Records .... $ 2,602,839

Corporations Regulation . . $ 1,267,177

Elections and Campaign

Disclosure ............

954,243

Securities Regulation ....

883,105

Drugs and Narcotics.....

610,934

State Campaign and

Financial Disclosure . . . $ 127,902

Occupational Certification $ 5,176,131

Total .................. $ 13,109,404

State Funds

Pos.

$ 1,484,973

41

$ 2,502,839

91

$ 1,265,177

47

$ 953,843

15

$ 877,105

21

$ 610,934

15

127,902

3

5,149,131

129

12,971,904

362

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 .............. $ Physical Therapy........ $ Podiatry ............... $ Polygraph Examiners .... $

Board Costs 103,573 33,548 738 1,630 7,924 8,967 41,780 21,082 30,131 28,719 3,380 12,828 3,084 3,707 7,802 3,083 134,782
9,840 65,820 6,460 11,680
1,032 60,090 9,321 3,430
1,830

Cost of

Operations

$ 325,753

$ 106,750

$

7,033

$ 51,735

$ 227,321

$ 69,165

$ 272,150

$ 398,827

$ 175,018

$ 235,367

$ 25,262

$ 120,531

$ 18,925

$ 32,295

$ 22,753

$ 16,926

$ 837,714

$ 26,482

$ 589,010

$ 21,794

$ 35,354

$

7,159

$ 347,318

$ 29,034

$ 14,887

$ 22,088

WEDNESDAY, FEBRUARY 22, 1984

2091

Practical Nurssiinngg ....... $

Private Detect.ivivee ........ $

Psychologists ........... $

Recreation . ........... $

Sanitarian . . ........... $

Speech Pathology ....... $

Used Car Deailleers ....... $

Used Car Parts ......... $

Veterinary. ........... $

Wastewater ........... $

Well Water ........... $

Total ..... .....

$

64,496 26,200 14,686 2,080 4,375
2,243 11,240 3,770 21,255 5,525 4,360 776.491

$ 418,501 $ 215,737 $ 61,606 $ 13,860 $ 19,803 $ 16,465 $ 173,417 $ 49,718 $ 78,549 $ 62,219 $ 20,684 S 5.167.210

B. Budget Unit: Real Estate Commission.

975,965

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
Authorized Motor Vehicles

595,047 108,380 12,500 27,000 26,000
5,150 71,288 33,600 18,000 80,000 976,965 975,965
28 12

The expenditure object amounts displayed above re present the budget unit object totals.

Real Estate Commission Functional Budget

State Funds Real Estate Commission. . $ 975,965

Cost of

Operations

Pos.

$ 1,016,915

28

Section 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission .................... $
Administration Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

16,375,250
2,324,327 186,031 52,000 9,000

2092

JOURNAL OF THE SENATE

Publications and Printing . Equipment Purchases Computer Charges 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................... Academic Scholarships Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted Authorized Motor Vehicles

60,000 29,500 335,069 79,265 37,500 525,000 3,113,550 10,567,380 4,215,900
38,000
142,500 120,000
118,600 50,000 22,003,622 16,375,250
97

The expenditure object amounts displayed above re present the budget unit object totals.

Georgia Student Finance Commission Functional Budgets

Internal Administration Higher Education
Assistance Corporation Georgia Student Finance
Authority ........... Total .................

Total Funds $ 3,112,692
$ 525,000
$ 18,365,930 $ 22,003,622

State Funds

Pos.

$

-- 0--

97

$ 350,000

16,025,250

0

16,375,250

97

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.
Designated Totals for Guaranteed Educational Loans:
(Cancellable loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000

WEDNESDAY, FEBRUARY 22, 1984

2093

C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teach ers: Not to exceed $30,000
E) Students who are to become mathematics or science teachers: Not to exceed $300,000
Provided, that the above appropriated amount rela tive to Tuition Equalization Grants provides for payment of grants of $725 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.

Section 38. 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 Authorized Motor Vehicles

783,937
498,997 50,780 47,800

The expenditure object amounts displayed above re present the budget unit object totals.

Section 39. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System . . $
Departmental Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

10,638,000
1,692,661 68,794 22,250

2094

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases

$

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges

$

Real Estate Rentals

$

Telecommunications ...................... $

Per Diem, Fees and Contracts

$

Postage .................... .............$

Post-Retirement Benefit

Adjustment. ........................... $

Cost of Living Increases for

Local Retirement System

Members.............................. $

Floor Fund for Local

Retirement Systems .................... $

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

--0-- 50,000 10,420 502,184 185,115 58,298 208,500 80,000
8,100,000
1,320,000
1,218,000 13,516,222 10,638,000
67 1

The expenditure object amounts displayed above re present the budget unit object totals.

Section 40. Department of Transportation.

Budget Unit: Department of Transportation . $ 414,376,614

1. Planning and Construction Budget:

Personal Services ......................... $ 71,742,911

Regular Operating Expenses

$ 4,784,460

Travel .......................$ 1,083,800

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

--0--

Publications and Printing .................. $ 204,254

Equipment Purchases ..................... $

55,300

Computer Charges ....................... $

--0--

Real Estate Rentals ...................... $

28,295

Telecommunications ...................... $ 1,050,044

Per Diem, Fees and Contracts ............. $ 5,432,215

Capital Outlay........................... $ 436,414,260

Geodetic Control ......................... $ 325,000

Total Funds Budgeted .................... $ 521,120,539

State Funds Budgeted .................... $ 196,656,321

Total Positions Budgeted

3,006

2. Maintenance and Betterments Budget:

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

63,215,609 38,806,433
369,580 --0-- 20,000

WEDNESDAY, FEBRUARY 22, 1984

2095

Equipment Purchases ..................... $

--0--

Computer Charges ....................... $

--0--

Real Estate Rentals ......................$

810

Telecommunications ...................... $ 180,000

Per Diem, Fees and Contracts ............. $ 1,039,175

Capital Outlay........................... $ 50,150,000

Total Funds Budgeted .................... $ 153,781,607

State Funds Budgeted ................... $ 149,884,825

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 2,239,987
53,515 3,293,502
3,093,502

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

9,908,351 960,000 110,000 --0-- 560,000 ---0-- 460,800
1,056,209 300,232 234,897
24,452,289
33,645,856 71,688,634 41,236,634
338

As authorized in the amended General Appropria tions Act for State Fiscal Year 1981, $208,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $187,650,000 (90%) is to be repaid to the State from Federal Interstate Funds. $24,748,573 has been repaid leaving a balance due of $162,901,427. The General As sembly of Georgia recognizes that the Department of Transportation is seeking a partial Federal reimburse-

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JOURNAL OF THE SENATE

ment of $30,000,000 in order to provide for debt service payment of $30,000,000 to the State of Georgia General Obligation Debt Sinking Fund, for debt service on ex isting bonds issued for advance construction of the Inter state System. This payment shall be applied to the $162,901,427 balance due leaving a principal balance due of $132,901,427 to be repaid to the State on bonds that have been issued for advance construction of the Inter state System.
Debt service on the new $30 million bond issue for advance construction of the Interstate System shall also be provided from the General Fund or Federal Interstate payback funds. Federal Interstate Funds amounting to 90% of the total bond issue shall be repaid to the State from future Federal Interstate apportionments. This re payment shall be in addition to the balance due on bonds that have already been issued for advance construction of the Interstate System.
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-

WEDNESDAY, FEBRUARY 22, 1984

2097

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 Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Divi sion of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage infor mation is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 48-14-3 against the amount of funds expended by each county in such year for the purposes authorized by said Section.

2098

JOURNAL OF THE SENATE

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 and State Parks and Historic Sites .................... $

325,000 463,295

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue re quired under Article III, Section IX, Paragraph VI, sub section (b) of the State Constitution.
6. Assistance to Municipalities Budget:

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

9,317,000 9,317,000 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended (Code Sections 36-40-41 through 36-40-45).
Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

WEDNESDAY, FEBRUARY 22, 1984

2099

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 ............

515,000 510,924
1 1 ,400 --0--
700 388,000
-- 0-- 1
6,500 400
-- 0-- 1,432,925 1,007,925
16
702,000 44,537 13,500 --0-- 23,100
1,389 --0--
1 21,700 611,800
700,000
1,000,000
150,000 4,748,688 8,016,715 3,463,394
22
400,000
--0-- 400,000 400,000

2100

JOURNAL OF THE SENATE

Budget Unit Object Classes:

Personal Services

$ 146,083,871

Regular Operating Expenses ............... $ 45,106,354

Travel ..................................$ 1,588,280

Motor Vehicle Equipment Purchases ........ $ 1,000,000

Publications and Printing .................. $ 808,054

Equipment Purchases ..................... $ 2,684,676

Computer Charges ....................... $ 460,800

Real Estate Rentals ...................... $ 1,085,316

Telecommunications ...................... $ 1,558,476

Per Diem, Fees and Contracts ............. $ 7,318,487

Capital Outlay........................... $ 486,617,775

Mass Transit Grants...................... $ 4,748,688

Grants to Municipalities

.......

$ 9,317,000

Harbor Maintenance Payments ............. $ 400,000

Grants to Counties ....................... $ 9,317,013

Authority Lease Rentals .................. $ 24,452,289

Capital Outlay--Airport

Development .......................... $ 700,000

State of Georgia General

Obligation Debt Sinking Fund ........... $ 33,645,856

Capital Outlay--Airport

Operational Improvements ............... $ 1,000,000

Capital Outlay--Airport

Approach Aid ......................... $

150,000

Geodetic Control ......................... $ 325,000

Spoilage Area Acquisition

Clearing and Preparation ................ $

--0--

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 ( ]A) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici pation. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual

WEDNESDAY, FEBRUARY 22, 1984

2101

airport project for airports owned by the State of Geor gia.
Provided, that $400,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and improve ments at Savannah.
Provided, further, that the Department of Transpor tation is authorized and directed to transfer to Personal Services from other object classes such funds as are re quired to fund the increased Personal Services costs con templated in this Act, subject only to approval by the Of fice of Planning and Budget.
Provided, that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses.
Provided, however, it is the intent of this General Assembly that no funds be expended for acquisition per taining to, for design or planning for, or for the construc tion of, the Presidential Parkway.

Section 41. Department of Veterans Service.

Budget Unit: Department of Veterans Service ...............................$ 12,720,420

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

Capital Outlay ........................... $

Postage .................................$

Operating Expense/Payments to

Central State Hospital .................. $

Operating Expense/Payments to

Medical College of Georgia .............. $

Regular Operating Expenses

for Projects............................ $

Total Funds Budgeted .................... $

State Funds Budgeted

..... $

Total Positions Budgeted

Authorized Motor Vehicles

3,362,199 47,027 84,000 14,000 20,000 63,149 --0-- 191,204 56,000 7,140 --0-- 31,900
8,207,503
3,691,882
29,092 15,805,096 12,720,420
142 1

2102

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.

Veterans Service Functional Budgets

Veterans Assistance. . . Veterans Home and
Nursing Facility-- Milledgeville....... Veterans Nursing Home--Augusta . . . Total ...............

Total Funds $ 3,827,330
$ 8,252,350
$ 3,725,416 $ 15,805,096

State Funds

Pos.

$ 3,584,969

142

$ 6,515,642

$ 2,619,809

0

$ 12,720,420

142

Section 42. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board .........................

4,693,186

Operations Budget:

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

Regular Operating Expenses ........... .... $

Travel ..............................



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

Publications and Printing .............. .... $

Equipment Purchases ................. .... $

Computer Charges ................... .... $

Real Estate Rentals .................. .... $

Telecommunications .................. .... $

Per Diem, Fees and Contracts ......... .... $

Postage ............................. .... $

Total Funds Budgeted ................ .... $

State Funds Budgeted ................ .... $

Total Positions Budgeted

Authorized Motor Vehicles

3,724,000 87,709 53,500
39,600 7,250 171,688 433,539 89,000 50,400 61,500 4,718,186 4,693,186
144 1

The expenditure object amounts displayed above re present the budget unit object totals.

Workers' Compensation Board Functional Budgets

Total Funds Administration ......... $ 4,319,072 Vocational Rehabilitation $ 399,114 Total ................. $ 4,718,186

State Funds

Pos.

$ 4,294,072

129

$ 399,114

15

$ 4,693,186

144

WEDNESDAY, FEBRUARY 22, 1984

2103

Section 43. 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).................... $

95,173,666 27,052,205

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,416,000 is specifically appropriated for the pur pose of financing the construction and equipping the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than $11,800,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,142,400 is specifically appropriated for the pur pose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issu ance of not more than $34,520,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,641,800 is specifically appropriated for the pur pose of financing a school construction program through out the State of Georgia, which will consist of the con struction, reconstruction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not more than $72,015,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $378,600 is specifically appropriated for the pur pose of financing the acquisition, diking and clearing land for the deposit of spoilage in connection with harbor maintenance by the Department of Transportation through the issuance of not more than $3,155,000 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, $1,104,000 is specifically appropriated for the pur pose of financing the renovation of the Old State Office Building in Fulton County, Georgia through the issuance of not more than $9,200,000 in principal amount of Gen eral Obligation Debt.
Provided, that from the above appropriated amount

2104

JOURNAL OF THE SENATE

for the State of Georgia General Obligation Debt Sinking Fund, $1,200,000 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 $10,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia Obligation Debt Sinking Fund, $3,600,000 is specifically appropriated for the purpose of financing the construction of water and sewer projects through the issuance of not more than $30,000,000 in General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,475,000 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 $20,625,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,600,000 is specifically appropriated for the pur pose of financing the advance construction of the Inter state Highway System through the issuance of not more than $30,000,000 in principal amount of General Obliga tion Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $94,405 is specifically appropriated for the purpose of financing the building, surfacing and resurfacing new and existing roads and parking lots at State and Local Schools, State Institutions, State Parks and Historic Sites through the issuance of not more than $786,705 in princi pal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $400,000 is specifically appropriated for the pur pose of renovations at the Boone Building and Central State Hospital in Baldwin County, Georgia through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt.
Section 44. Cost of Living: In addition to all other appropriations for the State fiscal year ending June 30, 1985, there is hereby appropriated $152,046,073 for the purposes described herein: 1) For a 4% increase with a minimum of $360 per annum for full-time employees of

WEDNESDAY, FEBRUARY 22, 1984

2105

the Executive, Judicial and Legislative branches of State government, effective July 1, 1984; 2) For a 3% increase on the current salary schedule for teachers, public librari ans and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1984; 3) For an additional 7% for those individuals who are working in the teaching area for the major portion of the day, media specialists and counsellors for a total salary increase of 10%; effec tive September 1, 1984; 4) For certificated personnel hav ing 18 or more years creditable service the addition of an 18th year on the teacher salary schedule as a longevity increment based on the existing indexing factors being extended one step for each certificate on the present teacher salary schedule, effective September 1, 1984; 5) For school bus drivers and lunchroom workers a 3% in crease to be effective July 1, 1984; 6) For a 1.5% increase in benefits for retired members of the Employees' Retire ment System on each of the following dates: July 1, 1984 and January 1, 1985; 7) For University System employ ees, a 3% salary increase, to be effective September 1, 1984 for academic contracted personnel; 8) A 3% salary increase effective July 1, 1984, for non-academic person nel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veteri nary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations; 9) An increase of 4% for State Officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in said act, Code Section 45-7-4, effective July 1, 1984); 10) For the addition of a L-4 step to the State Merit System compensation schedule.
Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office.
Section 45. In addition to all other appropriations for the State fiscal year ending June 30, 1985 there is hereby appropriated $3,000,000 for the purpose of pro viding funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $8,024,103 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 ($7,849,103--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

2106

JOURNAL OF THE SENATE

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 46. It is the intent of this General Assem bly that appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt-sinking funds, and that no funds be withdrawn from debt-sinking funds except for the purpose of paying prin cipal, interest and trustees fees, or for transfer to another sinking fund.
Section 47. 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 48. 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 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

WEDNESDAY, FEBRUARY 22, 1984

2107

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 49. 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 50. 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 51. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 52. 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 53. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any rea son any of the sums herein provided under any other pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the gen-

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JOURNAL OF THE SENATE

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 54. 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 1984 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 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 55. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall su persede the object classification shown in the Governor's Budget Report.
Section 56. It is the intent of the General Assem bly that for the purposes of this Act,

WEDNESDAY, FEBRUARY 22, 1984

2109

(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 57. 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 58. It is the intent of this General Assem bly that cost-of-living increases effective July 1, 1984 and January 1, 1985 for retirees in the Employees Retirement System and for retirees in the Teachers Retirement Sys tem 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 can not legally be so limited, this $25.00 per month limitation shall not apply to either system.
Section 59. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1985 ..................... $
Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 61. All laws and parts of laws in conflict with this Act are repealed.

4,297,000,000.

Senator Cobb of the 28th offered the following amendment:
Amend the substitute to HB 1045 offered by the Senate Committee on Appropriations by inserting at the end of Section 34-A the following language:
"Provided, that salary increases for academic contracted personnel, non-academic contracted personnel, and fiscal year contracted personnel shall not exceed twice the percentage increase authorized by the General Assembly for both cost-of-living and merit-type increases."

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JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Cobb of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Cobb Harris

Hill Scott of 36th

Timmons Trulock

Those voting in the negative were Senators:

Allgood 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 Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Greene

Howard

Starr (presiding)

On the adoption of the amendment, the yeas were 7, nays 46, and the amendment was lost.

Senator Cobb of the 28th offered the following amendment:
Amend the substitute to HB 1045 offered by the Senate Committee on Appropriations by inserting at the end of Section 34-A the following language:
"Provided, that salary increases for academic contracted personnel of the University system who are paid more than $40,000 per annum shall be limited to not more than $2,000 per annum to include both costof-living and merit-type increases; provided, further, that salary increases for non-academic contracted personnel and fiscal year contracted person nel of the University system who are paid more than $40,000 per annum shall be limited to $1,000 to include both cost-of-living and merit-type increases."

WEDNESDAY, FEBRUARY 22, 1984

2111

Senator Cobb of the 28th asked unanimous consent to withdraw his amendment. The consent was granted, and the amendment was withdrawn.

Senators Foster of the 50th, Barnes of the 33rd, Hudgins of the 15th and others offered the following amendment:
Amend the substitute to HB 1045 offered by the Senate Committee on Appropriations by striking lines 25 through 28 of Page 137, which read as follows:
"Provided, however, it is the intent of this General Assembly that no funds be expended for acquisition pertaining to, for design or planning for, or for the construction of, the Presidential Parkway.",
in their entirety.

On the adoption of the amendment, Senator Howard of the 42nd 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Coleman

Deal Dean English Fincher Foster Holloway Hudgins Huggins

Land McKenzie Peevy Scott of 2nd Tate Timmons Tysinger

Those voting in the negative were Senators:

Allgood Bond
Bryant
Burton Cobb
Coggin
Coverdell Dawkins Engram Garner Gillis

Greene Harris Harrison Hill Hine Horton Howard Kennedy
Kidd
Lester McGill

Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Thompson Trulock Turner Walker

Not voting was Senator Starr (presiding).

On the adoption of the amendment, the yeas were 23, nays 32, and the amend ment was lost.

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JOURNAL OF THE SENATE

Senators tester of the 23rd and Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 1045 offered by the Senate Committee on Appropriations by inserting at the end of Section 43 the following language:
Insert on Page 141 after the "." on line 31:
"Provided, however, that no more than 50% of the cost of construct ing a new parking facility at the Medical College of Georgia will be financed from parking fees at that facility."

On the adoption of the amendment, the yeas were 46, nay 0, and the amendment was adopted.

Senator Cobb of the 28th offered the following amendment:

Amend the substitute to HB 1045 offered by the Senate Committee on Appropriations by striking Section 58 on Page 149, lines 12-20, and in serting in lieu thereof the following language:
"Section 58. It is the intent of this General Assembly that cost-ofliving increases for retirees in the Employees Retirement System for re tirees in the Teachers Retirement System be limited to a maximum of $300 per annum. In the event the Governor determines that the cost-ofliving increases for retirees in either system cannot legally be so, limited, this $300 per annum limitation shall not apply to either system."

On the adoption of the amendment, the yeas were 3, nays 43, and the amendment was lost.

The President resumed the Chair.

On the adoption of the substitute, the yeas were 47, 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 DrD^ eeaaln English Engram
Fincher
Foster Garner
Gillis Greene

WEDNESDAY, FEBRUARY 22, 1984

2113

Harris Harrison Hill Hine Holloway Horton Howard HL HuuIgdgg-minss Kennedy Kidd
Land
tester McGill
McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr 0St. umb, aug5h, I? te Thompson
Timmons
Trulock Turner
Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0.

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

Senator Broun of the 46th moved that HB 1045 be immediately transmitted to the House.

On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 1045 was immediately transmitted to the House.

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

Mr. President:

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

HB 1671. By Representative Mullinax of the 81st: A bill to create a board of elections and registration in Troup County.

HB 1672. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the compensation of the tax commissioner.

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JOURNAL OF THE SENATE

HB 1673. By Representatives Moody and Byrd of the 153rd:
A bill to incorporate the City of Santa Claus in the County of Toombs and provide a charter therefor.

HB 1674. By Representatives Childers and McKelvey of the 15th and Caldwell of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the provisions relating to salaries of members of the board.

HB 1675. By Representative Ray of the 98th:
A bill to amend an Act creating a board of commissioners for Peach County, so as to authorize the governing authority to regulate rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach County.

HB 1676. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the Town of Nelson, so as to provide for the election of the mayor and councilmen of the Town of Nelson.

HB 1677. By Representatives Colwell and Twiggs of the 4th: A bill to create the Gilmer County Water and Sewerage Authority.

HB 1678. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff; to change the compensation of deputy sheriffs.

HB 1679. By Representative Bray of the 91st:
A bill to make provisions for the Magistrate Court of Talbot County; to provide that the judge of the Probate Court of Talbot County shall serve as the chief magistrate of Talbot County.

HB 1680. By Representative Reaves of the 147th:
A bill to make provisions for the Magistrate Court of Echols County; to provide that the judge of the Probate Court of Echols County shall serve as the chief magistrate of Echols County.

HB 1682. By Representative Adams of the 79th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to create new commissioner districts for the election of commissioners.

WEDNESDAY, FEBRUARY 22, 1984

2115

HB 1683. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts.

HB 1685. By Representatives Byrd and Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act relating to the board of education of Toombs County, so as to provide for the election of members of the Toombs County board of education.

HB 1686. By Representatives Colwell and Twiggs of the 4th: A bill to reincorporate the City of Blairsville in the County of Union.

HB 1687. By Representatives Smith of the 152nd and Dixon of the 151st:
A bill to provide an additional homestead exemption in an amount of $21,000.00 from all county ad valorem taxes except ad valorem taxes for educational purposes for residents of Camden County who are 60 years of age or older.

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

Mr. President:

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

HB 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.

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

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

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Robinson of the 58th, Milford of the 13th and Cheeks of the 89th.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:

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.

The Speaker has appointed on the part of the House:

Representatives Clark of the 13th, Johnson of the 72nd and Lawler of the 20th.

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

HB 1671. By Representative Mullinax of the 81st: A bill to create a board of elections and registration in Troup County.
Referred to Committee on Federal, State and Community Affairs.

HB 1672. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissione County, so as to change the compensation of the tax commiss
Referred to Committee on Federal, State and Community Affairs.

WEDNESDAY, FEBRUARY 22, 1984

2117

HB 1673. By Representatives Moody and Byrd of the 153rd:
A bill to incorporate the City of Santa Claus in the County of Toombs and provide a charter therefor.
Referred to Committee on Federal, State and Community Affairs.

HB 1674. By Representatives Childers and McKelvey of the 15th and Caldwell of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the provisions relating to salaries of members of the board.
Referred to Committee on Federal, State and Community Affairs.

HB 1675. By Representative Ray of the 98th:
A bill to amend an Act creating a board of commissioners for Peach County, so as to authorize the governing 'authority to regulate rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach County.
Referred to Committee on Federal, State and Community Affairs.

HB 1676. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the Town of Nelson, so as to provide for the election of the mayor and councilmen of the Town of Nelson.
Referred to Committee on Federal, State and Community Affairs.

HB 1677. By Representatives Colwell and Twiggs of the 4th: A bill to create the Gilmer County Water and Sewerage Authority.
Referred to Committee on Federal, State and Community Affairs.

HB 1678. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff; to change the compensation of deputy sheriffs.
Referred to Committee on Federal, State and Community Affairs.

HB 1679. By Representative Bray of the 91st:
A bill to make provisions for the Magistrate Court of Talbot County; to provide that the judge of the Probate Court of Talbot County shall serve as the chief magistrate of Talbot County.
Referred to Committee on Federal, State and Community Affairs.

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JOURNAL OF THE SENATE

HB 1680. By Representative Reaves of the 147th:
A bill to make provisions for the Magistrate Court of Echols County; to provide that the judge of the Probate Court of Echols County shall serve as the chief magistrate of Echols County.
Referred to Committee on Federal, State and Community Affairs.

HB 1682. By Representative Adams of the 79th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to create new commissioner districts for the election of commissioners.
Referred to Committee on Federal, State and Community Affairs.

HB 1683. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts.
Referred to Committee on Federal, State and Community Affairs.

HB 1685. By Representatives Byrd and Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act relating to the board of education of Toombs County, so as to provide for the election of members of the Toombs County board of education.
Referred to Committee on Federal, State and Community Affairs.

HB 1686. By Representatives Colwell and Twiggs of the 4th: A bill to reincorporate the City of Blairsville in the County of Union.
Referred to Committee on Federal, State and Community Affairs.

HB 1687. By Representatives Smith of the 152nd and Dixon of the 151st:
A bill to provide an additional homestead exemption in an amount of $21,000.00 from all county ad valorem taxes except ad valorem taxes for educational purposes for residents of Camden County who are 60 years of age or older.
Referred to Committee on Federal, State and Community Affairs.

The President announced that the Senate would stand in recess from 1:15 o'clock P.M. until 2:45 o'clock P.M.

At 2:45 o'clock P.M. the President called the Senate to order.

WEDNESDAY, FEBRUARY 22, 1984

2119

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 1589. By Representative Walker of the 85th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following general bills of the House, favorably reported by the committees were read the third time and put upon their passage:
HB 1346. By Representatives Phillips of the 102th, 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.
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 Barnes Brannon Broun of 46th Burton Cobb Coggin Coverdell Dawkins Deal Engram Fincher

Foster Gillis Harris Hine Holloway Horton Huggins Kidd Land Lester McGill McKenzie

Peevy Phillips Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Ty singer Walker

Voting in the negative was Senator Garner.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Bond B we " Brantley Brown of 47th Bryant
Coleman

Dean English Greene Harnson Hill Howard
Hudgins

Kennedy (presiding) Perry Reddish
Scott of 2nd Tate Timmons

On the passage of the bill, the yeas were 35, nays 1.

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

HB 1314. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs, so as to change the provi sions relative to such compensation.
Senate Sponsors: Senators Horton of the 17th and Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Burton Coggin Coleman Dawkins Deal Engram

Fincher Foster Garner Gillis Harris Hine Holloway Horton Muggins Kidd Land Lester

McGill McKenzie Peevy Phillips Reddish Scott of 36th Scott of 43rd Starr Thompson Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond

Bowen Bryant

Cobb Coverdell

WEDNESDAY, FEBRUARY 22, 1984

2121

Dean English G_, reene Harrison Hill

Howard Hudgins ,,Kenned,y (.presi.d..ing). Perry Scott of 2nd

Stumbaugh *ate TWimalmkeorns

On the passage of the bill, the yeas were 36, nays 0.

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

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

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 House amendment was as follows:

Amend SB 319 by inserting on line 18 of Page 2 between "person" and the following:
"as relates to the property transferred".

Senator Garner of the 30th moved that the Senate disagree to the House amend ment to SB 319.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 319.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Trulock of the 10th.
The Senate Committee on Education offered the following substitute to HB 840:
A BILL
To be entitled an Act 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 pub lic libraries; to provide for the establishment of public library systems; to provide for referendums under certain conditions; to provide for certain pow ers and authority; to provide for boards of trustees; to provide for their ap pointment, terms of office, removal from office, and vacancies; to provide for their responsibilities, duties, and compensation; to provide for directors of public library systems; to provide for their responsibilities, duties and quali fications; to provide for certain reports required by funding agencies; to pro vide for rules, bylaws, and constitutions for library boards; to provide for ownership of certain real property and other property used for library pur poses; to provide for the pro rata division of such property upon dissolution or significant structural change of the library system; to provide for bonding of library boards; to provide for dissolution of library systems; to provide penalties for certain violations; to provide certain exemptions from liability; to require certification for certain professional library positions; to provide for forfeiture of certain aid upon certain violations; to provide for applicabil ity to certain existing library systems; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1984

2123

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to local and regional public libraries, is amended by striking Part 2 in its entirety and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
20-5-40. (a) The governing authority of any county or municipality may establish a public library system. Any public library established pur suant to this part shall be a tax-exempt institution.
(b) A public library may be established in the following manner:
(1) By resolution or act, at the discretion of the governing authority, of any county or municipality, or any combination thereof;
(2) By approval of the voters of any county or municipality in a referendum election on the question of the establishment of a public li brary as provided in this paragraph. Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county being filed with the appropriate governing authority, the gov erning authority shall be required to hold and conduct a special referen dum election for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not a public library, as provided for in this part, shall be authorized. In the event a majority of the persons voting in the election vote in favor of the public library, then the governing authority of the municipality or county shall establish a public library as provided in this part. Otherwise, the governing authority shall have no authority to do so. Following the expiration of two years after any election is held which results in disapproval of a public library, as provided in this part, another election on this question shall be held if another petition, as provided in this paragraph, is filed with the appropri ate governing authority; or
(3) By contractual agreement between the governing authorities of any county or municipality.
20-5-41. Each library system shall be governed by a board of trust ees. Each system shall have a governing board of trustees but may have other affiliated boards of trustees for member libraries. The county board of library trustees shall exercise authority in a county system. The re gional board of library trustees shall exercise authority in a multicounty system.
20-5-42. (a) A county board of trustees shall consist of at least one appointee from each governmental agency financially supporting the li brary on a regular basis. Appointments shall be made in writing pursuant to the constitution and bylaws of the library system, shall be transmitted to the appointee and to the library, and shall state the length of term and expiration date of the appointment.
(b) A regional board of library trustees shall consist of trustees serv ing on member county boards who are appointed to the regional board by

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JOURNAL OF THE SENATE

each county board for a term specified in writing pursuant to the consti tution and bylaws of the library system.
(c) Board members shall serve staggered terms for continuity of service.
(d) Board members shall be removed for cause or for failure to at tend three consecutive meetings pursuant to the library system's constitu tion and bylaws or the local constitution and bylaws.
(e) Vacancies shall be filled in the same manner as appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the new appointee shall complete the unexpired term.
20-5-43. The board of trustees shall have duties and responsibilities which include but are not limited to the following:
(1) To employ a library director who meets state certification re quirements and such other employees as necessary upon the recommen dation of the library system director; provided, however, that the board shall be authorized to delegate employment of staff members to the li brary system director;
(2) To approve budgets prepared by the library system director and assume responsibility for the presentation of the library's fiscal needs to the supporting agencies;
(3) To attend board meetings;
(4) To establish policies governing library programs, including rules and regulations governing the use of the library;
(5) To set policy for the administration of gifts of money and property;
(6) To present financial and progress reports to governing officials and to the public;
(7) To notify the appropriate authorities of a vacancy on the board so that a person may be appointed to complete unexpired or full terms; and
(8) To notify the library system director, in advance, of all meetings of library boards and board committees.
20-5-44. Members of the board of trustees shall receive no compen sation; provided, however, that such members may be reimbursed for any reasonable and necessary expenses incurred in the performance of library business or if stipulated in terms of any bequest or gift. Dues or fees for membership in local, state, regional, and national library associations may be paid from operating funds in accordance with the constitution and bylaws of the library system.
20-5-45. Every public library system shall have a director. Any per son appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate as defined by

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the State Board for the Certification of Librarians; provided, however, that any person who is serving as acting director of a public library sys tem on July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and re sponsibilities which include but are not limited to the following:
(1) To recommend for employment or termination other staff mem bers, as necessary, in compliance with applicable laws and the availabil ity of funds and to employ or terminate other staff members if so author ized by the library board;
(2) To attend all meetings called by the Division of Public Library Services of the Department of Education or send a substitute authorized by the division director;
(3) To prepare any local, state, or federal annual budgets;
(4) To notify the board of trustees and the Division of Public Li brary Services of the Department of Education of any failure to comply with:
(A) Policies of the board;
(B) Criteria for state aid;
(C) State and federal rules and regulations; and
(D) All applicable local, state, or federal laws;
(5) To administer the total library program, including all affiliated libraries, in accordance with policies adopted by the system board of trustees; and
(6) To attend all meetings of the system board of trustees and affili ated boards of trustees or to designate a person to attend in his place.
20-5-46. The library system shall make such reports as deemed nec essary by local and state funding agencies. In every case at least an an nual report of activities, income, and expenditures shall be filed with each funding agency.
20-5-47. (a) The board of trustees of each county and regional li brary shall have a written constitution and bylaws stating policy which shall be approved by the board. Such constitution and bylaws shall be drafted in accordance with the current edition of the Handbook on Con stitutions, By-laws and Contracts for Georgia Public Libraries.
(b) Policies stated in the constitution of the county board may not be in conflict with the policies of the constitution of the regional board and state and federal laws and regulations. The constitution of the re gional board shall not be in conflict with state and federal laws and regulations.
(c) All current constitutions and bylaws must be on file in the Divi-

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sion of Public Library Services of the Department of Education and all amendments must be filed with the division immediately upon adoption.
20-5-48. (a) A clear title in fee simple to an approved site on which a library facilities is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward con struction costs. Notwithstanding any provision in this part to the con trary, any facility, the title to which currently is held by a nonprofit or ganization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Division of Public Library Services of the Georgia Department of Education; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Division of Public Library Services or the Department of Education shall serve as mediator in determining ownership of property.
(b) Other property including, but not limited to, equipment and materials that was purchased with state, federal, or contract funds com ing through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such prop erty shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library sys tem board of trustees shall furnish the financial and statistical informa tion considered by the parties attempting to reach agreement. If the par ties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Division of Public Library Services of the Department of Education or its designee.
20-5-49. Library systems are authorized to make and enter into such contracts or agreements as are deemed necessary and desirable. All such contracts or agreements entered into shall:
(1) Detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable;
(2) Provide for the allocation of costs and other financial responsibilities;
(3) Specify the respective rights, duties, obligations, and liabilities of the parties; and
(4) Set forth the terms and conditions for duration, renewal, termi nation, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriated to the proper effectuation and performance of the agreement.
No public or private library agency shall enter into any agreement itself, or jointly with any other library agency, to exercise any power or engage in any action prohibited by the constitution or laws of this state.

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20-5-50. Each library board which handles finances must keep a current bond for an adequate amount determined by the board of trust ees and recorded in the minutes on the library director, the treasurer of the board of trustees, or other officials and employees authorized to han dle funds. Proof of the bond for each board must be filed with the Re newal Application for State Aid.
20-5-51. (a) A library system shall be dissolved by a reversal of pro cedures followed in its original organization. A majority of the board members in a majority of the counties must agree to the dissolution of the system. One county in a multicounty system may withdraw by a re versal of the procedure by which the county became a member.
(b) If the local constitution and bylaws or participating agreement does not specify a notification period for withdrawal, the proper notice shall be sent six months prior to the end of the state fiscal year. This notice must include reasons for the withdrawal and the method by which the decision was reached and must be sent to the chairman of the system board of trustees and the system library director. The Division of Public Library Services of the Department of Education must be notified of the receipt of this letter of intent within five working days.
(c) Upon dissolution or withdrawal, no further state or federal grant funds shall be paid for or to the dissolving or withdrawing unit or units until such time as the unit or units reestablish the library or libraries pursuant to this part and meet eligibility requirements for such grant funds.
(d) A multicounty regional system may elect to expel a member county upon the following conditions:
(1) Failure of the county to maintain the agreed level of support to the regional system as in the most recent system-participating agreement; or
(2) Failure of the county to meet criteria which may jeopardize the system's eligibility for state or federal funds.
(e) If the system's constitution and bylaws or participating agree ment fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairman of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Division of Public Library Services of the Department of Education.
(f) Upon total dissolution of a library system, all property shall be disposed of as provided in this part.
20-5-52. Any person who shall steal or unlawfully take or willfully or maliciously write upon, cut, tear, deface, disfigure, soil, obliterate, break, or destroy or who shall sell or buy or receive, knowing it to have been stolen, any book, pamphlet, document, newspaper, periodical, map, chart, picture, portrait, engraving, statue, coin, medal, equipment, speci men, recording, video product, microform, computer software, film, or other work of literature or object of art or the equipment necessary to its

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display or use belonging to or in the care of a public library shall be guilty of a misdemeanor.
20-5-53. Any person who borrows from any public library any book, newspaper, magazine, manuscript, pamphlet, publication, recording, video product, microform, computer software, film, or other article or equipment necessary to its display or use belonging to or in the care of such public library under any agreement to return it and thereafter fails to return such book, newspaper, magazine, manuscript, pamphlet, publi cation, recording, video product, microform, computer software, film, or other article or equipment necessary to its display or use shall be given written notice, mailed to his last known address or delivered in person, to return such article or equipment within 15 days after the date of such notification. Such notice shall contain a copy of this Code section. If such person shall thereafter willfully and knowingly fail to return such article or equipment within 15 days, such person shall be guilty of a misde meanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days and shall be required to return such article or equipment or provide reimbursement for the replacement cost of such article or equipment.
20-5-54. Any person who, without authority and with the intention of depriving the public library of the ownership of such property, will fully conceals a book or other public library property, while still on the premises of such public library, or willfully or without authority removes any book or other property from any public library shall be guilty of a misdemeanor; provided, however, that, if the replacement cost of the public library property is less than $25.00, the punishment shall be a fine of not more than $250.00. Proof of the willful concealment of any book or other public library property while still on the premises of such public library shall be prima-facie evidence of intent to violate this Code section.
20-5-55. An agent or employee of a public library or of any depart ment or office of the state or local government causing the arrest of any person pursuant to the provisions of this part shall not be held civilly liable for unlawful detention, slander, malicious prosecution, false impris onment, false arrest, or assault and battery of the person so arrested un less excessive or unreasonable force is used, whether such arrest takes place on the premises by such agent or employee; provided, however, that, in causing the arrest of such person, the public library or agent or employee of the public library had at the time of such arrest probable cause to believe that the person committed willful theft or concealment of books or other library property.
20-5-56. All persons holding professional positions with the title of librarian must be certified by the State Board for the Certification of Librarians.
20-5-57. Any failure to comply with the provisions of this part shall result in the forfeiture of all state and federal library aid to the system.

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20-5-58. A library system existing prior to July 1, 1984, shall have until July 1, 1989, to comply fully with the provisions of this part, and any provision to the contrary within Chapter 24 of Title 43, relating to libraries, shall be superseded by the provisions of this part.
20-5-59. This part shall not apply to any municipal public library."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen 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 Hine Holloway Horton Muggins Land Lester

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

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Gillis Hill Howard

Hudgins Kennedy (presiding)

Scott of 2nd Timmons

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

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

Senator Kennedy of the 4th, President Pro tempore, who was presiding, stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on Feb ruary 6, which is included in the Journal of February 6.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the
Secretary to each Senator and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually. The consent was granted.

The Committee on Education submitted the following report which was read by the Secretary.

The State Senate Atlanta, Georgia 30334
February 22, 1984
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Education met February 9, 1984, to consider the Governor's appointees to the State Board of Education and voted unani mously to recommend the confirmation of the following:
Mr. Richard Owens, of Irwin County, District 2, for the term of office beginning April 13, 1983 and ending January 1, 1990.
Mr. John Taylor, of Troup County, District 3, for the term of office beginning June 8, 1983, and ending January 1, 1990.
Mrs. Bernadine Cantrell, of Fulton County, District 5, for the term of office beginning April 13, 1983, and ending January 1, 1990.
Mr. James Smith, of Bartow County, District 7, for the term of office beginning April 13, 1983, and ending January 1, 1990.
Ms. Kathryn P. Jasper, of Bibb County, District 8, for the term of of fice beginning April 13, 1983, and ending January 1, 1988.
Sincerely,
/s/ John C. Foster

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The Committee on Higher Education submitted the following report which was read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 22, 1984
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met and considered the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend the confirmation of the fol lowing appointees:
Honorable Edgar L. Rhodes, of Harrelson County for the term of office beginning January 10, 1984 and ending January 1, 1985.
Honorable John H. Anderson, Jr., of Pulaski County for the term of office beginning March 16, 1983 to January 1, 1990.
Honorable Arthur M. Gignilliat, Jr., of Chatham County for the term of office beginning March 16, 1983 and ending January 1, 1990.
Honorable Joseph D. Greene, of McDuffie County for the term of office beginning January 10, 1984 to January 1, 1991.
Honorable Jackie M. Ward, of DeKalb County for the term of office beginning 10, 1984 and ending January 1, 1991.
Sincerely,
/s/ W. W. Fincher, Jr. Chairman, Senate Higher Education Committee

No Senator requested the name of any appointee be deleted.

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Coggin Coleman Coverdell Dawkins

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Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Huggins Kidd Land Lester 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:

Cobb Hill Howard

Hudgins Kennedy (presiding) McGill

McKenzie Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and all of the appointees were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris.

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 February 29, 1984
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 6, 1984, were acted upon by the Georgia State Senate in session on February 22, 1984, with the following results:
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Andrew M. Edwards of Pickens County as a member of the Atlantic States Marine Fisheries Commission, for the term of office begin-

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ning September 20, 1983, and ending May 18, 1986. The vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this conformation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Barbara B. Green of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning January 5, 1984, and ending June 30, 1986. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. Hibble 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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

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County; James F. Smith of Bartow County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confir mation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Robert Simpson, HI, of Lanier County as a member of the State Forestry Commission, for the term of office beginning April 13, 1983, and ending January 1, 1990. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 Colquitt 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 Cof fee County; Norman D. Burkett of Whitfield County; Johanna S. McMullan of Hart County; Geraldine Rinker of Richmond County; Alvin M. Evans, Sr., of Bartow 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Henry Gordon Davis, Jr., M.D., of Worth County as a

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member of the Board of Human Resources, for the term of office beginning April 20, 1983, and ending April 8, 1988. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this con firmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning August 10, 1983, and ending September 1, 1986: Runnette Flowers, M.D., of DeKalb County; L. Newton Turk, III, M.D., P.C., of Fulton County. The vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confir mation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Offender Re 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable W. Pitts Carr of Fulton County as a member of the State Personnel Board, for the term of office beginning April 18, 1983, and ending January 3, 1988. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 Carroll County; Susie W. Wheeler, Ed.D., of Bartow County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this con firmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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; Ar thur M. Gignilliat, Jr., of Chatham County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Edgar L. Rhodes of Haralson County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 10, 1984, and ending January 1, 1985. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

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

SB 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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The House substitute to SB 513 was as follows:
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 ex empt materials separated for recycling; to authorize the establishment of joint authorities by two or more counties and municipal corporations not located in the same county; 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 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, industry, and employment opportunities by creating a new industry to recover and utilize such resources and by creating a climate highly favorable to the loca tion 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 efficient and envi ronmentally 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. It is likewise 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 intent of this chapter to preserve and do nothing to interfere with the practice of recycling solid waste for use again by industry and the public thereby preserving and reusing important natural and other resources, ex cept as specifically provided for in this chapter.
(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 solid waste, sewage sludge, or resources contained therein which the owner or generator thereof makes available to such resource recovery development authority, other authority, municipal corporation, county, or other governmental body or agency or private party to enter into agreements or in the case of a county or municipal corporation to enact ordinances or resolutions in fur therance of a project granting, directing, or providing for an exclusive right or rights in any of the foregoing parties with respect to such solid waste, sewage sludge, or resources contained therein, including, but not limited to, the exclusive right to collect, acquire, receive, transport, store, treat, process, utilize, sell, or dispose of discarded solid waste, sewage sludge, or resources contained therein; provided, however, excluded from such authorization shall be any rights to materials or substances contained in such solid waste,

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sewage sludge, or resources contained therein as may be separated for re cycling at any time prior to pick up by or delivery to such resource recovery development authority, other authority, municipal corporation, county, or other governmental body or agency or private party of such discarded solid
waste, sewage sludge, or resources contained therein."

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 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.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 513.

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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Deal English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Muggins Kidd Lester McGill Peevy

Those not voting were Senators:

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

Cobb Coleman Coverdell Dawkins

Dean Hill Howard Hudgins

Kennedy (presiding) Land McKenzie Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 513.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Walker of the 19th.

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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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 8, 1984

SUBJECT: Fiscal Note--House Bill 1242 Substitute (LC 14 3484S) Tax Credit for Solar Energy Systems

This substitute version of this Bill would allow any person or corpora tion who files an income tax return for a tax year and who has not been claimed for that tax year as a dependent by another Georgia taxpayer to take a tax credit for solar energy systems. The tax credit would be equal to the lesser of $1,000 or 20% of the cost in that tax year for materials and installation of solar water heating systems, active solar space heating sys tems, industrial and agricultural solar process heating equipment, and pho tovoltaic systems. The tax credit would be equal to 10% of the cost in that tax year of materials and installation of passive solar space heating systems. The system would have to be purchased between January 1, 1984 and Janu ary 1, 1990.

Such systems would have to be installed on premises in Georgia which are owned or controlled by the taxpayer at the time of installation or on newly constructed premises in Georgia which are purchased by the taxpayer from the builder if the builder has not taken the credit. Any credit which exceeds the taxpayer's income tax or corporate tax liability would be carried forward until the credit had been exhausted. This substitute version specifi cally defines passive solar space heating and gives examples of such systems. The Office of Energy Resources would establish rules and regulations for determining which systems qualify for tax credits.

Based on information provided by the Office of Energy Resources, the fiscal impact of this substitute Bill would be a net revenue loss of $142,827 based on calendar year 1984 estimates. This impact was estimated by con sidering such factors as the amount of income tax which would be lost due to the tax credit and increases in income and sales and use taxes due to increased sales of solar systems.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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2143

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

On the passage of 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 Hudgins Huggins Kidd Land

Lester 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:

Horton Howard

Kennedy (presiding) McGill

Phillips Timmons

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

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

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

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Senator Kidd of the 25th moved that the Senate insist upon the Senate amend ment to HB 520.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 520.

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

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 1025 by striking from line 6 of Page 1 the following:
"to provide an effective date;",
and inserting in its place the following:
"to change certain procedures relating to penalties and attorney's fees; to provide for effective dates;".
By inserting between lines 8 and 9 of Page 2 the following:
"Section 3. Said Code section is further amended by striking in its entirety subsection (j) thereof and inserting in lieu thereof a new subsec tion (j) to read as follows:
*(j) If the insurer shall refuse to pay any insured any loss covered by this Code section within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under this Code section for not more than 25 percent of the recovery and all reasonable attorney's fees for the prosecution of the case under this Code section. The question of bad faith, the amount of the penalty, if any, and the reasonable attorney's fees, if any, shall be determined in a separate action filed by the insured against the insurer after a judgment has been rendered against the uninsured motorist in the original tort ac tion. The attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where the action is pending. The trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the

WEDNESDAY, FEBRUARY 22, 1984

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verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this paragraph in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of the attorney in the action against the insurer.' "
By striking from line 9 of Page 2 the following:
"Section 3",
and inserting in its place the following:
"Section 4".
By adding before the period on line 12 of Page 2 the following:
", except that Section 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without the Governor's approval".
By striking from line 13 of Page 2 the following:
"Section 4",
and inserting in its place the following:
"Section 5".

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

Senator Land of the 16th offered the following amendment:

Amend HB 1025 by deleting on Page 1, line 20 the word "and" and inserting the word "or" in its place.

Senator Land of the 16th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

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

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

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 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 Holloway Horton Hudgins Kidd Land Lester

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

Those not voting were Senators:

Barnes Coverdell Howard

Huggins Kennedy (presiding)

Phillips 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 as amended.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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".
i Senator Cobb of the 28th moved that the Senate agree to the House amendment.
Senator Greene of the 26th moved that the House amendment be printed.
On the motion offered by Senator Greene of the 26th, the yeas were 32, nays 0; the motion prevailed, and the House amendment to SB 343 was ordered printed, and the action on the motion offered by Senator Cobb of the 28th was postponed subject to the printing.

WEDNESDAY, FEBRUARY 22, 1984

2147

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Turner of the 8th moved that the Senate adhere to the Senate amendment to HB 256 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 256.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, Deal of the 49th and Tate of the 38th.

The President resumed the Chair.

The following resolution of the Senate was taken up for the purpose of considering the Conference Committee report 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.

The Conference Committee report on SR 274 was as follows:
The Committee of Conference on SR 274 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 274 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Paul D. Coverdell Senator, 40th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Louie M. Clark Representative, 13th District

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/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Loyce W. Turner Senator, 8th District

/s/ Rudolph Johnson Representative, 72nd District
/s/ Terry Lawler Representative, 20th District

Conference Committee substitute to SR 274:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by law to change previously existing public 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; to provide restrictions on retirement or pension systems; to provide restric tions on retirement or pension benefits based on involuntary separation from employment as applied to public retirement or pension systems created in the future; and to authorize the General Assembly by law to define parttime service, including but not limited to service as a member of the General Assembly, for the purposes of any previously existing public retirement or pension system or for any such system created in the future and to provide limitations on the use of such part-time service as creditable service under any such previously existing or future retirement or pension system; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 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; part-time service, (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; or
(2) To provide additional or revise existing limitations or restrictions on the right to qualify for a retirement benefit based on involuntary sepa ration from employment.
(b) The General Assembly by law may define or redefine part-time service, including but not limited to service as a member of the General Assembly, for the purposes of any public retirement or pension system presently existing or created in the future and may limit or restrict the use of such part-time service as creditable service under any such retire ment or pension system.
(c) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph may affect persons who are members

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2149

of public retirement or pension systems on January 1, 1985, and who became members at any time prior to that date.

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

(e) 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 redefine involuntary separation from employment and to provide additional or revise existing limitations or restric tions on the right to qualify for a retirement or pension benefit based on involuntary separation from employ ment and to affect present members of public retirement or pension systems as a result of the revision of such laws; (2) Authorize the General Assembly by law to de fine or redefine part-time service, including but not lim ited to service as a member of the General Assembly, for the purposes of any previously existing or future public retirement or pension system and place limitations or re strictions on the use of part-time service as creditable service under any such system and to affect present members of any public retirement or pension system in connection therewith; and (3) Provide restrictions on re tirement or pension benefits based on involuntary separa tion 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 adopt the Conference Committee report on SR 274.

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

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin 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 Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond

Cobb Coleman

Hudgins Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SR 274.

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

Mr. President:

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

HB 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.

WEDNESDAY, FEBRUARY 22, 1984

2151

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

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.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coggin Dawkins Deal English Fincher Foster

Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land tester 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:

Barker Broun of 46th Bryant Coleman

Coverdell Dean Engram Garner

Hill Howard McGill Tate

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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The following bills of the House were taken up for the purpose of considering the House action thereon:

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.
Senator Walker of the 19th moved that the Senate adhere to the Senate amend ment to HB 1073 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1073.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 19th, Dawkins of the 45th and Hine of the 52nd.

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.
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1045.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1045.
The following general resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

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

WEDNESDAY, FEBRUARY 22, 1984

2153

The Senate Committee on Public Utilities offered the following substitute to HR
572:

A RESOLUTION
Authorizing the lease of certain state owned real property located in Henry County, Georgia, to the Henry County Soil and Water Conservation District or Henry County for use as an environmental classroom; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located within Henry County, Georgia, and comprising approximately 80 acres, more or less, which real property is more particularly described as follows:
"All that tract or parcel of land situate, lying and being in Land Lots 157, 163 and 164 of the Seventh Land District of Henry County, Georgia, containing 80.00 acres and being more specifically shown and designated as Tract 'A' and Tract 'B' on that certain plat of survey enti tled 'Plat of Boundary Line Survey-William Henry Simpson et al' pre pared by Kenneth E. Presley Associates, Inc., more particularly Kenneth E. Presley, Georgia Registered Land Surveyor No. 1327 on June 13, 1978, a copy of said plat being recorded in Plat Book 7, page 96 in the office of the Clerk of the Superior Court of Henry County, Georgia, which said plat is incorporated in and made a part of this description by reference.
From said plat, said property may be more particularly described as follows: Tp LOCATE THE REAL POINT OF BEGINNING, begin at an iron pin located on the northeasterly right-of-way of the By-Pass Road, which said iron pin is located at a point where the southerly mar gin of Land Lot 163 of the Seventh Land District of Henry County, Georgia, intersects the northeasterly right-of-way of the By-Pass Road; thence North 88 degrees 29 minutes East a distance of 793.6 feet to an iron pin; thence North 89 degrees 59 minutes East a distance of 583.5 feet to an iron pin; thence North 9 degrees 59 minutes East a distance of 812.29 feet to an iron pin and the Real POINT OF BEGINNING; thence from said real point of beginning South 89 degrees 01 minutes East a distance of 1980.37 feet to the centerline of Camp Creek; thence in a generally northerly direction along the centerline of Camp Creek the following courses and distances, North 34 degrees 42 minutes 06 seconds West a distance of 263.56 feet to a point, North 03 degrees 13 minutes 27 seconds East a distance of 148.86 feet to a point, North 17 degrees 30 minutes 06 seconds West a distance of 278.4 feet to a point, North 26 degrees 13 minutes 25 seconds West a distance of 101.35 feet to a point, North 19 degrees 05 minutes 13 seconds West a distance of 145.19 feet to a point, North 10 degrees 56 minutes 52 seconds West a distance of 688.34 feet to a point, North 10 degrees 56 minutes 35 seconds West a distance of 589.96 feet to a point, North 12 degrees 47 minutes 24 seconds West a distance of 282.98 feet to a point located on the southerly

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right-of-way of State Route No. 20, which said point is the point of in tersection of the centerline of Camp Creek with the southerly right-ofway of State Route No. 20; thence South 68 degrees 13 minutes 48 seconds West a distance of 260.8 feet to an iron pin; thence South 14 degrees 25 minutes 52 seconds East a distance of 40.7 feet to an iron pin; thence South 84 degrees 14 minutes 08 seconds West a distance of 206.85 feet to an iron pin; thence South 77 degrees 01 minutes 55 seconds West a distance of 114.37 feet to a point; thence South 81 de grees 18 minutes 21 seconds West a distance of 171.15 feet to a point; thence South 86 degrees 11 minutes 24 seconds West a distance of 142.18 feet to a point; then South 89 degrees 59 minutes 12 seconds West a distance of 255.4 feet to an iron pin placed on the southern rightof-way of Georgia State Route No. 20; thence South 0 degrees 10 min utes West a distance of 380.7 feet to an iron pin; thence South 89 de grees 05 minutes West a distance of 210.1 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 1037.32 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 562.19 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 154.8 feet to an iron pin and the POINT of beginning.
From said plat said property is bounded on the North by property of Hampton East Company and the southerly right-of-way of Georgia State Route No. 20; on the East by property of Henry County Work Camp and by property of Watkins Motor Lines, Inc. et al; on the South by property of Watkins Motor Lines, Inc. et al; and on the West by prop erty of Hampton East Company.";
and
WHEREAS, said real property was purchased by the State of Georgia as a site for the construction of a community correctional center but was never used for this purpose; and
WHEREAS, a resolution of the General Assembly, approved March 21, 1980 (Ga. L. 1980, p. 799), declared said real property to be surplus and authorized it to be sold by and through the State Properties Commission, but said real property has not been sold; and
WHEREAS, the Henry County Soil and Water Conservation District desires to obtain said real property for use as an environmental classroom.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-de scribed property and that the leasing of said property by and through the State Properties Commission to the Henry County Soil and Water Conser vation District or Henry County for use as an environmental classroom is in the public interest of this state.
Section 2. That a resolution authorizing said real property to be sold by and through the State Properties Commission, approved March 21, 1980 (Ga. L. 1980, p. 799), is repealed in its entirety.
Section 3. That the State Properties Commission is authorized to

WEDNESDAY, FEBRUARY 22, 1984

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lease said real property to the Henry County Soil and Water Conservation District or Henry County for use as an environmental classroom. Said lease shall be for a term of five years and a consideration of $250.00 per year and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 4. That if a bona fide offer is received by the State Properties Commission from a prospective purchaser then the Henry County Soil and Water Conservation District or Henry County will be given an opportunity to purchase said property under the same terms and conditions as the origi nal offer. If this right of first refusal is not exercised, the lease agreement authorized by this resolution shall be canceled and the property conveyed to the original offeror.
Section 5. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the abovedescribed real property by quitclaim deed to the Henry County board of commissioners or a purchaser approved by the State Properties Commission.
Section 6. That the consideration for said conveyance shall be deter mined by the State Properties Commission. If the conveyance is to a non governmental purchaser, the consideration shall be the fair market value of such property.
Section 7. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 8. That this resolution shall become effective as law immedi ately upon its approval by the Governor or upon its becoming law without his approval.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley

Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram

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Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard

Hudgins Huggins Kennedy Kidd Land Lester McKenzie Peevy Perry Phillips Reddish

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

Those not voting were Senators:

Barker Broun of 46th

Holloway McGill

Tate Timmons

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

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

Senator Horton of the 17th moved that HR 572 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HR 572 was immediately transmitted to the House.

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.
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 Barnes Bond

Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant

Burton
Coggin Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison

WEDNESDAY, FEBRUARY 22, 1984

2157

Hill Hine 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 Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Cobb Coleman

Coverdell Holloway

Tate Timmons

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

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

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Bryant of the 3rd moved that the Senate insist upon the Senate substitute to HB 1068.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1068.

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

HR 655. By Representative Rainey of the 135th: A resolution naming the South Oaks Road in Dooly County. Senate Sponsor: Senator Bowen of the 13th.

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 Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Hudgins Huggins Kennedy Kidd

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

Those not voting were Senators:

Holloway Howard

Scott of 36th Timmons

Trulock

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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2159

HR 706. By Representatives Triplett of the 128th, McDonald of the 12th, Burruss of the 20th and others:
A resolution providing for the designation of the "Thomas B. Murphy Ball room" of the Georgia World Congress Center.
Senate Sponsors: Senators Coleman of the 1st and Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

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 Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy 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:

Burton Coverdell

Harrison Land

Phillips

On the adoption of the resolution, the yeas were 51, nays 0.

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

Senator Starr of the 44th assumed the Chair at the direction of the President.

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HR 185. By Representatives Hays of the 1st, Wood of the 9th, Padgett of the 86th and others:
Senate Sponsor: Senator tester of the 23rd.

A RESOLUTION

Proposing an amendment to the Constitution, so as to change the amount of and eligibility for the homestead exemption granted to disabled veterans and provide a method of changing this amount and eligibility 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 VII, Section II of the Constitution is amended by adding a new Paragraph V to read as follows:

"Paragraph V. Disabled veteran's homestead exemption. Except as otherwise provided in this paragraph, the amount of the homestead ex emption granted to disabled veterans shall be the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended. Such exemption shall be granted to: those persons eligible for such exemption on June 30, 1983; to disabled American veterans of any war or armed conflict who are disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extrem ity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; and to disabled veterans hereafter becoming eligible for assistance in ac quiring housing under Section 801 of the United States Code as hereaf ter amended. The General Assembly may by general law provide for a different amount or a different method of determining the amount of or eligibility for the homestead exemption granted to disabled veterans. Any such law shall be enacted by a simple majority of the votes of all the members to which each house is entitled and may become effective with out referendum. Such law may provide that the amount of or eligibility for the exemption shall be determined by reference to laws enacted by the United States Congress."

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 amount of and eligibility for the homestead exemption granted to disabled veterans and provide a method of changing this amount and eligibility in the future?"

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

WEDNESDAY, FEBRUARY 22, 1984

2161

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 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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

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

DATE:

February 15, 1984

SUBJECT: Revised Fiscal Note--House Resolution 185 Substitute (LC 14 3405S) Ad Valorem Tax for Disabled Veterans

This Substitute Resolution proposes an amendment to the Constitution of Georgia regarding homestead exemptions for disabled veterans. The amendment would provide for a homestead exemption for disabled veterans in the amount of $32,500 or the maximum amount allowed a disabled vet eran under Section 802 of Title 38 of the United States Code (USC) as hereafter amended, whichever is greater. The 1983 USC Section 802 of Ti tle 38 allows a maximum of $32,500 in assistance. Currently, the Georgia homestead exemption for disabled veterans is $25,000.

The amendment would also allow disabled veterans who were disabled due to the loss of one lower extremity together with the loss of one upper extremity to qualify for the disabled veteran exemption. The amendment would authorize the General Assembly to provide for a different method of determining the amount of or eligibility for the exemption by a simple ma jority vote of all members of the legislature without referendum. Such legis lation may refer to laws enacted by the United States Congress. This pro posed amendment would require ratification by a vote to become a part of the Constitution of Georgia.

The Veterans Administration has identified 600 persons (541 currently receiving grants plus 59 who have been approved for grants but who are not currently receiving them) who have applied and are entitled to federal hous ing grants provided for persons with the same disabilities addressed in this legislation. However, the additional number of persons who would be enti tled but for some reason have not applied in the past is unknown. Assuming that only the 600 persons currently approved for federal housing grants re-

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ceive the entire $7,500 additional exemption, the Department of Revenue has estimated that the cost for the increased exemption in 1984 would be $1,125 to the state and $135,000 to local jurisdictions in lost property tax revenue.

Estimates cannot be made for the reduction in state and local revenue for those persons who would apply for $32,500 in homestead exemptions in 1984 who do not currently qualify for any such exemptions because the Vet erans Administration could not identify the number of persons in this disa bility category.

Another fiscal impact of this Resolution would be the costs associated with submitting the proposed amendment to the people of the State. These costs are expected to be minimal since the proposal would simply be added to the ballot of a previously planned election.

/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 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 Brantley Broun of 46th BnBBruroyrwtaonnnt. of 47th
Cobb
Coggin
Coleman
Coverdell
Dawkins
Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris HHH...iia.ln.rlerison
Holloway
Horton
Howard
Hudgins
Huggins
Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry philli Reddish cS0Sccoot.tt.ttt oofeff 24*.>n3,~drAd,
Stumbaugh
Thompson
Timmons
Trulock
Turner
Tysinger Walker

WEDNESDAY, FEBRUARY 22, 1984

2163

Those not voting were Senators:

Scott of 36th

Starr (presiding)

Tate

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The President resumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:

HB 901. By Representatives Murphy of the 18th, Burruss and Wilson 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.
The House has agreed to the Senate amendments to the following bills of the House:

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

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 House has agreed to the Senate substitutes to the following bills of the House:

HB 1259. By Representative Ramsey of the 3rd: A bill to make provisions for the Magistrate Court of Murray County.

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 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 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 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.

WEDNESDAY, FEBRUARY 22, 1984

2165

HB 1562. By Representatives Bailey, Johnson, Holcomb and others of the 72nd:
A bill to amend an Act reincorporating the City of Forest Park in Clayton County and creating a new charter for said city, so as to extend the corpo rate limits of said city.

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 49. By Representative Lane of the 27th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide breast cancer patients with a right to informed consent to certain surgical and medical procedures.

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

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.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 1373:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of fire arms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing and registration of firearms or ammunition and components; to provide for ex-

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JOURNAL OF THE SENATE

elusions; 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 60 of Title 36 of the Official Code of Georgia An notated, relating to general provisions affecting both counties and municipal corporations, is amended by adding at the end of said chapter a new Code Section 36-60-11 to read as follows:
"36-60-11. (a) It is declared by the General Assembly that the regu lation of firearms is properly an issue of general state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate the possession, ownership, transportation, carrying, transfer, sale, purchase, licensing or registration of firearms, ammunition, or components of firearms or ammunition.
(c) Nothing contained in this Code section shall prohibit business licensing and taxation by cities and counties of persons, firms, or corpora tions engaged in the regular sale of firearms, ammunition, or components of firearms or ammunition, including but not limited to the imposition of restrictions or prohibitions on the licensing of such persons, firms, or cor porations when the person or the owner of the firms or corporations has been convicted of a felony.
(d) Nothing contained in this Code section shall prohibit cities or counties from enacting ordinances which limit or prohibit the discharge of firearms within the boundaries of the municipal corporation or 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.

Senator Greene of the 26th offered the following substitute to HB 1373:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of fire arms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing and registration of firearms or ammunition and components; to provide for ex clusions; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 1984

2167

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia An notated, relating to general provisions affecting both counties and municipal corporations, is amended by adding at the end of said chapter a new Code Section 36-60-11 to read as follows:
"36-60-11. (a) It is declared by the General Assembly that the regu lation of firearms is properly an issue of general state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate the possession, ownership, transportation, carrying, transfer, sale, purchase, licensing or registration of firearms, ammunition, or components of firearms or ammunition.
(c) Nothing contained in this Code section shall prohibit business licensing and taxation by cities and counties of persons, firms, or corpora tions engaged in the regular sale of firearms, ammunition, or components of firearms or ammunition, including but not limited to the imposition of restrictions or prohibitions on the licensing of such persons, firms, or cor porations when the person or the owner of the firms or corporations has been convicted of a felony.
(d) Nothing contained in this Code section shall prohibit cities or counties, by ordinance, resolution, or other enactment, from limiting or prohibiting the discharge of firearms within the boundaries of the munic ipal corporation or 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.

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend the substitute to HB 1373 offered by Senator Greene of the 26th by inserting on line 9 of Page 1 between "exclusions" and ";" the following:
"; to provide for applications and conditions for handguns; to provide for a 72 hour waiting period between the purchase and delivery of hand guns; to provide penalties; to provide for related matters".
By striking at the end of line 14 of Page 2 the quotation marks and inserting between lines 14 and 15 of Page 2 the following:
"(e) (1) Every person desiring to purchase or otherwise acquire a pistol, revolver, or other type handgun shall sign in duplicate and deliver to the seller or person disposing thereof an application for the purchase of a pistol, revolver, or other type handgun containing his full name, ad dress, height, weight, race, date of birth, place of birth, and social secur-

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JOURNAL OF THE SENATE

ity (or other identification) number, the type of weapon, model, caliber or gauge, serial number, and manufacturer. The application in duplicate may take the form of the United States Department of Treasury, Inter nal Revenue Service, Alcohol and Tobacco Tax Division Form 4473, 'Fire Arms Transaction Record.'
(2) The seller or persons disposing of such weapons shall within six hours after such application sign and attach his address and deliver the two copies of the application to the sheriff.
(3) It shall be unlawful to give false information or offer false evi dence of the identity of such person in making such application or in acquiring a weapon as set forth in this subsection.
(4) No person shall deliver or otherwise dispose of a pistol, revolver, or other type handgun until 72 hours shall have elapsed from the time of receipt of the application in the office of the sheriff.
(5) No person shall sell or otherwise dispose of a pistol, revolver, or other type handgun to a person whom he has reasonable cause to believe is not a fit and proper person to possess the same, is not of sound mind, is a drug addict, or is a person who has been convicted of a crime of vio lence. If within the 72 hour waiting period required by this subsection, the sheriff or a person designated by him from his office shall inform the proposed seller or person proposing to dispose of a pistol, revolver, or other type handgun that the applicant is not a fit and proper person to possess the weapon, is not of sound mind, is under 21 years of age, is a drug addict, or is a person who has been convicted of a crime of violence, such information shall be prima-facie evidence that the seller or person disposing thereof had reasonable cause to believe the applicant is unqual ified to acquire such a weapon. A crime of violence, as used in this para graph, shall be taken to mean murder, manslaughter, rape, kidnapping, burglary, robbery by force, aggravated assault, and aggravated battery.
(6) This subsection shall not be construed to apply to toy pistols, toy revolvers, or toy weapons of any kind. This subsection shall also not be construed to apply to antique weapons. Said antique weapons shall in clude any firearm (including any firearm with a matchlock, flintlock, per cussion cap, or similar type of ignition system) manufactured in or before 1898 and any replica of any such firearm if such replica is not designed or redesigned for using rimfire or conventional center fire fixed ammuni tion which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(7) This subsection shall not be construed to apply to any person who acquires, holds, or disposes of firearms or ammunition as curios or relics as the regulations of the United States Secretary of the Treasury shall define and who is a 'licensed collector' under the provisions of Title 18 of the United States Code, as amended.
(8) Any person who fails, refuses, or neglects to comply with the provisions of this subsection shall be guilty of a misdemeanor.' "

WEDNESDAY, FEBRUARY 22, 1984

2169

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Broun of 46th Brown of 47th

Coggin Coleman Scott of 2nd

Scott of 36th Tate

Those voting in the negative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Bryant Burton Cobb Coverdell Dawkins Deal 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 Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators Dean and Scott of the 43rd.

On the adoption of the amendment, the yeas were 8, nays 46, and the amendment was lost.

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend the substitute to HB 1373 offered by Senator Greene of the 26th by striking the quotation marks at the end of line 14 of Page 2 and by inserting between lines 14 and 15 of Page 2 the following:
"(e) Nothing contained in this Code section shall prohibit cities or counties from enforcing ordinances which have been in effect in such po litical subdivisions since 1922.'"

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JOURNAL OF THE SENATE

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal 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 Dawkins and Dean.
On the adoption of the amendment, the yeas were 54, nays 0, and the amendment was adopted.
On the adoption of the substitute to HB 1373 offered by the Senate Committee on Judiciary and Constitutional Law, the yeas were 0, nays 42, and the committee substi tute was lost.
On the adoption of the substitute offered by Senator Greene of the 26th, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris

Harrison Hill Holloway Horton Howard Hudgins Huggins Kennedy Kidd

WEDNESDAY, FEBRUARY 22, 1984

2171

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd

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

Those voting in the negative were Senators:

Bond Brannon Coggin

Coverdell Engram Hine

Scott of 36th Tate

On the passage of the bill, the yeas were 48, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1354. By Representatives Atkins of the 21st, Thompson of the 20th, Burruss of the 20th and others:
A bill to amend Code Section 15-11-35 of the Official Code of Georgia An notated, relating to disposition of delinquent children by juvenile courts, so as to provide that, in any case where a child is found to have committed a delinquent act and has not achieved a high school diploma or the equivalent, the court may require as a condition of probation that the child pursue a course of study.
Senate Sponsor: Senator Hudgins of the 15th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond
Bowen

Brannon Brantley Broun of 46th Brown of 47th
Bryant

Burton Coggin Coleman Coverdell
Dawkins

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Deal English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine

JOURNAL OF THE SENATE

Holloway Horton Howard
Hudgins Kennedy
Kidd Lester
McGill 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 Scott of the 36th.

Those not voting were Senators:

Cobb

Huggins

McKenzie

Dean

Land

On the passage of the bill, the yeas were 50, nays 1.

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

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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.
Senate Sponsor: Senator Harris of the 27th.

WEDNESDAY, FEBRUARY 22, 1984

2173

The following fiscal notes, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

January 25, 1984

SUBJECT: Fiscal Note--House Bill 274 Substitute (LC 7 5557S) Teachers' Retirement System (TRS)

This Bill would allow members to obtain up to 10 years' service credit for teaching in school systems of the Virgin Islands, Puerto Rico, Guam, and the District of Columbia. To be eligible for such prior service credit, members must first establish five years' membership service in the public schools or University System of Georgia. One year of prior service credit could then be purchased for each additional year of membership service earned by paying, prior to retirement, employee contributions and employer contributions (on the compensation received for prior service) plus accrued interest.

This Bill would also provide for the refund of contributions for cases in which the member died in service with more than 10 years of creditable service and the member's designated beneficiary or spouse (if no beneficiary was designated) chose to receive a monthly benefit and died before receiving monthly benefits equal to the member's accumulated contributions. The re fund would be the difference between total benefits paid out and the mem ber's accumulated contributions and would be made to the person desig nated by the member to receive the refund. If no one was designated to receive the refund or if such person is deceased, the refund would be paid to the estate of the designated beneficiary or the estate of the member's spouse.

The actuary for TRS has stated that the provision allowing credit for service in certain public school systems would result in a slight increase in liability to the System but that the increase would not be material enough to affect the annual contribution rates. Since the exact number of individuals who might take advantage of this provision cannot be determined, the actu ary's calculation was based on an estimate by TRS administrators that there may be 20 members who would qualify for this provision and would each purchase four years of such service.

The actuary for TRS further indicated that the provision providing for the return of a member's accumulated contributions would also result in a slight increase in liability to the System but that the increase would not be material enough to affect the annual contribution rates. This calculation was

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based on the actuarial assumptions last adopted by the TRS Board of Trust ees in May, 1982 which include assumptions of the rate of deaths before retirement. The actuary also assumed that beneficiaries will continue to se lect the monthly benefit option at the same rate.
While the fiscal impact of this Bill cannot be determined, the actuary indicated that both of these provisions together would result in only a slight increase in liability to the System and that the increase would not be mate rial enough to affect the annual contribution rates.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 10, 1984

SUBJECT: Updated Fiscal Note--House Bill 274 Substitute (LC 7 5557S) Teachers' Retirement System (TRS)

This Bill would allow members to obtain up to 10 years' service credit for teaching in school systems of the Virgin Islands, Puerto Rico, Guam, and the District of Columbia. To be eligible for such prior service credit, members must first establish five years' membership service in the public schools or University System of Georgia. One year of prior service credit could then be purchased for each additional year of membership service earned by paying, prior to retirement, employee contributions and employer contributions (on the compensation received for prior service) plus accrued interest.

This Bill would also provide for the refund of contributions for cases in which the member died in service with more than 10 years of creditable service and the member's designated beneficiary or spouse (if no beneficiary was designated) chose to receive a monthly benefit and died before receiving monthly benefits equal to the member's accumulated contributions. The re fund would be the difference between total benefits paid out and the mem ber's accumulated contributions and would be made to the person desig nated by the member to receive the refund. If no one was designated to receive the refund or if such person is deceased, the refund would be paid to the estate of the designated beneficiary or the estate of the member's spouse.

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2175

The actuary for TRS has stated that the provision allowing credit for service in certain public school systems would result in a slight increase in liability to the System but that the increase would not be material enough to affect the annual contribution rates. Since the exact number of individuals who might take advantage of this provision cannot be determined, the actu ary's calculation was based on an estimate by TRS administrators that there may be 20 members who would qualify for this provision and would each purchase four years of such service.
The actuary for TRS further indicated that the provision providing for the return of a member's accumulated contributions would also result in a slight increase in liability to the System but that the increase would not be material enough to affect the annual contribution rates. This calculation was based on the actuarial assumptions last adopted by the TRS Board of Trust ees in May, 1982 which include assumptions of the rate of deaths before retirement. The actuary also assumed that beneficiaries will continue to se lect the monthly benefit option at the same rate.
The actuary indicated that the fiscal impact of this Bill would be less than $85,000 and that both of these provisions together would result in only a slight increase in liability to the System and that the increase would not be material enough to affect the annual contribution rates.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brannon
pBrraou"n oyff 4^6thu Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal

English Engram Fincher Foster Garner
SH1a'rris Harrison Holloway Horton Huggins Kidd Lester McGill McKenzie

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

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Voting in the negative was Senator Hine.

Those not voting were Senators:

Allgood Coleman Dean Greene

Hill Howard Hudgins Kennedy (presiding)

Land Reddish Stumbaugh

On the passage of the bill, the yeas were 44, nays 1.

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

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.
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 English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd Lester McGill

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

WEDNESDAY, FEBRUARY 22, 1984

2177

Those not voting were Senators:

Barker Coleman Dean Hill

Howard Hudgins Kennedy (presiding)

Land Reddish Stumbaugh

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

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

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 901. By Representatives Murphy of the 18th, Burruss, Wilson, Thompson 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.

Senator Lester of the 23rd moved that the Senate insist upon the Senate substitute to HB 901.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 901.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on HB 1150 was as follows:
The Committee of Conference on HB 1150 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1150 be adopted. The members of the Committee of Conference on HB 1150 from both houses felt that it would be appropriate at this time to limit the subject

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matter to the judicial system of the superior courts and to leave considera tion of other officers until a subsequent session when such officers can be considered at length together.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. Roy Lambert Representative, 66th District
/s/ Warren D. Evans Representative, 84th District
/s/ Denmark Groover, Jr. Representative, 99th District

Conference Committee 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 .............. Each superior court judge shall also re ceive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each su perior court judge shall also receive re imbursement of travel expenses as pro vided by law."

54,500.00

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:

"(21) Each district attorney. ................. 48,000.00 Each district attorney shall also receive any supplement paid to him by the

WEDNESDAY, FEBRUARY 22, 1984

2179

county or counties of his judicial circuit as may be provided for by law. Each dis trict attorney shall also receive reim bursement of travel expenses as provided by law."
Section 3. This Act shall become effective on July 1, 1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate adopt the Conference Committee report on HB 1150.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Deal English Foster Garner Gillis Harris Harrison Hill Hine Horton Huggins Kidd Lester

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

Those voting in the negative were Senators:

Barker Engram Holloway

Hudgins McKenzie

Thompson Trulock

Those not voting were Senators:

Coleman Dean Fincher

Greene Howard Kennedy (presiding)

Land Stumbaugh Timmons

On the motion, the yeas were 40, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1150.

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

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.
Senate Sponsors: Senators Howard of the 42nd and Scott of the 2nd.

Senators Scott of the 2nd and Howard of the 42nd offered the following substitute to HR 675:

A RESOLUTION
Creating a Joint Committee to Study the Standard of Need with Re spect to AFDC Payments; and for other purposes.
WHEREAS, the "Aid to Dependent Children Act" was enacted in 1937 and is currently Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated; and
WHEREAS, although the State of Georgia appropriated over $65 mil lion for AFDC payments in State Fiscal Year 1983-84, the formula for de termining the standard need with respect to such AFDC payments has not been changed since 1969; and
WHEREAS, the State of Georgia needs to study the assistance re quirements of dependent children as defined in Code Section 49-4-101 to determine if appropriate aid is being provided by the state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created a Joint Committee to Study the Standard of Need with Respect to AFDC Payments to be composed of seven members to be selected as follows: three members of the House of Representatives to be appointed by the Speaker of the House, three mem bers of the Senate to be appointed by the President of the Senate, and one member to be appointed by the Governor. The member appointed by the Governor shall serve as the chairperson and shall be responsible for conven ing the meetings of the committee. The committee shall make a comprehen sive study of the standard need with respect to AFDC payments and the assistance requirements of dependent children. The committee is authorized to study all matters relative to the purposes of this resolution. The commit tee is further authorized to conduct and hold meetings at such times and places as it deems advisable so as to better enable it to perform its duties under this resolution. The members of the committee shall receive the ex penses and allowances authorized by law for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized by the Speaker of the House and the President of the Senate. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or otherwise available to

WEDNESDAY, FEBRUARY 22, 1984

2181

the legislative branch of government. The committee shall make a report of its findings and recommendations by not later than December 31, 1984, on which date the committee shall stand abolished.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Huggins Kidd 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:

Brannon Dean Greene

Howard Hudgins Kennedy (presiding)

Land Timmons

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

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

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HB 1312. By Representatives Bailey, Lee and Benefield of the 72nd and others:
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 four the number of judges for the Clayton Judicial Circuit.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

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

Engram Foster Garner Gillis Greene Harris 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:

Coverdell Fincher

Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 0.

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

WEDNESDAY, FEBRUARY 22, 1984

2183

HB 1526. By Representatives Cox of the 141st, Manner of the 131st, Royal of the 144th and others:
A bill to authorize the governing authorities of the counties comprising the South Georgia Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the South Georgia Judicial Circuit.
Senate Sponsor: Senator Trulock of the 10th.

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

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Bowen English Howard

Kennedy (presiding) Reddish Scott of 2nd

Starr Turner

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

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

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

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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.
Senate Sponsors: Senators Land of the 16th and Walker of the 19th.

Senators Walker of the 19th and Gillis of the 20th offered the following substitute to HB 1250:

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 regulation of hunting in general, so as to provide that under certain conditions it shall be unlawful to hunt upon lands belonging to another person without obtaining and carrying written authorization from the owner; to provide for criminal punishment of violations; to provide limitations on the civil liability of an owner or lessee giving such permission; to provide for related matters; 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 regulation of hunting in general, is amended by striking Code Section 27-3-1, which reads as follows:
"27-3-1. (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land.
(b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another.
(c) It shall be the duty of conservation rangers, sheriffs, and deputy sheriffs to enforce this Code section.",
and substituting in lieu thereof a new Code section to read as follows:
"27-3-1. (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. Such permission shall not be required, however, if the person hunt ing or a member of the person's family is the owner of the land, the lessee of the land, or the lessee of the game rights of the land. For the purposes of this Code section only, 'family' means mother, father, son, daughter, brother, sister, grandson, granddaughter, grandmother, grand father, or spouse.
(b) If the land is posted and if the owner of the land, lessee of the

WEDNESDAY, FEBRUARY 22, 1984

2185

land, or lessee of the game rights of the land has informed a law enforce ment agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person.
(c) Any person who violated subsection (a) or (b) of this Code sec tion shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00. Any person who violates subsection (a) or (b) of this Code section for the second or subsequent time within a two-year period shall be punished by a fine of not less than $500.00; and the de partment shall revoke the right of such person to a hunting license for a period of one year for each such second or subsequent conviction within a two-year period. The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger.
(d) It shall be the duty of any peace officer whose duty it is to pre serve the peace or make arrests or enforce the law to enforce this Code section.
(e) Any owner of land, lessee of land, or lessee of the game rights to land who gives permission to another person to hunt upon the land with or without charge shall be entitled to the same protection from civil lia bility provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Walker of the 19th, English of the 21st, Gillis of the 20th and Land of the 16th offered the following amendment:

Amend the substitute to HB 1250 offered by Senators Walker of the 19th and Gillis of the 20th by adding on line 14 of Page 2 after the word and symbol "sister," the following:
"uncle, aunt, son-in-law, daughter-in-law, niece, nephew,".

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

On the adoption of the substitute, the yeas were 43, 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.

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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 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 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:

Brantley Howard

Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 52, nays 0.

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

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

WEDNESDAY, FEBRUARY 22, 1984

2187

On the passage of 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 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 Starr
Stumbaugh Tate
Thompson Timmons Trulock Turner
Tysinger Walker

Those not voting were Senators:

English Howard

Kennedy Scott of 2

Scott of 43rd

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1512. By Representatives Alford of the 57th, Logan of the 67th, Wilson of the 20th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to com memorate the centennial of the founding of the Georgia Institute of Technology.
Senate Sponsor: Senator Coleman of the 1st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bond

Bowen Broun of 46th

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Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher Foster Garner

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 Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley Dawkins

Gillis Howard Kennedy (presiding)

Scott of 36th Timmons

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

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

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.
Senate Sponsors: Senators Scott of the 43rd and Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin Coleman Coverdell

WEDNESDAY, FEBRUARY 22, 1984

2189

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 Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Howard Kennedy (presiding)

Scott of 36th Scott of 43rd

Tate Timmons

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

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

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.
Senate Sponsors: Senators Tysinger of the 41st and Coleman of the 1st.

The Senate Committee on Public Utilities offered the following amendment:

Amend HB 1010 by striking from Section 1, beginning on line 1 of Page 2, the following:
"(B) Motor vehicles not for hire engaged solely in the transportation of road-building materials;".
By striking from Section 1 on line 4 of Page 2 the following: "(Q",
and inserting in lieu thereof the following: "(B)".
By striking from Section 1 on line 11 of Page 2 the following: "(D)",

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and inserting in lieu thereof the following: "(C)".

On the adoption of the amendment, the yeas were 7, nays 25, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Allgood 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 Hudgins Huggins Kidd

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

Those not voting were Senators:

Barker Fincher Howard

Kennedy (presiding) McKenzie Scott of 43rd

Tate Timmons

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

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

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

WEDNESDAY, FEBRUARY 22, 1984

2191

for the uniform application of fire and building related codes to existing buildings and structures throughout the state.
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 Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land

Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Turner Walker

Those not voting were Senators:

Barker Broun of 46th Engram Harris

Howard Kennedy (presiding) McKenzie

Scott of 43rd Trulock Tysinger

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

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

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.
Senate Sponsor: Senator Deal of the 49th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 910 by striking the period on line 10 of Page 2 and in serting in lieu thereof the following:
"; provided, however, jurisdiction over ordinances having to do with traffic offenses shall be in the court or courts having jurisdiction over state traffic offenses."

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

Senator Dawkins of the 45th offered the following amendment:

Amend HB 910 by adding after the comma on line 24 of Page 1 the following:
"may provide for the regulation and control of litter in the same manner as municipal ordinances under Code Section 16-7-48,".

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

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

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

Those voting in the affirmative were Senators:

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

Coggin Coleman Dawkins Deal Dean English Fincher Foster Garner Greene Harrison

Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie

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Peevy Perry Phillips Reddish
Scott of 2nd

Scott of 36th Scott of 43rd
Starr Stumbaugh Tate

Thompson Timmons Turner Walker

Those not voting were Senators:

Broun of 46th Coverdell Engram

Gillis Harris Howard

Kennedy (presiding) Trulock Tysinger

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

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

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.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Children and Youth offered the following substitute to HB 602:

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 for a new Article 2 relating to termination of parental rights and to make certain editorial changes connected therewith; to provide for court or ders and the effects thereof; to provide conditions under which parental rights may be terminated; to provide for petitions and summons regarding termination of parental rights and the procedures connected therewith; to provide for rights of fathers of children born out of wedlock; to provide for sanctions for failure to be served or failure to obey summons; to provide for appointment of counsel and guardians ad litem and the expenses thereof; to provide for standard of proof; to provide for physical or mental evaluations; to provide for confidentiality; to provide for hearings; to provide for custody of certain children; to provide for certain conflicts; 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-

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notated, relating to juvenile proceedings, is amended by designating that part of the existing Chapter 11, beginning with Code Section 15-11-1, as Article 1, and by striking "chapter," wherever it appears in that newly des ignated article, except where it appears in Code Section 15-11-1 and in the introductory phrase to Code Section 15-11-2, and inserting in its place "article."
Section 2. Said chapter is further amended by striking from the newly designated Article 1 thereof subsection (a) of Code Section 15-11-41, relat ing to duration of orders of the juvenile court, which reads as follows:
"(a) An order terminating parental rights is without limit as to duration.",
and inserting in its place a new subsection (a) to read as follows:
"(a) Reserved."
Section 3. Said chapter is further amended by striking from newly designated Article 1 thereof Code Sections 15-11-51 through 15-11-54, which read as follows:
"15-11-51. (a) The court by order may terminate the parental rights of a parent with respect to this child if:
(1) The parent has abandoned the child;
(2) The child is a deprived child and the court finds that the condi tions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will proba bly suffer serious physical, mental, moral, or emotional harm;
(3) The written consent of the parent acknowledged before the court has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, 19-8-5, and 19-8-7; or
(4) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custo dian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.
(b) If the court does not make an order of termination of parental rights it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-52. (a) The petition shall comply with Code Section 15-11-25 and shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in the first sentence of Code Section 15-11-53.
(b) If the paternity of a child born out of wedlock has been estab lished in a judicial proceeding to which the father was a party prior to

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the filing of the petition, the father shall be served with summons as pro vided by this chapter. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. In either event nothing in this Code section shall be construed to preclude the father's petitioning for custody of the child. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. If the identity and location of a putative father are known or can be ascertained by reason able efforts, he shall be notified of the proceeding to terminate parental rights by registered or certified mail, return receipt requested, at his last known address.
15-11-53. An order terminating the parental rights of a parent ter minates all his rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another nor has he any right to object to the adoption or otherwise to participate in the proceedings.
15-11-54. (a) If, upon the entering of an order terminating the pa rental rights of a parent, there is no parent having parental rights, the court shall commit the child to the custody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If the child is not adopted within two years after the date of the order and a general guardian of the child has not been appointed, the child shall be returned to the court for entry of further orders for his care, custody, and control.",
and inserting in their place new Code Sections 15-11-51 through 15-11-54 to read as follows:
"15-11-51. Reserved.
15-11-52. Reserved.
15-11-53. Reserved.
15-11-54. Reserved."
Section 4. Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows:

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"ARTICLE 2
15-11-80. An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relation ship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
15-11-81. (a) The court by order may terminate the parental rights of a parent with respect to the parent's child if:
(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surren der the child for adoption as provided by Code Sections 19-8-3, 19-8-4, and 19-8-7;
(2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custo dian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
(3) The parent has abandoned the child or the child was left under circumstances such that the identity of the parent is unknown and cannot be ascertained, despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or
(4) The parent is manifestly unfit because the conduct or condition of the parent is such as to render the parent unable or unwilling to care properly for the child; such conduct or condition is unlikely to change or is likely to recur in the forseeable future; and, by reason thereof, the child has suffered, is suffering, or is likely to suffer serious physical, mental, moral, or emotional harm.
(A) In determining unfitness of a parent under this paragraph, the court shall consider, without being limited to, the following:
(i) Emotional illness, mental illness, mental retardation, or mental deficiency of the parent, of such duration or nature as to render the par ent unlikely to care for the ongoing physical, mental, or emotional needs of the child;
(ii) Egregious conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature;
(iii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors, narcotic or dangerous drugs, marijuana, or con trolled substances;
(iv) Physical, mental, or emotional neglect of the child;

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(v) Conviction of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relation ship; and
(vi) Unexplained injury or death of a sibling under circumstances where the parent should have known the cause of the injury or death.
(B) In addition to the considerations in subparagraph (A) of this paragraph, where a child is not in the physical custody of the parent, in determining unfitness of a parent under this paragraph, the court shall consider, without being limited to, the following, where the parent with out justifiable cause fails to:
(i) Provide care or to pay a reasonable portion of substitute physical care and maintenance where custody is lodged with others;
(ii) Maintain regular visitation or other contact with the child as designed in a court approved plan to reunite the child with the parent;
(iii) Maintain consistent contact, communication, or both with the child; and
(iv) Adjust his circumstances, conduct, or conditions to meet the needs of the child.
(b) In considering termination of parental rights under subsection (a) of this Code section, the court shall give primary consideration to the physical, mental, and emotional condition and needs of the child and de termine whether termination is in the best interest of the child.
(c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-82. (a) The petition to terminate parental rights and all sub sequent court documents in the proceeding shall be entitled 'In the mat ter of _____, a child.', except upon appeal, in which event the ano nymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing.
(b) The petition may be made by a juvenile court counselor or of ficer of that court, or employee of any public or private licensed childcaring agency, or by any interested person. In the event that the petition is made by an interested person, the petition shall be endorsed by the court pursuant to Code Section 15-11-23.
(c) A petition made by a juvenile court counselor or officer of that court, or employee of a public or private licensed child-caring agency may be on information and belief of the petitioner. In all other cases the petition shall be made on the personal knowledge of the petitioner and shall be verified.
(d) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in

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Code Section 15-11-80, and shall set forth in ordinary and concise lan guage the facts required by Code Section 15-11-25.
15-11-83. (a) Upon filing of the petition, summons shall be issued forthwith on the child's parents, guardian, lawful custodian, and person presently having physical custody of the child.
(b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and person presently having physical custody of the child. All summons shall contain a statement to the effect that the hear ing is for the purpose of terminating parental rights.
(c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's dis cretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice.
(d) If the paternity of a child born out of wedlock has been estab lished in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as providsd by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceed ings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate the child, and that he did not provide support for the mother, including med ical care, either during her pregnancy or during her hospitalization for the birth of the child. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed childplacing agency to expend such additional effort, as the court shall spec ify, in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results re ported. If the court finds from the evidence that the putative father either lived with the child, or contributed to its support, or attempted to legiti-

WEDNESDAY, FEBRUARY 22, 1984

2199

mate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court finds that the con duct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. The court shall not in clude the name of the mother in any public notice to the putative father if his name is known to the court. If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child.
15-11-84. (a) If any person named in and properly served with sum mons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing that that person appear before the court to show cause why such person should not be held in contempt of court.
(b) If the summons cannot be served, or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
15-11-85. (a) In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as his counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his counsel.
(b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-56.
15-11-86. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convinc ing evidence.
15-11-87. The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article.
15-11-88. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, crimi nal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or depri vation or termination proceedings involving the same respondent under this article.

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15-11-89. The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-29.
15-11-90. (a) If, upon the entering of an order terminating the pa rental rights of a parent, there is no parent having parental rights, the court shall make any of the following dispositions: commit the child to the custody of the Department of Human Resources or a licensed childplacing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement.
15-11-91. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article."
Section 5. 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 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 Hudgins Huggins Kidd

WEDNESDAY, FEBRUARY 22, 1984

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Land tester McGill PMecevKyenzie
Perry
Phillips

Reddish Scott of 2nd Scott of 36th SSctaortrt of 43rd
Stumbaugh
Tate

Thompson Timmons Trulock
Turner Tysinger Walker

Those not voting were Senators:

Fincher

Howard

Kennedy (presiding)

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

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

HB 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.
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 Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill McKenzie Peevy

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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 Howard 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.

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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1059:

A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifications for licensees; to delete the requirement of licenses for branch offices; to delete certain references to branch offices; to change provisions for grounds for refusal to grant licenses; to provide that a sanction by the commission or a similar commission of another state or for eign country may be a sufficient ground for refusal of a license; to provide for compliance with local business ordinances; to provide for the responsibil ity of brokers for affiliated licensees; to provide for agreements between bro kers with regard to the transfer of licensees; to provide procedures for notice and hearings; to provide for service of notices upon the real estate commis sioner; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia An notated, relating to real estate brokers and salespersons, is amended by striking paragraph (5) of subsection (a) of Code Section 43-40-8, relating to qualifications of licensees, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting

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real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection."
Section 2. Said chapter is further amended by striking paragraph (6) of subsection (b) of Code Section 43-40-8, relating to qualifications of licen sees, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Stand and pass a real estate examination administered by or ap proved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of par agraph (5) of this subsection and after serving at least two years of ac tive licensure."
Section 3. Said chapter is further amended by striking Code Section 43-40-11, relating to forms and display of licenses, in its entirety and in serting in lieu thereof a new Code Section 43-40-11 to read as follows:
"43-40-11. The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each real estate salesperson and associate broker shall be deliv ered or mailed to the real estate broker for whom the real estate salesper son or associate broker is acting as an associate broker or salesperson and shall be kept in the custody and control of such broker. It shall be the duty of each broker to display his own license conspicuously and those of his associate brokers and salespersons in his place of business. The com mission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real estate broker or a licensed real estate associate broker or salesperson, as the case may be."
Section 4. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-40-12, relating to license fees, and inserting in lieu thereof new subsections (c) and (d) of said Code section to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation and partnership shall pay an activation fee in advance. All licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at midnight on the thirty-first day of December in each odd-numbered year.
(d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for real estate broker, associate broker, and salesperson shall be filed on or before September 1 prior to the expiration of said license at midnight on December 31 of the licensing biennial period. A license fee for renewal may be filed after September 1 by paying a late renewal fee on or before December 31 of the biennial licensing period. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed."

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Section 5. Said chapter is further amended by striking Code Section 43-40-15, relating to granting and revocation of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-40-15 to read as follows:
"43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifica tions has been presented to the commission. The commission may deny a license to a corporation or partnership if a stockholder or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integ rity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally consti tuted regulatory agency for violating a law regulating the sale of real estate.
(b) Where an applicant has been convicted of forgery, embezzle ment, obtaining money under false pretenses, larceny, extortion, conspir acy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license.
(c) Where an applicant or licensee has made a false statement of material fact on his application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspen sion, or revocation of the license.
(d) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license.
(e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this chapter when the conduct is that of a licensed real estate agent under this chapter.
(f) If a licensee:
(1) Voluntarily surrenders his license to the commission;
(2) Allows his license to lapse due to failure to meet educational requirements provided by law; or
(3) Allows his license to lapse due to failure to pay any required fees after the commission has filed a notice of hearing alleging that such li censee has violated any provision of this chapter but before the commis sion enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee.

WEDNESDAY, FEBRUARY 22, 1984

2205

(g) Where an applicant has been sanctioned by the commission or by a similar commission of any other state or foreign country, such sanc tion in itself may be a sufficient ground for refusal of a license."
Section 6. Said chapter is further amended by striking Code Section 43-40-18, relating to requirements as to managers of branch offices, in its entirety and inserting in lieu thereof a new Code Section 43-40-18 to read as follows:
"43-40-18. (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsec tion shall be construed as altering the provisions of Code Section 48-13-6.
(b) A real estate broker or qualifying broker shall be held responsi ble for any licensee whose license is affiliated with him or his firm should such licensee violate any of the provisions of this chapter and its attend ant rules and regulations. Whenever an affiliate licensee violates a provi sion of this chapter in contravention of the broker's or qualifying broker's written policies or instructions, the broker shall not be responsible for those acts of the affiliate licensee. Whenever the commission may find it necessary to sanction a broker or qualifying broker for responsibility for the actions of an affiliate licensee in violating the provisions of this chap ter or its rules and regulations, the commission shall determine the sever ity of that sanction after considering whether the broker or qualifying broker:
(1) Had reasonable procedures in place for supervising the affiliate's actions;
(2) Knew of the violation and failed to attempt to prevent it;
(3) Participated in the violation; or
(4) Ratified the violation.
No provision of this subsection shall be construed as altering the provi sions of Code Section 43-40-30.1."
Section 7. Said chapter is further amended by adding at the end of Code Section 43-40-19, relating to notification to the commission upon change of place of business by a broker, two new subsections, to be desig nated subsections (d) and (e), to read as follows:
"(d) A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided:
(1) Both brokers agree in writing to the licensee's actions on behalf of the former broker;
(2) The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers;

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(3) The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and
(4) The written agreement expresses the terms under which the li censee shall be compensated by the former broker.
(e) A salesperson shall not act as a licensee for any broker other than the broker holding the salesperson's license except as provided in subsection (d) of this Code section."
Section 8. Said chapter is further amended by striking subsections (e), (f), (g), and (h) of Code Section 43-40-20, relating to requirement of a trust or escrow checking account for real estate business, in their entirety and inserting in lieu thereof the following:
"(e) A broker shall not be entitled to any part of the earnest money or other money paid to him in connection with any real estate transaction as part or all of his commission or fee until the transaction has been consummated or terminated.
(0 Any licensed real estate broker or salesman, acting in the capac ity of principal in the sale of interests in real estate owned by him, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the Commission to examine its records of such deposits those parts of all payments received on contracts which are nec essary to meet any amounts concurrently due and payable on any ex isting mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such re ceipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper ac counting on such property is made to the parties entitled thereto.
(g) The commission, in its discretion, may allow a nonresident bro ker to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the re quirements of any rules which the commission may establish regarding the maintenance of such accounts."
Section 9. Said chapter is further amended by striking paragraph (17) of subsection (a) of Code Section 43-40-25, relating to violations of licen sees, schools, and instructors, and inserting in lieu thereof a new paragraph (17) to read as follows:
"(17) Paying a commission or compensation to any person for per forming the services of a real estate licensee who has not first secured his license under this chapter or is not cooperating as a nonresident who is licensed in his state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate licensee when such de ceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death;".

WEDNESDAY, FEBRUARY 22, 1984

2207

Section 10. Said chapter is further amended by striking Code Section 43-40-26, relating to hearings before the commission and judicial review, in its entirety and inserting in lieu thereof a new Code Section 43-40-26 to read as follows:
"43-40-26. (a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) If any licensee or applicant fails to appear at any hearing after reasonable notice, the commission may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or proposed deci sion, or final decision of the commission in a disciplinary proceeding shall be served upon the licensee or applicant by personal service or by certi fied mail, return receipt requested, to the last known address of record with the commission. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such licensee or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the licensee or applicant.
(c) Any person who has exhausted all administrative remedies avail able within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Barker 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

2208

JOURNAL OF THE SENATE

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 Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Howard

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 by substitute.

The President resumed the Chair.

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.
Senate Sponsor: Senator Scott of the 43rd.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1206:

A BILL
To be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance fees and taxes, so as to provide that for the purposes of levying, collecting, distributing, and apply ing 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; to provide for the distribution of any reimbursement received by an insur ance company as a result of the payment of insurance premium taxes levied by a county or municipality which was illegally assessed and collected; to

WEDNESDAY, FEBRUARY 22, 1984

2209

make provisions with respect to voluntary payments of local premium taxes; to provide for severability; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia An notated, relating to insurance fees and taxes, is amended by adding a new Code Section 33-8-8.4 to read as follows:
"33-8-8.4. For purposes of levying, collecting, distributing, and ap plying the proceeds of local insurance taxes and for all other purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the population of an in active municipality shall be considered to be population of the unincorpo rated area of the county or counties within which the municipality is located. Any municipality whose governing authority has neither met nor taken any official action during a calendar year shall be considered to be an inactive municipality during the next calendar year."
Section 2. Said chapter is further amended by adding a new Code section, to be designated Code Section 33-8-8.5, to read as follows:
"33-8-8.5. Any insurance company which receives reimbursement for the payment of an insurance premium tax levied by a county or mu nicipality which was illegally assessed and collected shall distribute on a pro rata basis the proceeds of such reimbursement to its policyholders of record for the year the tax was levied. The distribution of the reimburse ment shall be made as soon as practicable and in no event later than 90 days after such reimbursement is received by the insurance company."
Section 3. Said chapter is further amended by adding a new Code section, to be designated Code Section 33-8-8.6, to read as follows:
"33-8-8.6. Notwithstanding any other provision of law, any payment of premium taxes levied by a county or municipality heretofore made which when made was not accompanied by a written protest of the legal ity or amount of such tax shall be deemed to have been a voluntary pay ment and shall not be recoverable from such county or municipality."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 1 of this Act shall apply to taxes collected during 1984 and all future years. Section 2 of this Act shall apply to taxes collected prior to January 1, 1984.
Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so de clared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the re maining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

2210

JOURNAL OF THE SENATE

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 43rd offered the following amendment:

Amend the substitute to HB 1206 offered by the Senate Committee on Federal, State and Community Affairs by adding on line 10 of Page 1 after the word "company" the following:
", other than a life insurance company,".
By adding on line 9 of Page 2 after the word "company" the following:
", other than a life insurance company,".
By adding on line 23 of Page 2 after the word "payment" the following:
"by an insurance company, other than a life insurance company,".

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

On the adoption of the substitute, 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 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 Horton Huggins

Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson

WEDNESDAY, FEBRUARY 22, 1984

2211

Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Howard

Hudgins

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.

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

HB 1589. By Representative Walker of the 85th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to Committee on Federal, State and Community Affairs.

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

HR 182. By Representative Greer of the 39th: A resolution compensating Mr. Duane E. Henggeler in the sum of $25,000.00.
Senate Sponsor: Senator Hill of the 29th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster

2212

JOURNAL OF THE SENATE

Garner Gillis Greene Harris Harrison
H0:1il1l
Hine Holloway Horton Muggins 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:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 445. By Representative Randall of the 101st: A resolution compensating Ms. Peggy J. Snow in the sum of $858.75.
Senate Sponsor: Senator Hill of the 29th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker 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 Huggins Kennedy Kidd Land Lester McGill

WEDNESDAY, FEBRUARY 22, 1984

2213

McKcnzic Pecvy Sps Reddish Scott of 2nd

Scott of 43rd Starr Stumbaugh Tate Thompson

Timmons Trulock Turner Tysmger Walker

Those not voting were Senators:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 446. By Representative Randall of the 101st:
A resolution compensating Ms. Frances J. DuVernois in the sum of $564.62. Senate Sponsor: Senator Hill of the 29th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker 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 Muggins Kennedy

Kidd Land tester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons

2214
Trulock Turner

JOURNAL OF THE SENATE

Tysinger

Walker

Those not voting were Senators:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 447. By Representative Randall of the 101st: A resolution compensating J. C. and Lavada Amerson in the sum of $810.00.
Senate Sponsor: Senator Hill of the 29th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker 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 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

WEDNESDAY, FEBRUARY 22, 1984

2215

Those not voting were Senators:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 451. By Representative Murphy of the 18th: A resolution compensating Mr. Phillip Tracy in the sum of $5,400.00. Senate Sponsor: Senator Hill of the 29th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker 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 Mine Holloway Horton 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:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0.

2216

JOURNAL OF THE SENATE

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

HR 653. By Representative Bostick of the 138th: A resolution compensating Grace E. Ahearn in the sum of $6,350.79. Senate Sponsor: Senator Hill of the 29th.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker 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 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:

Barnes Howard

Hudgins

Scott of 36th

On the adoption of the resolution, the yeas were 52, nays 0.

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

WEDNESDAY, FEBRUARY 22, 1984

2217

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 5:55 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

2218

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 23, 1984 Thirty-eighth 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 Senate:

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.

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.

SB 477. By Senator Cobb of the 28th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 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.

THURSDAY, FEBRUARY 23, 1984

2219

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.

SB 395. By Senator tester 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 465. By Senator Mine of the 53rd:
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 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 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 House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 794. By Representatives Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution revising and adopting the Rules for the Government of the General Assembly When in Joint Session.

2220

JOURNAL OF THE SENATE

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

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.

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 House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 278. By Senator Scott of the 43rd:
A resolution creating a Joint Urban County and Municipal Study Committee.

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

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

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 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.

THURSDAY, FEBRUARY 23, 1984

2221

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

HR 794. By Representatives Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution revising and adopting the Rules for the Government of the General Assembly When in Joint Session.
Referred to Committee on Rules.

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 951. Do pass by substitute.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Federal, State and Community Affairs has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 600. HB 869. HB 1533. HB 1535. HB 1539. HB 1615. HB 1630. HB 1634. HB 1635.

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

HB 1638. HB 1640. HB 1642. HB 1650. HB 1654. HB 1658. HB 1662. HB 1666. HB 1670.

Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass.

2222

JOURNAL OF THE SENATE

HB 1671. HB 1672. HB 1673. HB 1674. HB 1675. HB 1676.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1677. HB 1678. HB 1679. HB 1680. HB 1685. HB 1686.

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 Human Resources 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 457. Do pass. HR 708. Do pass as amended.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1011. Do pass by substitute. HB 1230. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 437. Do pass.
SR 449. Do pass.

THURSDAY, FEBRUARY 23, 1984

2223

Respectfully submitted, Senator Brown of the 47th District, Chairman
Mr. President:
The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 94. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Transportation has had under consideration the following reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 445. 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:
SR 437. By Senator Kidd of the 25th: A resolution creating the Senate Telephone Communications Policy for Georgia Study Committee.
SR 445. By Senator Foster of the 50th: A resolution urging the Department of Transportation to designate the Robert L. Anderson bridge.
SR 449. By Senator Scott of the 2nd: A resolution creating the Public Utility Rate-making Process Study Committee.

2224

JOURNAL OF THE SENATE

HB 94. By Representative Selman of the 32nd:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to cer tain persons who were previously members of the Peace Officers' Annuity and Benefit Fund and who, upon becoming disabled, were denied disability benefits.

HB 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.

HB 600. By Representatives Phillips of the 125th and Triplett of the 128th:
A bill to repeal an Act relating to the compensation of the clerk of the Probate Court of Chatham County; to provide that the clerk of the Superior Court of Chatham County shall serve as the clerk of the probate court.

HB 869. By Representative Phillips of the 93rd:
A bill to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Harris County.

HB 951. By Representative Phillips of the 120th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeep ers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests.

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 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.

THURSDAY, FEBRUARY 23, 1984

2225

HB 1533. By Representatives Bailey, Lee and 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.

HB 1535. By Representatives Bailey, Lee and 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.

HB 1539. By Representatives Bailey, Lee and 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.

HB 1615. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education, so as to provide for competitive bidding on all materials, equip ment, and supplies in excess of $1,500.00 by Board of Education of Harris County.

HB 1630. By Representative Bailey of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to change the corporate limits of said city.

HB 1634. By Representatives Mueller of the 126th and Triplett of the 128th: A bill to create the Board of Elections of Chatham County.

HB 1635. By Representative Karrh of the 109th:
A bill to provide for a chief magistrate and a magistrate of the Magistrate Court of Candler County.

HB 1638. By Representative Mostiler of the 75th:
A bill to amend an Act abolishing the fee system as the mode of compensa tion of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.

HB 1640. By Representative Bray of the 91st:
A bill to amend an Act providing a new charter for the City of Talbotton, so as to completely revise the charter of the city and provide a new charter for said city.

2226

JOURNAL OF THE SENATE

HB 1642. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the compensation of the judge and solicitor of said court.

HB 1650. By Representatives Waddle of the 113th and Watson of the 114th: A bill to create the Houston County Water and Sewer Study Commission.

HB 1654. By Representatives Isakson of the 21st, Thompson of the 20th, Cooper of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

HB 1658. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the board of education of Upson county, so as to change the composition of education districts.

HB 1662. By Representative Adams of the 79th:
A bill to provide for the appointment of the Upson County Superintendent of Schools by the board of education of Upson County.

HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to abolish the office of treasurer of Ware County; to provide for the county depositories.

HB 1670. By Representatives Wilson and Burruss of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 1671. By Representative Mullinax of the 81st: A bill to create a board of elections and registration in Troup County.

HB 1672. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the compensation of the tax commissioner.

HB 1673. By Representatives Moody and Byrd of the 153rd:
A bill to incorporate the City of Santa Claus in the County of Toombs and provide a charter therefor.

THURSDAY, FEBRUARY 23, 1984

2227

HB 1674. By Representatives Childers and McKelvey of the 15th and Caldwell of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the provisions relating to salaries of members of the board.

HB 1675. By Representative Ray of the 98th:
A bill to amend an Act creating a board of commissioners for Peach County, so as to authorize the governing authority to regulate rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach County.

HB 1676. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the Town of Nelson, so as to provide for the election of the mayor and councilmen of the Town of Nelson.

HB 1677. By Representatives Colwell and Twiggs of the 4th: A bill to create the Gilmer County Water and Sewerage Authority.

HB 1678. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff; to change the compensation of deputy sheriffs.

HB 1679. By Representative Bray of the 91st:
A bill to make provisions for the Magistrate Court of Talbot County; to provide that the judge of the Probate Court of Talbot County shall serve as the chief magistrate of Talbot County.

HB 1680. By Representative Reaves of the 147th:
A bill to make provisions for the Magistrate Court of Echols County; to provide that the judge of the Probate Court of Echols County shall serve as the chief magistrate of Echols County.

HB 1685. By Representatives Byrd and Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act relating to the board of education of Toombs County, so as to provide for the election of members of the Toombs County board of education.

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JOURNAL OF THE SENATE

HB 1686. By Representatives Colwell and Twiggs of the 4th: A bill to reincorporate the City of Blairsville in the County of Union.

HR 708. By Representatives Childers of the 15th, Chambless of the 133rd, Phillips of the 125th and others:
A resolution creating the Joint Hospital Care for the Indigent Study Committee.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, was read the third time and put upon their passage:

SB 564. By Senator Barnes of the 33rd:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the corporate limits of the city.

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

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

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

SB 565. By Senator Gillis of the 20th:
A bill to provide that the school superintendent of Toombs County School District shall be appointed by the board of education 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 49, nays 0.

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

HB 1400. By Representatives Thompson, Wilson and Cooper of the 20th and others: A bill to create the Cobb County Stadium 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 49, nays 0.

THURSDAY, FEBRUARY 23, 1984

2229

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

HB 1486. By Representative Lane of the 27th:
A bill to amend an Act establishing a new charter for the City of East Point, Georgia, so as to change the date on which elections for filling the offices of mayor and council of the City of East Point, Georgia, shall be held.

The report 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 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.

The report 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 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.

The report 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 1564. By Representative Adams of the 36th:
A bill to amend an Act providing for the appointment of magistrates of Fulton County to serve in the Magistrate Court of Fulton County, so as to provide for the appointment of part-time 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 49, nays 0.

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

HB 1594. By Representative Selman of the 32nd:
A bill to amend an Act establishing the charter of the City of Palmetto, so as to change the term of office 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.

HB 1601. By Representative Smith of the 152nd: A bill to create the State Court of Bacon 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 1619. 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 number of county commissioners.

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

THURSDAY, FEBRUARY 23, 1984

2231

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

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

HB 1621. By Representatives Triplett of the 128th, Ginsberg of the 122nd and Hamil ton of the 124th:
A bill to completely revise the laws relative to the governing authority 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 1633. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the number 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 1639. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to extend the jurisdiction and powers of the board of utilities commissioners of Catoosa 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 1643. By Representative Ross of the 82nd: A bill to provide a new charter for the City of Lincolnton.

The report 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 1644. By Representative Ross of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the compensation of the members of the board of commissioners other than the chairman.

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

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

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

HB 1645. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Wilkes 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 1646. By Representative Ross of the 82nd: A bill to make provisions for the Magistrate Court of Warren 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 23, 1984

2233

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

HB 1647. By Representative Ross of the 82nd:
A bill to abolish the office of treasurer of Warren County; to provide for county depositories.

The report 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 1653. By Representative Ross of the 82nd:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the boundaries 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 1656. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to change the composition 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 1657. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to provide for the election of members of the board of education of Turner County.

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JOURNAL OF THE SENATE

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

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

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

HB 1668. By Representative Yeargin of the 14th:
A bill authorizing and directing the mayor and council of the City of Elbcrton to divide said city into wards, so as to establish and define wards within the City of Elberton for the purpose of electing members of the city council.

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

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

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

HB 554. By Representatives Barnes of the 90th, Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the composition of the board of education of Rich mond County and provide for new districts therefor.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 554:

A BILL
To be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3677), so as to change the composition of the board of education of Rich mond County and provide for new districts therefor; to change the manner of qualifying and electing members; to define the term "House District"; to provide for terms, vacancies, and qualifications; to abolish certain offices; to provide for election of a president and vice president of the board; to author ize the president and vice president to succeed themselves; to provide for a referendum; to provide for a special election and the shortening and length ening of terms of office under certain conditions; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 1984

2235

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3677), is amended by striking subsections (e), (f), and (g) of Section 1 in their en tirety and substituting in lieu thereof the following:
"(e) (1) On and after January 1, 1987, the board of education of Richmond County shall consist of nine members. The members shall be qualified voters of Richmond County and shall have been residents of Richmond County for a period of not less than two years preceding the election for which those persons are candidates. Each of the members shall have been a resident of the school board district that member repre sents for at least one year at the time of election and shall be elected by the voters voting in that district. The office of any member elected from a school board district shall be vacated upon that member's removal from the district he represents.
(2) For the purpose of electing members of the board of education of Richmond County, the Richmond County School District is divided into nine school board districts as follows:
School Board District I--That portion of Richmond County lying within House District 85.
School Board District II--That portion of Richmond County lying within House District 86.
School Board District III--That portion of Richmond County lying within House District 87.
School Board District IV--That portion of Richmond County lying within House District 88.
School Board District V--That portion of Richmond County lying within House District 89.
School Board District VI--That portion of Richmond County lying within House District 90.
School Board District VII--That portion of Richmond County lying within House Districts 85 and 88.
School Board District VIII--That portion of Richmond County ly ing within House Districts 86 and 89.
School Board District IX--That portion of Richmond County lying within House Districts 87 and 90.
(f) As used in subsection (e) of this section, 'House District' means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A. as such Code existed on July 1, 1983.
(g) Those eight members of the board who, under previously ex-

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isting provisions of this section, were elected to office as members of the board for terms of office expiring December 31, 1986, shall serve out their terms of office, at which time those offices shall be abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
(h) Those three members of the board who, under previously ex isting provisions of this section, were elected to office as members of the board at the general election of 1982 for terms of office expiring Decem ber 31, 1988, shall only serve until December 31, 1986, at which time those offices shall be abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
(i) Those five members of the board of education who, under the previously existing provisions of this section, were elected to office at the general election in 1984 for terms of office expiring December 31, 1988, shall only serve until December 31, 1986, at which time those offices shall stand abolished, and no person shall be elected at the 1986 general election or thereafter to fill such abolished offices.
(j) At the general election in 1986, nine members of the board shall be elected pursuant to this section from School Board Districts I, II, III, IV, V, VI, VII, VIII, and IX. The members elected from School Board Districts I, III, V, VII, and IX shall each serve for an initial term of office of four years and until their successors are elected and qualified. The members elected from School Board Districts II, IV, VI, and VIII shall each serve for an initial term of office of two years and until their successors are elected and qualified. The members of the school board shall take office on the first day of January immediately following their election.
(k) After the initial terms specified in subsection (j) of this section, successors to the members of the board elected pursuant to that subsec tion shall each be elected at the general election immediately preceding the expiration of their respective terms and shall each take office on Jan uary 1 immediately following their election for terms of four years and until the election and qualification of their respective successors.
(1) Vacancies occurring on and after January 1, 1986, except those arising from expiration of terms, shall be filled as provided in this subsec tion. Vacancies shall be filled by election at the next succeeding general election and shall be for the unexpired portion of the term caused by said vacancy, provided said vacancy occurs at least 50 days prior to the date set for the election, including the day on which the vacancy occurs, and provided further that if the vacancy occurs at least 50 days prior to the date of the election the candidates shall be allowed not less than ten days to qualify. If the vacancy occurs less than 50 days prior to the date of the election, the vacancy shall not be filled until the next succeeding election held for that purpose; provided, further, that all such candidates shall have no less than ten days to qualify. Should there ever occur on the board as many as two vacancies at one time, a special election shall be conducted in the same manner as other elections for members of the board and shall be called not later than 45 days after the vacancies oc cur. Any candidates desiring to qualify in the special election provided

THURSDAY, FEBRUARY 23, 1984

2237

for in this subsection to fill a vacancy shall have the residency require ments provided for in this section, and the candidates shall qualify and run for election as provided for in this section.

(m) At least 50 days prior to the date of any election for members of the board under this Act, every person intending to become a candi date for membership on the board of education shall file a declaration of intention and identify the particular district he is a candidate to re present with the board of elections of Richmond County. Each candidate for the board of education shall pay a $100.00 qualifying fee with the board of elections upon the date that he files his notice of candidacy. A written acknowledgement of the receipt of such declaration from the board of elections shall always be evidence of its filing. In the event not more than one such notice or declaration of intention is filed in respect to any position, the person filing shall automatically become the board member from that particular district for the next ensuing term as fixed by law; and no election shall be held for such district or office. In the event no notices or declarations are filed by a candidate to become the member of the board from a particular district, the board of education shall fill such vacancy by a majority vote of members present at a special meeting of the board called for that purpose. When more than one candi date to become a member of the board of education files from a particu lar district, an election shall be held. The board of elections of Richmond County shall certify the unopposed candidates and, based upon this certi fication, the Secretary of State is authorized to issue commissions to such unopposed candidates."

Section 2. Said Act is further amended by striking the first paragraph of Section 3 thereof and inserting in its place a new first paragraph to read as follows:

"The board of education shall hold an organizational meeting on the second Saturday in January in each odd-numbered year, at 10:00 A.M., in the office of the board of education. The board shall then proceed to organize by electing one of its members president and one vice president
for the term of two years and until their successors are duly elected and qualified. The president and vice president may be elected to succeed themselves in office. The superintendent of schools shall be secretary of
the board. All conveyances and contracts shall be executed on behalf of the board by the president or vice president and the secretary."

Section 3. Not later than September 15, 1984, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of the Rich mond County School District for approval or rejection. The superintendent shall set the date of such election for Tuesday, November 6, 1984. The su perintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

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"[ ] YES [ ] NO

Shall the Act providing for the reduction in size of the Richmond County Board of Education from 16 members to nine members with staggered terms of office be ap proved?"

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.

It shall be the duty of the superintendent of Richmond County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. (a) If this Act is approved by the voters of Richmond County in the referendum election on Tuesday, November 6, 1984, the Gen eral Assembly at its regular session in 1985, may change the date of the election of the first nine members of the Richmond County Board of Educa tion under this Act from the general election in 1986 to a special election to be conducted on Tuesday after the first Monday in November, 1985.
(b) In that event:
(1) The terms of office of all sixteen members of the board of educa tion of Richmond County shall expire on December 31, 1985, at which time such offices shall stand abolished;
(2) The terms of office of the members elected to represent School Board Districts I, III, V, VII, and IX shall be increased from four years to five years;
(3) The terms of office of the members elected to represent School Board Districts II, IV, VI, and VIII shall be increased from two years to three years;
(4) Successors to the members of the board representing School Board Districts II, IV, VI, and VIII shall be elected at the general elec tion in 1988;
(5) Successors to the members of the board elected to represent School Board Districts I, III, V, VII, and IX shall be elected at the gen eral election in 1990; and
(6) Thereafter all members of the board shall be elected as provided in subsection (k) of this Act.
Section 5. 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.

THURSDAY, FEBRUARY 23, 1984

2239

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 1324. By Representative Colbert of the 23rd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for staggered terms of members of the board of trustees of the county-wide library system.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1324:

A BILL
To be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 4228), so as to provide for the composition of the library board of trustees; to provide for staggered terms of members of the board of trustees of the county-wide library system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 4228), is amended by striking Section 4 thereof in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within the above-mentioned portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trust ees. The members of the Board of Trustees of the Atlanta Public Library at the time of the effective date of this Act shall be and become members of the library board of trustees and shall serve in that capacity through midnight June 30, 1984. Commencing July 1, 1984, the composition of the library board of trustees shall be as hereinafter provided.
(b) The mayor of the City of Atlanta or his designee shall serve on the library board of trustees in an ex officio capacity. The mayor of the City of Atlanta shall also appoint one member of the Atlanta City Coun cil to serve as a regular member on the library board of trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the library board of trustees in an ex officio capacity;

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and the board of commissioners shall elect one member from their board to serve as a regular member of the library board of trustees. Each mem ber selected pursuant to this subsection shall serve for a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of the term of each such member.
(c) On or before July 1, 1984, the Board of Commissioners of Fulton County shall appoint six members of such library board of trust ees, and of such membership one member shall be a resident of a munici pality from the north Fulton area, one member shall be a resident of a municipality from the south Fulton area, one member shall be a resident from the special tax district of the unincorporated area, and three mem bers shall be residents of the City of Atlanta. The Chairman of the Fulton County Board of Commissioners shall appoint a seventh member, who shall be a resident of any area of Fulton County. Each of the three members from designated areas of the county as stated above shall serve a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of such member's term. The three members from the City of Atlanta and the member appointed by the Chairman of the Fulton County Board of Commissioners shall serve a term of two years; provided that the term shall expire at midnight on June 30 of the second year of such member's term. Upon the expiration of all of the terms as set forth above, the members of the said library board of trust ees shall thereafter serve a term of four years.
(d) In addition to the above members of the library board of trust ees, the following persons on the said board at the time of the effective date of this Act shall continue to serve for a term of four years beginning July 1, 1984:
1. The chairman of the library board of trustees at the time of the effective date of this Act.
2. The immediate past chairman of said board if such person is on the library board of trustees at the time of the effective date of this Act.
3. One other person who is a member of the library board of trustees at the time of the effective date of this Act, such person to be appointed by the Board of Commissioners of Fulton County on or before July 1, 1984.
4. The purpose of this subsection is to provide for the continued ser vice on the library board of three members who are serving on the effec tive date of this Act for a term of four years, beginning July 1, 1984. If either the present chairman or the immediate past chairman is unable to serve for the new term beginning July 1, 1984, or any portion of such term, the board of commissioners shall appoint any person on such pre sent board of trustees to serve for such term or balance of such term.
5. At the expiration of the term of the persons serving under this subsection, the library board of trustees shall consist of eleven members, four under the provisions of subsection (b) and seven under subsection (c).
(e) Members of the library board of trustees shall be removed for

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cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees.
(f) Vacancies on the library board of trustees shall be filled in the same manner as appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the person who is appointed to fill that vacancy shall serve for the unexpired term.
(g) The library board of trustees provided for in this section shall have general supervision of the county-wide library system provided for in this Act and shall have power to make reasonable rules and regula tions for the operation of the county-wide library system. Said board of trustees may establish branches and stations wherever deemed advisable and may carry on other forms of library extension service. Said board of trustees shall create the office of director and deputy director of library services and fix the terms of office and compensation of said officers, and said offices shall be filled by persons with professional library training and experience who shall be appointed by the board of trustees. Notwith standing the provisions of Section 2 of this Act, the director and deputy director of library services shall not be subject to the civil service laws and regulations of Fulton County. Other employees of the library board of trustees shall be subject to the civil service laws and regulations of Fulton County as provided in Section 2 of this Act, but such employees shall be subject to the budgetary laws and purchasing procedures and requirements of Fulton County in the same manner as other departments of the Fulton County government, and said county-wide library system shall be funded by appropriations made to the library board of trustees by the county in accordance with the budgetary laws and purchasing pro cedures and requirements of Fulton County. In addition thereto, the board of trustees may also receive funds to support financially the county-wide library system pursuant to a contract entered into under the provisions of subsection (h) of Section 1 of this Act. The board of trust ees may also accept grants, bequests, or donations from any source to carry out the purposes and functions of the county-wide library system. The board of trustees may contract within the limits of funds made avail able to the board, provided that any such contract shall be made in ac cordance with the purchasing and contracting laws and regulations of Fulton County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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.

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The bill, having received the requisite constitutional majority, was passed by substitute.
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.
The Committee on Federal, State and Community Affairs offered the following amendment:
Amend HB 1450 by striking from line 22 of Page 1 the following:
"$8,000.00",
and inserting in lieu thereof the following:
"$10,000.00".
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:
Amend HB 1451 by striking on line 20 of Page 1 the figure "$5,000.00" and substituting in lieu thereof the figure "$7,000.00".
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

THURSDAY, FEBRUARY 23, 1984

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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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1641. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1641:
A BILL
To be entitled an Act to amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as amended by an Act approved March 25, 1980 (Ga. L. 1980, p. 3950), an Act approved April 6, 1981 (Ga. L. 1981, p. 3850), an Act ap proved April 12, 1982 (Ga. L. 1982, p. 4087), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), so as to extend the time within which said commission shall complete its work; to change and clarify certain references to qualified voters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. L. 1979, p. 3378), as amended by an Act approved March 25, 1980 (Ga. L. 1980, p. 3950), an Act ap proved April 6, 1981 (Ga. L. 1981, p. 3850), an Act approved April 12, 1982 (Ga. L. 1982, p. 4087), and an Act approved March 14, 1983 (Ga. L. 1983, p. 3739), is amended by striking subsection (a) of Section 6 in its entirety and inserting in lieu thereof a new subsection (a) of Section 6 to read as follows:
"(a) In the event said Charter Commission determines that a char ter should be drafted to create a government or governments as provided in Section 5 of this Act, said Charter Commission shall be authorized to draft a proposed charter or charters creating such government or govern ments which shall be submitted to the electors of Glynn County and the City of Brunswick as provided in this Act."
Section 2. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) of Section 8 to read as follows:
"(a) Said Charter Commission shall complete its study and make its

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recommendations regarding any changes that should be made in the gov ernments of the City of Brunswick and Glynn County by May 31, 1985, or, in the event said Charter Commission drafts a proposed charter or charters creating a new government or governments, said proposed char ter or charters shall be prepared, completed, and filed by May 31, 1985. However, the time for making such recommendations or for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being adopted by the gov erning authority of Glynn County."
Section 3. Said Act is further amended by striking subsection (a) of Section 10 in its entirety and inserting in lieu thereof a new subsection (a) of Section 10 to read as follows:
"(a) Not less than 30 nor more than 90 days after receipt of the certified copy of such proposed charter or charters and after receipt of the approval by the United States Department of Justice of such pro posed charter or charters, it shall be the duty of the board of elections of Glynn County to issue the call for an election for the purpose of submit ting said charter or charters to the electors of Glynn County and the City of Brunswick for approval or rejection. No charter shall be submitted if it has not been approved by the Department of Justice. The board of elections of Glynn County shall set the date of such election for a day not less than 30 nor more than 45 days after the issuance of the call. The board of elections of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately pre ceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the following:
'For approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single county-wide government to supersede and replace said governments.
Against approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single county-wide government to supersede and replace said governments.',
or
'For approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the pre sent governments of the City of Brunswick and Glynn County.
Against approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the pre sent governments of the City of Brunswick and Glynn County.'
All persons desiring to vote in favor of said charter or charters shall vote for approval and those persons desiring to vote for rejection of said charter or charters shall vote against approval. The votes cast by the

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electors of the City of Brunswick and the votes cast by the electors of Glynn County as a whole shall be counted separately for the purpose of determining approval or rejection of such charter or charters. If more than one-half of the votes cast by the electors of the City of Brunswick and more than one-half of the votes cast by the electors of Glynn County as a whole are for approval of said charter or charters, then said charter or charters shall become effective as provided in this Act; otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Brunswick and Glynn County."
Section 4. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. In the event the proposed single county-wide govern ment charter is ratified by the electors of Glynn County and the City of Brunswick as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said county-wide government. Upon the elec tion of the members of said county-wide governing authority of said county-wide government and their assuming their duties of office, the ex isting governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charter of said county-wide government."
Section 5. 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.

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

Allgood Barker Bond Brannon Brantley Brown of 47th Bryant Cobb

Coleman Dawkins Fincher Greene Harris Hill Hine Holloway

Horton Huggins Kennedy Kidd Land tester Peevy Perry

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Phillips Reddish Scott of 2nd Scott of 43rd

JOURNAL OF THE SENATE

Starr Tate Thompson Trulock

Turner Tysinger Walker

Those not answering were Senators:

Barnes Bowen Broun of 46th Burton Coggin Coverdell Deal

Dean English Engram Foster Garner Gillis Harrison

Howard Hudgins McGill McKenzie Scott of 36th Stumbaugh Timmons

Senator Greene of the 26th introduced the chaplain of the day, Dr. Eddie D. Smith, Sr., pastor of Macedonia Missionary Baptist Church, Macon, Georgia, who of fered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 450. By Senator Brannon of the 51st: A resolution relative to Georgia's carpet industry.

SR 451. By Senator Garner of the 30th: A resolution commending the Honorable Lamar R. Plunkett.

SR 452. By Senator Garner of the 30th: A resolution commending Coach Roger Kaiser.

SR 453. By Senator English of the 21st: A resolution commending Mr. Porter Wilkins Carswell.

SR 454. By Senators Foster of the 50th, Deal of the 49th, Hill of the 29th and Harris of the 27th:
A resolution expressing regret at the passing of Mr. Sam F. Burke.

SR 455. By Senators Foster of the 50th and Deal of the 49th:
A resolution recognizing and commending the women of the Capitol Press Corps.

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SR 456. By Senator Scott of the 36th:
A resolution providing for recognition of the Atlanta International Marketplace.
SR 457. By Senators Fincher of the 54th, Turner of the 8th, Perry of the 7th and others:
A resolution recognizing and expressing appreciation to Shealy E. McCoy.
SR 458. By Senator Kidd of the 25th:
A resolution relative to The Mayor's Treaty to Stop Drugs at the Source Petition, Treaty and Action campaign expressing gratitude to Chevron U.S.A. Inc. for participation.
SR 459. By Senator Kidd of the 25th:
A resolution relative to The Mayor's Treaty to Stop Drugs at the Source Petition, Treaty and Action campaign expressing gratitude to various participants.
SR 460. By Senator Kidd of the 25th:
A resolution relative to The Mayor's Treaty to Stop Drugs at the Source Petition, Treaty and Action campaign expressing gratitude to Executive Park Amoco for participation.

SENATE RULES CALENDAR

Thursday, February 23, 1984

THIRTY-EIGHTH LEGISLATIVE DAY

SR 431 HB 900 HB 1292 HR 587 HB 1418 HR 749 HB 864 HB 1211

Owen G. Lee Parkway--urge Department of Transportation to des ignate (Trns--6th)
Legislative Service Committee--purchase supplies, materials (SUB STITUTE) (Gov Op--25th)
Low-Voltage Contracting--provide for licensing (AMENDMENT) (I&L--28th)
Rhodes Memorial Hall--State enter into rental agreement (Pub U--33rd)
Submission to Justice Department regarding Voting Rights Act--Attorney General review (Judy--49th)
Special Tax District at Airport--study committee (FS&CA-G --44th)
Boilers, Pressure Vessels--safe construction, installation, inspection (I&L--43rd)
Certain Representative Districts--change composition (Gov Op--10th)

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HB 1358 HR 695 HB 1332 HB 1196 HB 1169 HB 1217 HB 1475 HB 1281 HB 1317 HB 1432 HB 559 HB 1166 HB 1342 HB 1082 HR 444 HB 1168 HR 741 HB 1329 HB 1343 HB 967 HB 1135 HB 1165 HB 464 HB 1181

Insurance--provide for notices of cancellation (AMENDMENT) (Ins--22nd)
Peyton S. Hawes Memorial Bridge--designate (Trns--47th)
Judicial Circuits with Institutions for Carrying Out Death Sen tence--law clerk's compensation (J&CL--17th)
Income Tax--civil penalties for filing frivolous returns (B&F--45th)
Ad Valorem Tax--provide for certain changes carried out by the Constitution (B&F--23rd)
Employees' Health Insurance--include Development Authority em ployees (Gov Op--24th)
Ad Valorem Property Tax--nonprofit homes for mentally handi capped exempt (B&F--48th)
Douglas Judicial Circuit--change terms of court (J&CL--30th)
General Assembly--in exercise of powers, local authority act pursu ant to state policy (FS&CA-G--27th)
North Georgia College Military Scholarships--change number (H Ed--46th)
State Employee Donating Kidneys for Transplant--thirty days leave (Hum R--25th)
Homestead Exemption for 62 Year Olds--once filed not necessary again (B&F--23rd)
Tenant Holding Over--provisions if refusal to deliver possession (Judy--33rd)
Amendment to Constitution and Candidate List--Secretary of State supply audio tapes (Gov Op--25th)
Cities, Counties--referendum for additional redevelopment powers (I&L--19th)
Joint Board of Family Practice--membership (Hum R--33rd)
Ebenezer Church Road in Effingham County--name (Trns--4th)
Drugs Paid for by Medical Assistance Department--sales tax exemp tion (B&F--23rd)
Probate Courts--proceedings when no responses filed (J&CL--45th)
Shoplifter--policeman may arrest without warrant (SUBSTITUTE) (Judy--8th)
Sale of Business Opportunities--additional definitions (SUBSTI TUTE) (I&L--17th)
Board of Registration for Used Motor Vehicle Dismantlers, Salvag ers--composition (Trns--31st)
Insurance--employee welfare benefit plan (AMENDMENT) (Ins--55th)
Medical and Osteopathic Colleges--provide methods of approval (Hum R--26th)

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2249

HB 1123 HB 1077 HB 830 HB 817 HR 644 HB 1026 HB 1569 HB 1054 HB 1493 HB 1344 HB 815 HR 759 HB 1016 HB 1506 HB 1494 HB 1200

Infringement of Registered Trademark--defendant must pay owner (J&CL--16th)
Elections--when pauper's affidavit filed in lieu of qualifying (Gov Op--25th)
Workers' Compensation--"employee" include volunteer policemen (SUBSTITUTE) (I&L--49th)
Elevators, Dumbwaiters, Escalators, Moving Walks, Etc.--regulation (I&L--43rd)
Joint Part-Time State Employment Study Committee--create (I&L--15th)
Lake Lanier Islands Development Authority--property purchased sales tax exempt (B&F--49th)
Agrirama Development Authority--change membership (Ag--24th)
Domicile of Minors--change how determined (C&Y--15th)
Flint Judicial Circuit Superior Court District Attorney, Chief Assis tant District Attorney--salary supplement (Judy--27th)
Petition to Sell Real Property--where notice shall be published (J&CL--45th)
Boards of Education--mandatory procedures for alleged student con duct toward teacher (SUBSTITUTES) (Ed--45th)
Senate 2148 (Long-Term Soil Conservation Program)--urge support for (Ag--24th)
Corporation Income Tax--change manner of computing (AMEND MENT) (B&F--8th)
Certain Inmate Files--confidential state secrets (Off R--30th)
Criminal Defendant Representation by Assistant Attorneys Gen eral--not conflict of interest (J&CL--45th)
Driver's License Suspension--driving under the influence conviction in another state (Pub Saf--28th)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

SR 431. By Senator Reddish of the 6th:
A resolution urging the Department of Transportation to designate the Owen G. Lee Parkway.

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:

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

Fincher Garner Gillis Greene Harris Hill Hine Holloway 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:

Allgood Bowen Brantley Coverdell

Foster Harrison Horton

Howard Hudgins Scott of 36th

On the adoption of the resolution, the yeas were 46, nays 0.

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

The following resolution of the Senate was read and adopted:

SR 461. By Senators Greene of the 26th and Peevy of the 48th: A resolution commending Abigail "Dear Abby" Van Buren.

Senator Greene of the 26th introduced Abigail Van Buren who briefly addressed the Senate.

THURSDAY, FEBRUARY 23, 1984

2251

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substi tute to HB 900:

A BILL
To be entitled an Act to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, so as to provide for the membership of the committee; to provide for alter nate members; to provide for the chairman and secretary of the committee; to provide for meetings; to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of rooms and other areas; to provide for the procurement of supplies, materials, and equipment; to provide for the payment of invoices; to provide for the employment of the legislative fiscal officer and the legislative budget analyst; to provide for the employment and compensation of personnel to assist the legislative counsel, legislative fiscal officer, legislative budget analyst, and the executive director of the Legisla tive Educational Research Council; to amend Code Section 20-7-3 of the Official Code of Georgia Annotated, relating to the executive director and staff of the Legislative Educational Research Council, so as to change the provisions relating to the employment and compensation of the executive director and other personnel; to amend Code Section 45-12-78 of the Offi cial Code of Georgia Annotated, relating to the responsibility of budget unit heads to submit annual budget estimates, so as to change the provisions re lating to budget estimates for the General Assembly; to require a line item budget for certain legislative functions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 28 of the Official Code of Georgia An notated, relating to the Legislative Services Committee, is amended by strik ing subsection (a) of Code Section 28-4-1, relating to the creation, member ship, and meetings of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Legislative Services Committee, hereinaf ter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman of the Appro priations Committee of the Senate, the chairman of the Appropriations

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Committee of the House of Representatives, the chairman of the Judici ary Committee of the Senate, the chairman of the Judiciary Committee of the House of Representatives, the chairman of the Banking and Fi nance Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the majority caucus chairman of the House of Representa tives, the majority leader of the Senate, the majority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The President of the Senate and the Speaker of the House of Representatives shall be authorized to appoint not more than two alternates from the membership of their respective houses. An alternate may serve in the absence of an above-named officer as directed by the President of the Senate in the case of absences of Senate members and as directed by the Speaker of the House of Representatives in the case of absences of House members. In even-numbered years, the Speaker of the House of Representatives shall be chairman of the com mittee, and the Secretary of the Senate shall be secretary of the commit tee. In odd-numbered years, the President of the Senate shall be chair man of the committee, and the Clerk of the House of Representatives shall be secretary of the committee."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 28-4-1, relating to the creation, membership, and meetings of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The committee shall meet on the third Monday of each month under such procedures as shall be adopted by the committee. Additional meetings may be held upon the call of the chairman or upon the call of a majority of the members of the committee. Nine members of the com mittee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact bus iness of the committee. The chairman shall be entitled to vote on all mat ters requiring a vote of the committee."
Section 3. Said chapter is further amended by striking subsection (c) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The committee is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, offices, and other areas which are under the control, authority, and jurisdiction of the committee or which have been assigned jointly to the Senate and House of Representatives; provided, however, that the Senate is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the Senate and that the House of Representatives is authorized to pro vide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the House of Representa tives. Any repair, construction, or renovation by the committee, the Sen-

THURSDAY, FEBRUARY 23, 1984

2253

ate, or the House of Representatives in an amount exceeding $5,000.00 shall be included in the budget document as an object class and shall be accomplished on a competitive bid basis unless such repair, construction, or renovation is accomplished by another state agency. The committee, the Senate, or the House of Representatives shall adopt procedures rela tive to competitive bids. The committee, the Senate, or the House of Representatives may adopt procedures to provide for emergency repairs other than by competitive bids."
Section 4. Said chapter is further amended by striking subsection (d) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof new subsections (d), (e), and (f) to read as follows:
"(d) The committee shall provide for the procurement of supplies, materials, and equipment which are required jointly for the Senate and House of Representatives; provided, however, that the Senate shall pro vide for the procurement of supplies, materials, and equipment for the Senate and that the House of Representatives shall provide for the pro curement of supplies, materials, and equipment for the House of Repre sentatives. Such procurement by the committee, the Senate, or the House of Representatives may be accomplished through a state-wide contract which has been approved by the Department of Administrative Ser vices--Purchasing Division and which was entered into as a result of competitive bids. As often as possible, procurement shall be accomplished through the Department of Administrative Services--Central Supply. All other procurement of supplies, materials, and equipment in an amount exceeding $3,000.00 on any single order shall be accomplished by com petitive bids. The committee, the Senate, and the House of Representa tives shall adopt procedures relative to competitive bids. The committee may adopt procedures to provide for emergency procurement of supplies and materials without competitive bids if a majority of the total member ship of the committee determines that an emergency exists. The Senate or the House of Representatives may adopt procedures to provide for the emergency procurement of supplies and materials without competitive bids. The committee, the Senate, or the House of Representatives may adopt procedures for the emergency repair or replacement of equipment without competitive bids.
(e) The committee shall contract with a licensed certified public ac countant or certified public accounting firm to conduct annually in accor dance with accepted accounting principles a financial audit of legislative funds and expenditures. Such audit shall detail the expenditures of the legislative branch according to the following functions: Lieutenant Gov ernor, Secretary of the Senate, Senate, Speaker of the House, Clerk of the House, House of Representatives, Office of Legislative Counsel, Leg islative Budget Office, Legislative Fiscal Office, and Legislative Educa tional Research Council.
(f) At least once every five years, the committee shall have per formed a management audit of the financial practices and operations of the legislative branch of government. Each year the state auditor shall conduct a performance audit of at least one of the legislative functions listed in subsection (e) of this Code section."

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Section 5. Said chapter is further amended by adding after subsection (a) of Code Section 28-4-6, relating to the legislative fiscal officer and the legislative budget analyst, a new subsection to be designated as subsection (a.l) to read as follows:
"(a.l) The legislative fiscal officer is authorized on behalf of the leg islative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval of the committee. All in voices shall contain in detail a description of the work performed, materi als used or purchased and any other information pertinent to the obliga tion. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee and evidence of deliv ery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the com mittee on a monthly basis."
Section 6. Said chapter is further amended by adding at the end of Code Section 28-4-6, relating to the legislative fiscal officer and the legisla tive budget analyst, a new subsection to be designated as subsection (c) to read as follows:
"(c) A majority vote of the total membership of the Legislative Ser vices Committee shall be necessary to employ the legislative fiscal officer and the legislative budget analyst. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected."
Section 7. Said chapter is further amended by striking Code Section 28-4-7 in its entirety and inserting in lieu thereof a new Code Section 28-4-7 to read as follows:
"28-4-7. (a) Personnel to assist the legislative counsel, the legislative fiscal officer, the legislative budget analyst, and the executive director of the Legislative Educational Research Council shall be employed upon a majority vote of the members of the committee. Such personnel shall be subject to the supervision of the respective three officials with reference to the duties of their employment.
(b) The legislative counsel, the legislative fiscal officer, the legisla tive budget analyst, the executive director of the Legislative Educational Research Council, and such personnel shall receive such compensation as approved by a majority vote of the members of the committee.
(c) The committee shall provide office space for such officials and personnel; and they shall be furnished with supplies, materials, furniture, furnishings, books, equipment, and services."
Section 8. Code Section 20-7-3 of the Official Code of Georgia Anno tated, relating to the executive director and staff of the Legislative Educa tional Research Council, is amended by striking in its entirety subsection (b), which reads as follows:
"(b) The council is authorized to employ an executive director and

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2255

such other personnel as may be necessary to carry out the duties of the council. The executive director and other employees of the council shall be under the Employees' Retirement System, but only secretarial and clerical employees shall be under the State Merit System of Personnel Administration.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The council shall have an executive director and such other personnel as may be necessary to carry out the duties of the council as determined by the Legislative Services Committee pursuant to Code Sec tion 28-4-7. The executive director and other employees of the council shall be under the Employees' Retirement System, but only secretarial and clerical employees shall be under the State Merit System of Person nel Administration. The compensation of the executive director and any other personnel of the council shall be determined pursuant to the provi sions of Code Section 28-4-7."
Section 9. Code Section 45-12-78 of the Official Code of Georgia An notated, relating to the responsibility of budget unit heads to submit annual budget estimates, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legisla tive officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state audi tor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if re quested. Beginning July 1, 1985, the General Assembly shall include in the budget document for the legislative branch of government a line item budget for each of the following legislative functions: Lieutenant Gover nor, Secretary of the Senate, Senate, Speaker of the House, Clerk of the House, House of Representatives, Office of Legislative Counsel, Legisla tive Budget Office, Legislative Fiscal Office, and Legislative Educational Research Council."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Horton of the 17th offered the following amendment:

Amend the substitute to HB 900 offered by the Senate Committee on Governmental Operations by adding a new Section 10 to read as follows:

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"The committee shall submit to the members of the General Assem bly in January of each year a written report of its activities and decisions of the previous year. The report shall include separate, itemized state ments of expenditures for the Georgia House of Representatives and Georgia Senate."
and
by renumbering Sections 10 and 11 as Sections 11 and 12.

On the adoption of the amendment, the yeas were 40, 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 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 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 Bowen and Greene.

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

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2257

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

Senator Gillis of the 20th assumed the Chair at the direction of the President.

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.
Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Industry and Labor offered the following amendment:

Amend HB 1292 by striking lines 29 through 34 of Page 15.
By striking lines 24 through 26 of Page 16 and inserting in their place the following:
"(b) This chapter shall not apply to public utility corporations oper ating under the supervision of the Georgia Public Service Commission."

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins

Deal Dean English Engram Fincher Foster Harris Harrison Hill Hine Horton Howard Hudgins

Huggins Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh

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JOURNAL OF THE SENATE

Tate
Thompson Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Allgood Brantley Coleman Garner

Gillis (presiding) Greene Holloway

Kennedy Kidd Starr

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

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 Speaker has appointed on the part of the House:

Representatives McDonald of the 12th, Phillips of the 120th and Burruss of the 20th.

The following general resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

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-

THURSDAY, FEBRUARY 23, 1984

2259

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.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd

Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman Gillis (presiding) Hudgins

Land McKenzie

Stumbaugh Thompson

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

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JOURNAL OF THE SENATE

HB 1418. By Representative Bishop of the 94th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and munici pal corporations, so as to provide that a copy of any submission made by a county or municipality to the United States Department of Justice pursuant to Section 5 of the Federal Voting Rights Act of 1965 shall be transmitted to the Attorney General.
Senate Sponsor: Senator Deal of the 49th.

Senator Kidd of the 25th offered the following substitute to HB 1418:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that a copy of any submission made by a county, municipality, or local board of education to the United States Department of Justice pursuant to Section 5 of the federal Voting Rights Act of 1965 shall be transmitted to the Attorney General; to authorize the Attorney General to review and comment on the adequacy of such submission and to assist the county, municipality, or local board of education in making such submission; 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. Chapter 60 of Title 36 of the Official Code of Georgia An notated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code Section 36-60-11 to read as follows:
"36-60-11. (a) Whenever any county, municipality, or local board of education of this state takes any action which must be submitted for re view to the United States Department of Justice pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C., Section 1973c., a copy of such submission shall be transmitted to the Attorney General.
(b) Whenever any county, municipality, or local board of education is required to submit a local Act of the General Assembly to the United States Department of Justice for review pursuant to Section 5 of the fed eral Voting Rights Act of 1965, as amended, 42 U.S.C., Section 1973c., a copy of such submission shall be submitted to the Attorney General.
(c) The Attorney General shall be authorized to review and com ment to the county, municipality, or local board of education on the ade quacy of a submission received by that officer pursuant to subsection (a) or (b) of this Code section. The Attorney General shall be further au thorized to assist any county, municipality, or local board of education in the preparation of a submission to the United States Department of Justice."

THURSDAY, FEBRUARY 23, 1984

2261

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Dawkins Deal Dean English

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land 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:

Bowen Coverdell Engram

Fincher Howard

Lester 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.

Senator Kennedy of the 4th introduced the doctor of the day, Dr. Curtis G. Hames, of Claxton, Georgia.

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1045 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1045.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Holloway of the 12th and Kennedy of the 4th.

The following bill of the Senate was taken up for the purpose of considering the House amendnunt thereto:

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 House amendment was as follows:

Amend SB 343 by adding on line 4 of Page 1 after the word and sym bol "part'" the words and symbols "and the term 'salvage motor vehicle'."
By striking from line 21 of Page 1 the following:
"or frame section".
By adding between lines 23 and 24 of Page 1 the following:
"Section 2. Said Code section is further amended by striking subparagraph (A) of paragraph (12) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows:

THURSDAY, FEBRUARY 23, 1984

2263

'(A) Has been damaged to the extent that its restoration to an oper able condition would require the replacement of two or more major com ponent parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such dam age or repair;'".
By striking from line 24 of Page 1 the number "2" and inserting in lieu thereof the number "3".

Senator Cobb of the 28th moved that the Senate agree to the House amendment to SB 343.

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 Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Kennedy 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 Timmons Trulock Turner Tysinger Walker

Engram Fincher

Howard

Huggins

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 343.

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The following general resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 749. By Representatives Bailey, Lee and Benefield of the 72nd and others:
A resolution creating a Joint Committee to Study the Feasibility of Estab lishing a Special Tax District at Atlanta Hartsfield International Airport to Provide Tax Relief to Taxpayers Residing in Surrounding Areas.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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 Coggin Coleman Coverdell Dawkins Deal

English Foster Garner Harris Harrison Hine Horton Hudgins Huggins Kennedy Land 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 not voting were Senators:

Broun of 46th Cobb Dean Engram

Fincher Gillis Greene Hill

Holloway Howard Kidd Starr

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 23, 1984

2265

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.
Senate Sponsor: Senator Scott of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of 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 Deal Dean English Engram

Fincher Foster Garner Greene Harris Harrison Hill Hine Holloway Horton 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 Tysinger Walker

Those not voting were Senators:

Broun of 46th Coggin Dawkins

Gillis Howard

Huggins Turner

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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The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:
Amend SB 449 by striking from Section 1 on line 17 of Page 1 the words "another state", and inserting in lieu thereof the words:
"one or more other states for a period of two years immediately prior to moving to this state".
By striking from Section 1 on line 22 of Page 1 the words "of six by December 31" and inserting in lieu thereof the words:
"of five for kindergarten or six for first grade by December 31".
Senator Garner of the 30th moved that the Senate agree to the House amendment to SB 449.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner 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 Walker

THURSDAY, FEBRUARY 23, 1984

2267

Those not voting were Senators:

Barker Bond Brantley

Bryant Gillis Greene

Howard Turner Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 449.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Trulock of the 10th.
Senator Trulock of the 10th offered the following amendment:
Amend HB 1211 by striking from line 13 of Page 1 the following:
"No. 144 and 145",
and inserting in lieu thereof the following:
"No. 28, 34, 144, and 145".
By adding between lines 14 and 15 of Page 1 the following:
" 'District No. 28--1 Representative
Fulton Tract 76.02 Blocks 306 and 309 Tracts 77.01 and 77.02 Tract 80 Blocks 401, 402, and 404 through 410 Blocks 501 through 509 Tract 103 Block Group 1 Blocks 211, 212, 214, 311 through 314, 316 through 321, and 323 Block Groups 4 through 8 Tract 105.05 Block Groups 1 and 9 Tract 113.02 Blocks 312, 401 through 405, 415, 420 through 438, and 501'

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'District No. 34--I Representative
Fulton Tracts 60 through 62, 66.01, 66.02, and 76.01 Tract 76.02 Block Groups 1 and 2 Blocks 301 through 304, 308, 310, and 311 Tract 80 Block Groups 1, 2, and 3 Block 403 Block 510 Block Group 6 Tract 81.01'"

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Timmons Trulock Walker

Those not voting were Senators:

Barker Coleman Howard

Starr Thompson

Turner Tysinger

On the passage of the bill, the yeas were 49, nays 0.

THURSDAY, FEBRUARY 23, 1984

2269

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 278. By Senator Scott of the 43rd:
A resolution creating a Joint Urban County and Municipal Study Committee.

The House substitute to SR 278 was as follows:

A RESOLUTION
Creating a Joint Urban County and Municipal Study Committee; and for other purposes.
WHEREAS, under the provisions of the Constitution of the State of Georgia, counties are granted self-executing authority to provide the full range of municipal type services which historically have been provided by municipal governments in Georgia; and
WHEREAS, because of the population growth and rapid urbanization of our state's metropolitan counties and limitations on the expansion of mu nicipal boundaries, a number of such counties provide municipal services to their unincorporated areas which have, in fact, become municipal in charac ter; and
WHEREAS, the provision of such municipal services by counties has, in some areas of our state, blurred the traditional distinction, between cities and counties and has led to conflict, duplication, fragmentation, and dispari ties in financing the provision of municipal type services; and
WHEREAS, there is a compelling need to study and sort out the roles, functions, relationships, and powers of Georgia's urban counties and of their counterpart municipal governments, and to explore alternative methods of intergovernmental cooperation and organization that may increase and en hance local government efficiency and effectiveness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the Joint Urban County and Municipal Study Committee to be composed of 16 members. Eight members shall be appointed by the President of the Senate, and eight members shall appointed by the Speaker of the House. Of the eight members appointed by the president of the Senate, no more than four shall be members of the Senate, at least two shall be mayors of municipalities, and at least one shall be a chairman of a county board of commissioners. Of the eight members appointed by the Speaker of the House, no more than four shall be members of the House of Representatives, at least two shall be chairmen of county

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JOURNAL OF THE SENATE

boards of commissioners, and at least one shall be a mayor of a municipal ity. The President of the Senate and the Speaker of the House shall each designate a cochairman of the committee at the time of appointing the membership of the committee. The committee shall conduct a comprehen sive study of the legal basis, rules, functions, power, and financing of Geor gia's urban counties and of the municipal governments located within such counties, and may consider alternative methods of intergovernmental coop eration and organization which would increase and enhance government effi ciency and effectiveness. The committee may seek the cooperation and assis tance of the Carl Vinson Institute of Government of the University of Georgia in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the committee. Members of the committee who are not members of the General Assembly shall not be compensated or reimbursed for expenses from state funds for service on the committee. The members of the committee shall be authorized to meet for not more than ten days to carry out their duties under this resolution.
BE IT FURTHER RESOLVED that the committee will make a report of its findings and recommendations to the Governor and to the General Assembly by not later than the date the General Assembly convenes in reg ular session in January, 1985, and on that date the committee shall stand abolished.

Senator Scott of the 43rd moved that the Senate agree to the House substitute to SR 278.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Tysinger Walker

THURSDAY, FEBRUARY 23, 1984

2271

Those not voting were Senators:

Barker Barnes Bowen

Greene Howard Reddish

Trulock Turner

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 278.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 1236 was as follows:
The Committee of Conference on HB 1236 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1236 be adopted.
Respectfully submitted,

FOR THE SENATE:
J. Nathan Deal Senator, 49th District
/s/ John C. Foster Senator, 50th District
/s/ W. W. Fincher, Jr. Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Cooper Representative, 20th District
/s/ William A. Atkins Representative, 21st District
/s/ Bobby E. Parham Representative, 105th District

Conference Committee substitute to HB 1236:

A BILL
To be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions regarding the registration of pharmacists; to

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JOURNAL OF THE SENATE

change the validity of pharmacy intern licenses; to change certain definitions relating to third-party prescription programs; to change certain provisions relating to reimbursements and penalties under those programs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 26 of the Official Code of Georgia An notated, relating to pharmacists and pharmacies, is amended by striking Code Section 26-4-76, relating to biennial registration of pharmacists, and inserting in its place a new Code section to read as follows:
"26-4-76. (a) Every person who shall be duly licensed as a pharma cist under this part shall biennially, before engaging in any business under such license, register at the office of the joint-secretary. The regis tration shall be entered in a book to be kept for that purpose by the jointsecretary and shall show the registrant's name, nationality and creden tials, and date thereof under which he is entitled to engage in such pro fession at the time of filing such registration; and a certificate of registra tion stating the terms of the same shall be given him by the jointsecretary. The registration shall show the name and address of the regis trant's employer, or, if he is the owner or proprietor of a drug store or pharmacy, it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the jointsecretary within ten days after such change. Each registrant shall pay a registration fee in an amount established by the board to the joint-secre tary. Any violation of this Code section shall be grounds for revocation or suspension of license.
(b) The board shall establish a program for the certification of phar macists who elect to participate in prescribed courses of continuing edu cation and who meet the minimum qualifications for such certification established by the board. No renewal certificate of continuing education certification shall be issued by the board or the joint-secretary until the applicant submits to the board satisfactory proof of his participation, during the calendar year preceding the year of his application for re newal, in not less than the required minimum number of hours of ap proved programs of continuing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical ed ucation shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons prac ticing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional orga nizations, or qualified individuals for the providing of approved programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe stan dards, approve and contract for educational programs, and set the re quired minimum number of hours per year.
(c) If the renewal fee for any pharmacist's continued education cer tificate shall remain unpaid as of the penalty date established by the joint-secretary, the holder thereof may be reinstated as a continued edu-

THURSDAY, FEBRUARY 23, 1984

2273

cation certified registered pharmacist only upon the payment of a penalty fee in an amount established by the board and all lapsed fees and upon proof of compliance with this Code section and all other provisions of this chapter, which proof shall be satisfactory to the board. Actual retirement from the profession by any registered pharmacist for a period not exceed ing five years shall not deprive him from the right to renew his certifica tion upon the payment of all lapsed fees, the completion of the minimum required number of hours of continuing professional pharmaceutical edu cation for each calendar year of retirement, and upon proof of compli ance with this chapter."
Section 2. Said chapter is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in its place the follow ing new Code section:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 3. Said chapter is further amended by striking paragraph (7) of Code Section 26-4-142, relating to third-party prescription programs, which reads as follows:
"(7) 'Prevailing rate' means the average wholesale price of the phar maceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this part exceed the eighty-fifth percentile of the retail prices charged by all phar macies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less.",
and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Prevailing rate' means the usual, customary, and reasonable price of the pharmaceutical during the applicable period, provided that in no event shall an administrator be required to reimburse a pharmacy under this part in excess of the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same pharmaceutical dur ing such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same pharmaceuti cal during such period of time, whichever is less."
Section 4. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 26-4-144, relating to third-party prescrip tion program requirements generally, and inserting in its place a new para graph to read as follows:

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"(4) That reimbursement rates for a pharmaceutical shall not be less than the prevailing rates therefor paid by consumers who are not enrollees;".
Section 5. Said chapter is further amended by striking Code Section 26-4-145, relating to maximum claims for payment under third-party pre scription programs, and inserting in its place a new Code section to read as follows:
"26-4-145. A participating pharmacy shall not be required to be re imbursed for a pharmaceutical under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals."
Section 6. Said chapter is further amended by striking subsection (b) of Code Section 26-4-148, relating to penalties under third-party prescrip tion programs, and inserting in its place a new subsection to read as follows:
"(b) Any person, corporation, or business entity which violates any provision of this part shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this part if the violation was know ing and willful."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senator Fincher of the 54th moved that the Senate adopt the Conference Commit tee report on HB 1236.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Hudgins

Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate

THURSDAY, FEBRUARY 23, 1984

2275

Thompson Timmons

Turner

Walker

Those not voting were Senators:

Bowen
Greene Howard

Reddish Stumbaugh

Trulock Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1236.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
Senator Scott of the 43rd moved that the Senate agree to the House substitute to SB 361.
Senator Engram of the 34th moved that the House substitute to SB 361 be printed.
On the motion offered by Senator Engram of the 34th, the yeas were 33, nays 0; the motion prevailed, and the House substitute to SB 361 was ordered printed, and the action on the motion offered by Senator Scott of the 43rd was postponed subject to the printing.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

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The House substitute to SB 446 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and elec tors, so as to place a limitation on such annexation by certain municipalities; to provide for definitions in connection therewith; to provide for other mat ters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursu ant to application of 60 percent of landowners and electors, is amended by adding immediately following Code Section 36-36-22 a new Code Section 36-36-22.1 to read as follows:
"36-36-22.1. (a) As used in the Code section, the term:
(1) 'Assessed valuation of property per pupil in average daily attend ance' means the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equal ized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which:
(A) Has within its corporate boundaries an independent school sys tem with an average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such cal culations being based on the time of the adoption of an annexing ordi nance by the municipality as provided in Code Section 36-36-27.
(5) 'Residential property' means improved property used exclusively

THURSDAY, FEBRUARY 23, 1984

2277

for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings.
(b) Any other provisions of this article to the contrary notwithstand ing, except as otherwise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pur suant to the authority of this article shall not decrease the equalized ad justed school property tax digest of the county school system of the county wherein the municipality is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net in crease in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pur suant to the authority of this article at any time during the immediately following calendar year.
(c) If the value of the total territory actually annexed by a munici pality during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsec tion (b) of this Code section during that calendar year, then for the im mediately following calendar year only, the limitation otherwise applica ble under subsection (b) of this Code section shall be increased by the difference between the value of the property which could have been an nexed and the value of the property actually annexed during the calendar year."
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 Harrison of the 37th moved that the Senate agree to the House substitute to SB 446.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

English Engram Fincher Foster Garner Gillis Greene Harris

2278

JOURNAL OF THE SENATE

Harrison Hill Hine "olloway HHoowrtoanrd Huggins Kennedy Kidd

Land Lester McGill McKenzie _P, eevv Perrv Phillips Scott of 2nd

Scott of 36th Scott of 43rd Stumbaugh Tate _T.immons Trulock Turner Walker

Those not voting were Senators:

Bowen Dean Hudgins

Reddish Starr

Thompson Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 446.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Allgood of the 22nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Deal English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway

THURSDAY, FEBRUARY 23, 1984

2279

Horlon Howard Hudgins Huggins Kennedy Kidd Land Lcsler

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowcn Brannon

Dean Tale

Thompson

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 bill of the Senate:

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.

The House has disagreed to the Senate substitute to 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.

2280

JOURNAL OF THE SENATE

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House.

HB 901. By Representatives Murphy of the 18th, Burruss and Wilson 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.

The Speaker has appointed on the part of the House:

Representatives Kilgore of the 42nd, Burruss and Wilson of the 20th.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 695. By Representative Yeargin of the 14th:
A resolution designating the bridge on Georgia Highway 72 which spans Russell Lake and the Savannah River Basin as the Peyton S. Hawes Memo rial Bridge.
Senate Sponsor: Senator Brown of the 47th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Gillis Harris Harrison Hine

Holloway Howard Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy Perry

THURSDAY, FEBRUARY 23, 1984

2281

Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Timmons

Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen English

Greene Hill Horton

Tate Thompson

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 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 House amendment was as follows:

Amend SB 432 by inserting on line 6 of Page 2 between "fine" and "." the following:
"at the time the defendant appears to abide the final judgment or sentence".
By striking from line 31 of Page 2 the following:
"section",
and inserting in its place the following:
"subsection".

Senator Coggin of the 35th moved that the Senate agree to the House amendment to SB 432.

On the motion, a roll call was taken, and the vote was as follows:

2282

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean

English Engram Fincher Foster Gillis Harris Hine Holloway Howard Hudgins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Timmons Trulock Turner Tysinger

Those not voting were Senators:

Bowen Brantley Dawkins Garner Greene

Harrison Hill Horton Huggins

Scott of 36th Tate Thompson Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 432.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Horton of the 12th.
Senators Deal of the 49th and Dawkins of the 45th offered the following substitute to HB 1332:
A BILL
To be entitled an Act to revise certain statutes pertaining to the death penalty and practices and procedures relating to the death penalty; 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 compensation for

THURSDAY, FEBRUARY 23, 1984

2283

such law clerks; to provide qualifications for the position of law clerk; 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; to provide procedure; to pro vide for other matters relative thereto; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-28.1 of the Official Code of Georgia An notated, relating to law clerks for judicial circuits having institutions for carrying out death sentences, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 15-6-28.1 to read as follows:
"15-6-28.1. (a) As used in this Code section, the term:
(1) 'Chief judge' means the judge of the superior courts of a judicial circuit or, in those judicial circuits having more than one judge, the judge of the superior courts with the longest period of service.
(2) 'Judicial circuit' means any judicial circuit of this state wherein there is an institution of the state designated by the Department of Of fender Rehabilitation for carrying out the death sentence.
(b) (1) The chief judge of each judicial circuit is authorized to em ploy a law clerk whose primary duty shall be to assist the court in han dling appeals made by individuals awaiting execution. The law clerk shall have such additional duties as may be prescribed by the chief judge. To be eligible for the position as law clerk, a person must be an active mem ber of the State Bar of Georgia or eligible to take the State Bar exami nation. The law clerk employed by the chief judge shall be an employee of the judicial branch of the state government and in the unclassified service of the State Merit System of Personnel Administration, shall pos sess such additional qualifications as shall be determined by the chief judge, and shall serve at the pleasure of the chief judge.
(2) An amount not to exceed $18,500.00 per year for the salary of the law clerk shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1984, the salary amount provided by this paragraph shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration, provided that funds are appropriated to fund such in crease. Each county within the judicial circuit is authorized to supple ment the salary of the law clerk.
(c) The chief judge of a judicial circuit employing a law clerk pursu ant to subsection (b) of this Code section shall notify the director of the Fiscal Division of the Department of Administrative Services of the name and salary of the law clerk at least 15 days prior to the effective date of the employment of the law clerk. It shall also be the duty of the chief judge to notify the director of the Fiscal Division of the Depart ment of Administrative Services of any change in the status or salary of

2284

JOURNAL OF THE SENATE

the law clerk. The chief judge shall be authorized to designate the county of the judicial circuit wherein such law clerk shall maintain his office and carry out his duties; and the governing authority of the county so desig nated shall provide suitable space for the law clerk.
(d) The chief judge of a judicial circuit employing a law clerk as provided in subsection (b) of this Code section may purchase such sup plies and equipment as may be necessary to enable the law clerk to carry out his duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise made available for the operation of the superior courts."
Section 2. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-38, relating to carrying out of death sentences, and inserting in lieu thereof a new Code Section 17-10-38 to read as follows:
"17-10-38. (a) (1) All persons who have been convicted of a capital offense and have had imposed upon them prior to July 1, 1984, a sen tence of death shall suffer such punishment by electrocution.
(2) In all cases in which the defendant is sentenced to be electro cuted, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Offender Rehabili tation for electrocution at a state correctional institution designated by the department.
(b) Any person who, after July 1, 1984, is convicted of an offense for which the death penalty may be imposed and who has had imposed upon him a sentence of death shall suffer such punishment, at his option, by either electrocution or continuous, intravenous administration of a le thal quantity of an ultrashortacting barbiturate in combination with a chemical paralytic agent until death is pronounced by a licensed physi cian according to accepted standards of medical practice. Immediately upon the imposition of the sentence of death, the defendant shall specify to the court the mode of punishment as provided in this paragraph which the defendant requests to be used if the execution is carried out. The preference made by the defendant shall be accepted and included in the sentence of the court and shall be irrevocable. In the absence of any pref erence by the defendant of the mode of punishment, such punishment shall be carried out by lethal injection as provided in this paragraph."
Section 3. Said article is further amended by striking in its entirety Code Section 17-10-41, relating to persons present at executions, and in serting in lieu thereof a new Code Section 17-10-41 to read as follows:
"17-10-41. (a) There shall be present at the execution by electrocu tion of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, who shall serve as execu tioner, at least two assistants, two physicians to determine when death supervenes, an electrician, a suitable guard, and, if the convicted person so desires, his counsel, relatives, and such clergymen and friends as he may desire.

THURSDAY, FEBRUARY 23, 1984

2285

(b) There shall be present at the execution by lethal injection of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof who shall supervise the executioner, the executioner or executioners appointed by the superintendent or dep uty superintendent of the correctional institution, two physicians to deter mine when death supervenes, a suitable guard, and, if the convicted per son so desires, his counsel, relatives, and such clergymen and friends as he may desire."
Section 4. Said article is further amended by striking in its entirety Code Section 17-10-44, relating to the death chamber, and inserting in lieu thereof a new Code Section 17-10-44 to read as follows:
"17-10-44. The Department of Offender Rehabilitation shall provide a death chamber and all necessary apparatus, machinery, and appliances for inflicting the penalty of death by electrocution or lethal injection."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th asked unanimous consent to withdraw the substitute to HB 1332 offered by Senators Deal of the 49th and Dawkins of the 45th; the consent was granted, and the substitute was withdrawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of 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
SBTMroun %of 46thu BBrroywannt of 47th B ur t on C 0 bb Coggin Coverdell Deal Dean

English Engram Fincher Gillis Greene
Hine
,",orto" J Howard Huggins Kennedy Land Lester McGill

Peevy Perry Phillips
Scott of 2nd Scott of 36th
SSctuomtt boafug4h3rd _Tate e Thompson Timmons Trulock Turner Tysinger Walker

2286

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen CDoalwemkinans Poster Garner

Harris Harrison Hill Hudgins

Kidd McKenzie Reddish Starr

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1196. By Representatives Kilgore of the 42nd, Crosby of the 150th and Williams of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and furnishing of information for purposes of income taxation, so as to provide civil penalties for filing frivo lous income tax returns.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Co'eman Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Greene Harris Harrison Holloway Horton Howard Huggins Kennedy Land Lester McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Foster

Garner

THURSDAY, FEBRUARY 23, 1984

2287

Hill

Hudgins

Reddish

Hine

Kidd

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Lester of the 23rd moved that the Senate adhere to the Senate substitute to HB 901 and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 901.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lester of the 23rd, Broun of the 46th and Perry of the 7th.

The following bill of the Senate, having been postponed previously today subject to the printing of the House substitute thereto, was taken up for the purpose of consider ing the House substitute thereto:

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.

2288

JOURNAL OF THE SENATE

The House substitute to SB 361 was as follows:

A BILL
To be entitled an Act to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to filing a claim for compensation with the State Board of Workers' Compensation, so as to provide for the auto matic dismissal of applications for hearings if no hearing is scheduled for a period of five years; to provide for applicability; to amend Code Section 349-52 of the Official Code of Georgia Annotated, relating to compensation of board members, so as to provide for the compensation of the members of the State Board of Workers' Compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end of said Code sec tion a new subsection (d) to read as follows:
"(d) On or after July 1, 1984, any application for hearing filed with the board pursuant to this Code section for which no hearing is con ducted for a period of five years shall automatically stand dismissed."
Section 2. Code Section 34-9-52 of the Official Code of Georgia An notated, relating to compensation of board members, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board shall be as pro vided by law. The chairman of the board shall be compensated in the amount of $53,860.00 per annum. The other two members of the board shall each be compensated in the amount of $51,810.00 per annum."
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 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Edwin G. Mullinax, Chairman

House Industrial Relations Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

THURSDAY, FEBRUARY 23, 1984

2289

DATE:

February 16, 1984

SUBJECT: Fiscal Note--Senate Bill 361 Committee Substitute (LC 3 1892S) Workers Compensation--Dismissal of Hearings and Salaries of Board Members

This Bill would provide that any application for a hearing filed with the board for which no hearing is conducted for a period of five years shall automatically stand dismissed. The Bill also changes the method of estab lishing the salaries of the board members of the State Board of Workers
Compensation. The Bill provides that the Chairman of the board would re ceive 90% of the salary of a justice of the Supreme Court and the other two members of the board would receive 85% of the salary of a justice of the
Supreme Court.

The fiscal impact of the Bill's first provision (five-year limitation), as determined by the State Board of Workers Compensation, would be mini mal. Some savings would be realized from not having to keep cases active and by allowing for the more efficient purging and processing of files.

The fiscal impact of the Bill's second provision (salaries of board mem bers) will be dependent on the salary figure used. Justices of the Supreme Court currently earn $57,681. This would be increased to $63,700 if House Bill 1024 as it passed the House and Senate during the 1984 session is en acted. The following table shows the salaries for the members of the State Board of Workers Compensation as they exist currently, would exist based on current salaries for justices, and would exist based on the increased sala ries of justices.

SALARY BASED

ON CURRENT

CURRENT SALARY OF

SALARY

JUSTICES

SALARY BASED ON JUSTICE'S
SALARY PER HB 1024

Chairman Member Member
Total
Plus: fringe benefits
Total Cost

$ 53,892 47,100 47,100
$148,092
$ 47,315 $195,407

$ 51,913 49,029 49,029
$149,971
$ 47,916 $197,887

$ 57,330 54,145 54,145
$165,620
$ 52.916 $218,536

Increase based on current salary of justices - $2,480 annually Increase based on House Bill 1024 - $23,129 annually

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

2290

JOURNAL OF THE SENATE

Senator Scott of the 43rd moved that the Senate disagree to the House substitute to SB 361.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 361.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 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 insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Phillips of the 125th, Dobbs of the 74th and Waldrep of the 80th.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1688. By Representative Adams of the 36th:
A bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act," so as to provide that the bonds required pursu ant to Code Section 13-10-1 of the O.C.G.A. shall be deemed provided as to

THURSDAY, FEBRUARY 23, 1984

2291

any contract for the provision of professional services by the furnishing of a certificate of a professional liability insurance policy in lieu of such bonds.

The House has disagreed to the Senate substitute to the following bill of the House:

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.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsors: Senators Lester of the 23rd and 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 Brantley Broun of 46th BBruorwtonn of 47th
CCoogbgbin Coverdell Dawkins Deal Dean English

Engram Fincher Gillis Greene Harris Hine Holloway HHoorwtoanrd
KHeungngeindsy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr <S,t, umb, augh,
iT^hotempson Timmons Trulock Turner Tysinger Walker

2292

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Bryant Coleman

Foster Garner Harrison

Hill Hudgins Reddish

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Coleman of the 1st moved that the Senate insist upon the Senate substi tute to HB 1373.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1373.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator McGill of the 24th.

THURSDAY, FEBRUARY 23, 1984

2293

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 Henry L. Reaves, Chairman

Agriculture and Consumer Affairs Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 25, 1984

SUBJECT: Fiscal Note--House Bill 1217 (LC 9 3683) State Employee Health Insurance for Georgia Development Authority Employees

This Bill would authorize the State Personnel Board to contract with the Georgia Development Authority to provide health insurance to the em ployees and retiring employees of the Authority and their spouses and de pendent children. The board would be authorized to include such employees in any health insurance plan or plans established by the board. The Georgia Development Authority would be required to pay the same contribution rate paid by other state departments with employees under these health insur ance plans.

This Bill would have no fiscal impact on the state. Since the Georgia Development Authority does not receive any state funds, employer contribu tions would not affect the state's budget.

/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 Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Cobb Coggin Coverdell Dawkins

Deal Dean English Engrain Fincher Foster

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JOURNAL OF THE SENATE

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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker
Brannon Bryant

Coleman
Garner Gillis

Harrison Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Peevy of the 48th.

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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1984

SUBJECT: Fiscal Note--House Bill 1475 (LC 9 3736)

THURSDAY, FEBRUARY 23, 1984

2295

Ad Valorem Tax Exemption--Homes for Mentally Handicapped
This Bill would, if approved in a referendum at the November, 1984 general election, provide that all property of any nonprofit home for the mentally handicapped used in connection with its operation would be ex empt from ad valorem taxation. The exemption would apply when the home has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code of 1954, as amended and is subject to the laws of this state regulating nonprofit and charitable organizations. This exemption would not apply to property held primarily for investment purposes or used for purposes unrelated to the pro viding of residential or health care to the mentally handicapped.
The fiscal impact of this Bill cannot be accurately estimated because the property value of homes which would qualify for the exemption cannot be readily determined. The Department of Revenue has stated that if the property which qualifies for the tax exemption has a market value of less than $10 million and based on a 40% tax assessment rate, the State Tax revenue would be reduced by less than $1,000. The State receives $.25 per $1,000 of assessed value.
It should be noted that this Bill does not define mentally handicapped which could affect which homes would qualify for the exemption.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Kidd of the 25th offered the following amendment:

Amend HB 1475 by adding a new Section 4 to read as follows:
"Section 4. Code Section 48-5-41 (5) is hereby amended by adding after 48-5-41 (5) (B) (iii) a new Section (c) to read as follows:
(c) A hospital as described in this paragraph shall be conclusively presumed to meet the exemption provided in this paragraph if it is ac credited by the Joint Commission on Accreditation of Hospitals and is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501 (c) (3), as amended."
and amending further by renumbering Section "4" Section "5", and amend ing further the title by adding after "applicability;" on line 7, Page 1 the following:
"to provide for conclusive presumption of exemption of nonprofit hospital;".

On the adoption of the amendment, the yeas were 41, nays 2, 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, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Greene 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 Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman

Garner Gillis Harris

Harrison Hudgins Thompson

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 1281. By Representatives Kilgore of the 42nd, Watts of the 41st and Johnson of the 70th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, as amended by HB 1156 from the 1984 session of the General Assembly of Georgia, so as to change the terms of court of the Douglas Judicial Circuit.
Senate Sponsors: Senators Garner of the 30th and Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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2297

On 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
Bryant Burton
Cobb Coggin
Coverdell Dawkins Deal Dean English
Engram Fincher

Foster Garner Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon

Coleman Gillis

Reddish Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1432. By Representatives Logan of the 67th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia Col lege military scholarships, so as to change the number of persons who shall be selected as scholarship recipients.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the 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 Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison
Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

Brannon Dawkins

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Hudgins of the 15th moved that the Senate insist upon the Senate substi tute to HB 602.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 602.

THURSDAY, FEBRUARY 23, 1984

2299

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.

Senator Greene of the 26th moved that the Senate insist upon the Senate substi tute to HB 949.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 949.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 559 by adding at the end of Section 1 on line 25 of Page 1, following the sentence ending with the word "benefits" and preceding the quotation mark, a new sentence to read as follows:
"The employee shall not be entitled to such leave of absence with pay unless he furnishes to his supervisor or other proper authority a statement from a medical practitioner who is to perform such transplan tation procedure or from a hospital administrator that the employee is making a kidney donation as provided in this Code section. If such dona tion does not occur, the provisions of this Code section shall not be applicable."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 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:

Bowen Brannon

Garner

Howard

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
Senate Sponsor: Senator Lester of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 23, 1984

2301

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Gillis Greene Harris 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 Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Broun of 46th

Fincher Garner Harrison

Hill Peevy Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was read the first time and referred to committee:

HB 1688. By Representative Adams of the 36th:
A bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act," so as to provide that the bonds required pursu ant to Code Section 13-10-1 of the O.C.G.A. shall be deemed provided as to any contract for the provision of professional services by the furnishing of a certificate of a professional liability insurance policy in lieu of such bonds.
Referred to Committee on Federal, State and Community Affairs.

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:00 o'clock P.M., and the motion prevailed.

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JOURNAL OF THE SENATE

At 12:35 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1342. By Representatives Bailey, Johnson and Benefield of the 72nd and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession and the procedure upon tenant's refusal, so as to provide that an owner, his agent, his attorney at law, or his attorney in fact may go before the clerk or deputy clerk of either the judge of the superior court or the judge of the state court and make an affidavit under oath setting forth the facts if a tenant holding over refuses or fails to deliver possession when so demanded.
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 Barnes Bowen Broun of 46th Brown of 47th
CBougrtgoinn Coleman Dawkins 0 ea i Dean Engram Fincher

Foster Garner Greene Harris Hine
,,HHudo,lgloi.nwsay Huggins Kennedy Kidd tester McGill McKenzie

Peevy Phillips Scott of 2nd Scott of 43rd Starr
_TStaut.me baug6h Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon

Brantley Cobb Coverdell

English Gillis Harrison

THURSDAY, FEBRUARY 23, 1984

2303

Hill
Horton Howard

Land Perry

Reddish Scott of 36th

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1082. By Representative Childs of the 53rd:
A bill to amend Code Section 21-1-2 of the Official Code of Georgia Anno tated, relating to the preparation, printing, and publicizing of a summary of general amendments to the Constitution of Georgia, so as to authorize the Secretary of State to provide for the preparation of a supply of audio tapes which include the summary of proposed general amendments to the Consti tution together with a list of certain public offices and the names of candi dates seeking to be elected to each office at the November election.
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 Bowen Broun of 46th Brown of 47th Burton Cobb Coggin Dawkins Deal Dean Engram Fincher

Foster Garner Greene Harris Hill Hine Holloway Hudgins Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley

Bryant Coleman Coverdell

English Gillis Harrison

2304
Horton Howard

JOURNAL OF THE SENATE

Perry Scott of 36th

Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 444. By Representatives Bolster of the 30th, Phillips of the 120th, Connell of the 87th and others:
Senate Sponsor: Senator Walker of the 19th.

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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section II, Paragraph VII of the Constitution is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with re development programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceed ing 30 years with private persons, firms, corporations, and business enti ties. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those require ments established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local 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.

THURSDAY, FEBRUARY 23, 1984

2305

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 require that a local law which authorizes the exercise of additional re-
development powers by counties and municipalities be approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality af fected?"

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 Broun of 46th Brown of 47th

Foster Garner Greene
Harris Harrison Hjne

McKenzie Perry Phillips
Scott of 2nd Scott of 43rd Slarr

CCoogbgbin Coleman Dawkins Dean Engram

Kennedy Kidd Land Lester McGill

Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Bond
Brannon Brantley Coverdell English

Fincher
Gillis Hill Holloway Horton

Howard Reddish
Scott of 36th Timmons

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 40, nays 2.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Bryant of the 3rd moved that the Senate adhere to the Senate substitute to HB 1068 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1068.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Bryant of the 3rd, Starr of the 44th and Hine of the 52nd.
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 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. 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:

THURSDAY, FEBRUARY 23, 1984

2307

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean

Engram Foster Greene Harris Harrison Hill Hine Horton Huggins Kennedy Kidd Land Lester

McGill Peevy Perry Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley Cobb English Fincher

Garner Gillis Holloway Howard Hudgins

McKenzie Phillips Reddish Scott of 36th Timmons

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 741. By Representatives Chance of the 129th, Triplett of the 128th, Phillips of the 125th and others: A resolution naming the Ebenezer Church Road in Effingham County.
Senate Sponsor: Senator 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:

Allgood Barker

Barnes Bowen

Broun of 46th Brown of 47th

2308
Bryant Burton Cobb Coggin Coleman Coverdell Dean Fincher Foster Garner Gillis Harris Harrison

JOURNAL OF THE SENATE

Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester McGill McKenzie Peevy

Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon
Brantley Dawkins Deal

English Engram Greene Hill

Howard Reddish Scott of 36th Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 1343. By Representative Daugherty of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures for actions of probate courts, so as to provide that, in lieu of specifying a hearing date, notices of applications to judges of the probate courts for the granting of orders may specify that a person served must serve a response within ten days from the date of service.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 23, 1984

2309

Those voting in the affirmative were Senators:

Allgood
Barker Barnes Bond Bowen Brown of 47th Bryant Burton Cobb Coggin Coverdell Deal Dean

Foster Garner Gillis Harris Harrison Hill Hine Horton Huggins Kidd Land Lester McGill

Peevy Perry Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Brannon Brantley Broun of 46th Coleman English Engram

Fincher Green e Holloway Howard Hudgins Kennedy (presiding)

McKenzie Phillips Reddish Scott of 36th Walker

On the passage of the bill, the yeas were 38, nays 1.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Judiciary offered the following substitute to HB 967:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide that a law enforcement officer may arrest without a warrant any person whom the officer has probable cause to believe has committed the offense of theft by shoplifting; to provide exam ples of probable cause; to provide for obtaining arrest warrants under cer-

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JOURNAL OF THE SENATE

tain circumstances; 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 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplift ing, is amended by adding at the end thereof a new Code Section 51-7-62 to read as follows:
"51-7-62. (a) Any law enforcement officer may arrest without a warrant any person whom the officer has probable cause to believe has committed the offense of theft by shoplifting. As used in this subsection, probable cause includes, but is not limited to, a statement of a merchant, or his agent or employee, relating facts and circumstances which demon strate that such officer has reasonable grounds to suspect that a person has committed theft by shoplifting.
(b) If a person is arrested by a law enforcement officer based on a statement of a merchant or his agent or employee, such merchant or his agent or employee shall proceed to obtain a warrant for the person's ar rest within two hours of the arrest, as provided in Code Section 17-4-62. If the warrant is not so obtained, the person arrested shall be released."
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.

Senators Hudgins of the 15th and Turner of the 8th offered the following amendment:

Amend the substitute to HB 967 offered by the Senate Committee on Judiciary by striking subsection (b) in its entirety beginning on Page 1, line 26 and inserting in lieu of the following:
"(b) A law enforcement officer who arrests a person pursuant to paragraph (a) of this section shall immediately proceed in accordance with Code Section 17-4-62."

Senator Hine of the 52nd offered the following amendment:

Amend the Senate Committee on Judiciary substitute to HB 967 by striking from lines 8 and 9 of page 1 the following:
"to provide an effective date;",
and inserting in its place the following:
"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 re-

THURSDAY, FEBRUARY 23, 1984

2311

move existing provisions relating to discovery of scientific reports; to make new provisions for discovery of criminal records of defendants, tan gible evidence, and scientific reports; to provide for discovery of state ments of prosecution witnesses; to require notice of alibi defenses; to pro vide for practice and procedure; to provide for all related matters;".
By striking lines 6 through 10 of page 2 and inserting in their place the following:
"Section 2. Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by striking Code Section 17-7-211, relating to discovery of scientific re ports, and by inserting new Code Sections 17-7-211 through 17-7-214 to read as follows:
'17-7-211. (a) (1) Upon request of the defendant, the prosecution shall furnish to the defendant any copy of his prior criminal record which is within the possession, custody, or control of the prosecution if the exis tence of such prior record is known to the prosecuting attorney.
(2) Upon request of the defendant, the prosecution shall permit the defendant to inspect and copy any original or duplicate books, papers, documents, photographs, tangible objects, buildings, or places which:
(A) Are within the possession, custody, or control of the prosecution;
(B) Are known, or by the exercise of due diligence may become known, to the prosecuting attorney; and
(C) (i) Are material to the preparation of the defendant's defense;
(ii) Are intended for use by the prosecution as evidence in its case in-chief; or
(iii) Were obtained from or belong to the defendant.
(3) Upon request of the defendant, the prosecution shall permit the defendant to inspect and copy any of the following written scientific re ports which are in the possession of the prosecution and which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal:
(A) Reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation;
(B) Autopsy reports by county coroners or private pathologists;
(C) Blood alcohol test results done by law enforcement agencies or private physicians; and
(D) Similar reports that would be used as scientific evidence by the prosecution.
(4) Except as expressly authorized by paragraphs (1) and (3) of this subsection, this subsection does not authorize a defendant to discover or inspect reports, memoranda, or other internal government documents

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JOURNAL OF THE SENATE

made by the prosecuting attorney or other government agents in connec tion with the investigation or prosecution of the case. This subsection does not authorize a defendant to discover or inspect statements made by prosecution witnesses or prospective prosecution witnesses, discovery of such statements being controlled by Code Section 17-7-212.
(b) (1) When the defendant requests discovery under paragraph (2) or (3) of subsection (a) of this Code section, the defendant shall, upon request of the prosecution, permit the prosecution to inspect and copy any original or duplicate books, papers, documents, photographs, or tan gible objects which:
(A) Are within the possession, custody, or control of the defendant; and
(B) Are intended for use by the defendant as evidence in his case-inchief.
(2) When the defendant requests discovery under paragraph (2) or (3) of subsection (a) of this Code section, the defendant shall, upon re quest of the prosecution, permit the prosecution to inspect and copy any of the following written scientific reports which are in the possession of the defendant and which will be introduced in whole or in part by the defendant into evidence:
(A) Any autopsy reports;
(B) Any blood alcohol test results; and
(C) Similar reports that would be used as scientific evidence by the defendant.
(3) Except as to scientific or medical reports, this subsection does not authorize the prosecution to discover or inspect reports, memoranda, or other internal defense documents made by the defendant or his attor neys or agents in connection with the investigation or defense of the case. This subsection does not authorize the prosecution to discover or inspect statements made by the defendant, by prosecution or defense witnesses, or by prospective prosecution or defense witnesses to the defendant or his attorneys or agents.
(c) If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered to be disclosed which is sub ject to discovery under this Code section, the party shall promptly notify the other party or the court of the existence of the additional evidence or material.
(d) Upon good cause shown, the court may at any time order that discovery or inspection under this Code section be denied, restricted, or deferred or may make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be

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sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
(e) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this Code section, the court may order such party to permit the discovery or inspection, grant a continuance, prohibit the party from introducing evi dence not disclosed, or enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery or inspection and may prescribe such terms and conditions as are just.
17-7-212. (a) After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the government or the defendant and his attorney, as the case may be, to produce, for the examination and use of the moving party, any statement of the witness that is in the pos session of the nonmoving party and that relates to the subject matter concerning which the witness has testified.
(b) If the entire contents of the statement relate to the subject mat ter concerning which the witness has testified, the court shall order that the statement be delivered to the moving party.
(c) If the other party claims that the statement contains matter that does not relate to the subject matter concerning which the witness has testified, the court shall order that it be delivered to the court in camera. Upon inspection, the court shall excise the portions of the statement that do not relate to the subject matter concerning which the witness has tes tified and shall order that the statement, with such material excised, be delivered to the moving party. Any portion of the statement that is with held from the defendant over his objection shall be preserved by the at torney for the government and, in the event of a conviction and an appeal by the defendant, shall be made available to the appellate court for the purpose of determining the correctness of the decision to excise the por tion of the statement.
(d) Upon delivery of the statement to the moving party, the court, upon application of that party, may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial.
(e) If the other party elects not to comply with an order to deliver a statement to the moving party, the court may order that the testimony of the witness be stricken from the record and that the trial proceed or shall declare a mistrial if required by the interest of justice.
(f) As used in this Code section, a "statement" of a witness means:
(1) A written statement made by the witness that is signed or other wise adopted or approved by him; or
(2) A substantially verbatim recital of an oral statement made by the witness that:

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(A) Is recorded contemporaneously with the making of the oral statement;
(B) Is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; and
(C) Does not consist of notes of an investigating law enforcement official, unless the witness has in writing acknowledged the accuracy of such notes.
17-7-213. (a) Upon written demand by the prosecuting attorney stating the time, date, and place at which the alleged offense was com mitted, the defendant shall, within ten days or at such different time as the court may direct, serve upon the prosecuting attorney a written no tice of his intention to offer a defense of alibi. Such notice by the defen dant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and ad dresses of the witnesses upon whom he intends to rely to establish such alibi.
(b) If, prior to or during trial, a defendant learns of an additional witness whose identity, if known, should have been included in the infor mation furnished under subsection (a) of this Code section, the defendant shall promptly notify the prosecution of the existence and identity of such additional witness.
(c) Upon the failure of a defendant to comply with this Code sec tion, the court may exclude the testimony of any undisclosed witness of fered by such defendant as to the defendant's absence from the scene of the alleged offense. This subsection shall not limit the right of the defen dant to testify on his own behalf.
(d) For good cause shown, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section.
(e) Evidence of an intention to rely upon an alibi defense which is later withdrawn or of statements made in connection with such intention is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.
17-7-214. (a) Either the prosecution or the defendant shall have the right to appeal with respect to any order entered under Code Sections 17-7-211 through 17-7-213, and nothing in Code Sections 17-7-211 through 17-7-213 shall be construed as denying such right to appeal.
(b) Code Sections 17-7-211 through 17-7-213 shall apply only in felony cases and shall not apply in misdemeanor cases.'
Section 3. All laws and parts of laws in conflict with this Act are repealed."

Senator Broun of the 46th moved that HB 967 be placed on the Table.

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On the motion, the yeas were 35, nays 6; the motion prevailed, and HB 967 was placed on the Table.

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.
Senate Sponsor: Senator Horton of the 17th.

The Senate Committee on Industry and Labor offered the following substitute to HB 1135:

A BILL
To be entitled an Act 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; to clarify the parties who are required to file disclosure statements; to increase the amount of initial investment required for an enterprise to be a business opportunity; to change the provisions relating to penalties for not filing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking Code Section 10-1-410 in its entirety and inserting in lieu thereof a new Code Section 10-1-410 to read as follows:
"10-1-410. As used in this part, the term:
(1) (A) 'Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or services which re quires a total initial payment of an amount exceeding $500.00 for the purpose of enabling the purchaser to start a business, and in which the seller or company represents:
(i) That the seller or company will provide locations or assist the purchaser in finding locations for the use or operation of vending ma chines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, or premises neither owned nor leased by the purchaser, seller, or company;
(ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser;
(iii) That the seller or company guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that the seller or company will refund all

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or part of the price paid for the business opportunity or repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company, if the purchaser is dissatisfied with the business opportunity; or
(iv) That the company will provide a sales program or marketing program; provided, however, that this paragraph shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or registered service mark.
(B) The term 'business opportunity' does not include:
(i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity;
(ii) Any relationship created solely by or involving:
(I) The relationship between an employer and an employee or among general business partners; or
(II) Membership in a bona fide cooperative association or transac tions between bona fide cooperative associations and their members. As used in this subdivision, the term 'cooperative association' means either (1) an association of producers of agricultural products organized pursu ant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto en acted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or fur nishes services primarily to its member-retailers; or
(iii) Any agribusiness corporation.
(2) 'Company' means any corporation, whether domestic or foreign, or any business, whether a partnership, limited partnership, sole proprie torship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any busi ness opportunity or cause to be solicited, advertised, offered, or con tracted for any business opportunity in this state.
(3) 'Person' means any individual, corporation, partnership, joint venture, association, company, trust, unincorporated organization, or other entity and shall include any other person that has a substantial interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in con trol of the activities of such person.
(4) 'Seller' means any person who offers to sell to individuals any business opportunity, either directly or through any agent."
Section 2. Said part is further amended by striking in its entirety sub section (a) of Code Section 10-1-411, relating to required disclosure state ment, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At least 48 hours prior to the time the purchaser signs a busi ness opportunity contract or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is

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entitled in at least ten-point boldface capital letters: 'DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that:
'The State of Georgia has not reviewed and does not approve, rec ommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.'
Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the company; whether the company is doing busi ness as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which takes responsibility for statements made by the seller;
(2) The names, addresses, and titles of the company's officers, direc tors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the company's busi ness activities relating to the sale of business opportunities;
(3) The length of time the company has:
(A) Sold business opportunities; and
(B) Sold business opportunities involving the product, equipment, supplies, or services currently being offered to the purchaser;
(4) A full and detailed description of the actual services that the seller or company undertakes to perform for the purchaser;
(5) A copy of a current (not older than 13 months) financial state ment of the company, updated to reflect any material changes in the company's financial condition;
(6) If training of any type is promised by the seller or company, a complete description of the training and the length of the training;
(7) If the seller or company promises services to be performed in connection with the placement of the equipment, product, or supplies at various locations, the full nature of those services as well as the nature of the agreements to be made with the owners or managers of those loca tions where the purchaser's equipment, product, or supplies will be placed;
(8) If the company is required to secure a bond or establish a trust deposit pursuant to Code Section 10-1-412, either of the following statements:
(A) 'As required by Georgia law, the company has secured a bond issued by (name and address of surety company), a surety company au-

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thorized to do business in this state. Before signing a contract to purchase this business opportunity, you should check with the surety company to determine the bond's current status.'; or
(B) 'As required by Georgia law, the company has established a trust account (number of account) with (name and address of bank or savings institution). Before signing a contract to purchase this business opportunity, you should check with the bank or savings institution to de termine the current status of the trust account.';
(9) The following statement:
'If the company fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the company in writing and demand that the contract be canceled.';
(10) If the seller or company makes any statement concerning sales or earnings or range of sales or earnings that may be made through this business opportunity, the following disclosures:
(A) The total number of purchasers of business opportunities involv ing the product, equipment, supplies, or services being offered who, to the company's knowledge, have actually received earnings in the amount or range specified within three years prior to the date of the disclosure statement; and
(B) The total number of purchasers of business opportunities involv ing the product, equipment, supplies, or services being offered within three years prior to the date of the disclosure statement; and
(11) The following statement:
'The company selling a business opportunity or the seller shall col lect no more than 15 percent of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the company only upon complete compliance with the terms of the contract.'"
Section 3. Said part is further amended by striking in its entirety sub section (a) of Code Section 10-1-412, relating to when bond or trust account is required, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the business opportunity seller or company makes any of the representations set forth in division (l)(A)(iii) of Code Section 10-1-410, the company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution lo cated in this state. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state. Any person who is damaged by any violation of this part or by the seller's or company's breach of the contract for the busi ness opportunity sale or of any obligation arising therefrom may bring an

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action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account."
Section 4. Said part is further amended by striking in its entirety sub section (d) of Code Section 10-1-413, relating to filings with the administra tor, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Every seller representing or pretending to represent a company and every company which has not filed as required in this part shall be guilty of a felony and, upon conviction thereof, shall be punished by im prisonment for not more than five years in the state penitentiary or by a fine of not more than $50,000.00, or both."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean Engram

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kidd 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:

Barnes Brannon

Brantley Dawkins

English Fincher

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Horton Kennedy (presiding)

Land McKenzie

Timmons

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in amending the following bill of the Senate:

SB 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 House has agreed to the Senate substitute as amended by the House to the following bill of the House:

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.
The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like Committee on the part of the Senate on the following bill of the House:

HB 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.

THURSDAY, FEBRUARY 23, 1984

2321

The Speaker has appointed on the part of the House:

Representatives Hasty of the 8th, Maddox of the 7th and Cox of the 141st.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Garner of the 30th moved that the Senate adhere to its disagreement to the House amendment to SB 319 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 319.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Garner of the 30th, Barnes of the 33rd and Greene of the 26th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Bond Bowen

Broun of 46th Brown of 47th

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Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram Foster Garner Gillis Greene Harris

Harrison Hill Hine Horton Howard Huggins Kidd Land Lester McGill McKenzie Peevy Perry

Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh
T1 aatlpe
Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Brantley Coggin

Coleman English Fincher Holloway

Hudgins Kennedy (presiding) Reddish Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 464 by adding at the end of line 12 of Page 2 the following: "prescription drugs,".

On the adoption of the amendment, the yeas were 3, nays 26, and the committee amendment was lost.

Senator Stumbaugh of the 55th offered the following amendment:

Amend HB 464 by striking the words "professional mental health" on line

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12 of Page 2 and inserting instead the words "psychiatric or applied psychology".

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 as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean 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 Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley

English Fincher

Kennedy (presiding) McKenzie

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 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-

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ods of evaluation, inspection, and approval for medical and osteopathic col leges; to provide for licensing of certain medical school graduates.
Senate Sponsors: Senators Greene of the 26th 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 Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean 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:

Brannon Brantley

Dawkins English

Engram Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1123. By Representatives White of the 62nd, Morton of the 47th, Goodwin of the 63rd and others:
A bill to amend Code Section 10-1-451 of the Official Code of Georgia An notated, relating to injunction against infringement of registered trademarks or service marks, so as to authorize a court to order to require that a defen dant pay to the owner of a registered trademark or service mark up to three times the profits derived from wrongful manufacture, etc., and up to three

THURSDAY, FEBRUARY 23, 1984

2325

times all damages suffered by reason of such wrongful manufactures, etc., or both profits and damages.

Senate Sponsor: Senator Land of the 16th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Fincher

Foster Garner Gillis Harris Harrison Hill Hine Holloway Horton Huggins Kidd Land Lester McGill McKenzie

Those not voting were Senators:

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Bond Brannon Brantley English

Engram Greene Howard

Hudgins Kennedy (presiding) Starr

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate amendment to HB 520 and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 520.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Kidd of the 25th, Deal of the 49th and Brannon of the 51st.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 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".

The House has disagreed to the Senate amendment to the following bill of the House:

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.

THURSDAY, FEBRUARY 23, 1984

2327

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like Committee on the part of the Senate on the following bill of the House:

HB 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 Speaker has appointed on the part of the House:

Representatives Thomas of the 69th, Home of the 103rd and Johnson of the 70th.

The House has disagreed to the Senate substitute to the following bill of the House:

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.

The House has agreed to the Senate substitute as amended by the House to the following bill 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".

The House has disagreed to the Senate substitute to the following bill of the House:

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.

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The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Cheeks of the 89th, Johnson of the 72nd and Coleman of the 118th.

The President resumed the Chair.

THURSDAY, FEBRUARY 23, 1984

2329

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
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 Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Harris Hill Hine Holloway Horton Huggins Kennedy Kidd Land

Lester McGill
Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Brannon Brantley English Greene

Harrison Howard Hudgins McKenzie

Scott of 36th Starr Stumbaugh Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2330

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Industry and Labor offered the following substitute to HB 830:

A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine the term "employee" to include volunteer law enforcement officers under certain circumstances; to provide for the computation of the average weekly wage of volunteer law enforcement officers; 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. Chapter 9 of Title 34 of the Official Code of Georgia An notated, relating to workers' compensation, is amended by striking para graph (2) of the Code Section 34-9-1, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a per son whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter pro vided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing con tained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of ap pointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the gov erning authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services ren-

THURSDAY, FEBRUARY 23, 1984

2331

dered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law en forcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state.
Notwithstanding the foregoing provisions of this paragraph, any of ficer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. Said chapter is further amended by striking paragraph (5) of Code Section 34-9-260, relating to the basis and method for computing compensation generally, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) If the injured employee is a volunteer firefighter included under this chapter for volunteer fire-fighting services rendered to a county or municipality of this state, or a volunteer law enforcement officer included under this chapter for volunteer law enforcement services rendered to a county or municipality of this state, such firefighter's or volunteer law enforcement officer's average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year, as published by the Georgia Department of Labor;".
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 Greene of the 26th offered the following amendment:

Amend the substitute to HB 830 offered by the Senate Committee on Industry and Labor by adding on line 6, Page 1 after "matters;" and before the word "to" the following:
"to provide for the situation in which the employer does not allow the employee to select the physician;"
And by adding on line 26, page 3 the following:
"Section 3. Said chapter is further amended by striking subsection

2332

JOURNAL OF THE SENATE

(c) of Code Section 34-9-201, relating to selection of physicians, which reads as follows:
"(c) An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. If, due to an emergency or similarly justifiable reason, an inability to make a selection results, the selection requirements of this subsection shall not apply as long as such inability persists. The physician selected under this subsection may arrange for any consultation, referral, and ex traordinary or other specialized medical services as the nature of the in jury shall require. The employer shall not be responsible for the charges for medical services furnished or ordered by any physician or other per son selected by the employee in disregard of this subsection.",
and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) An employee may:
(A) Accept the services of a physician selected by the employer;
(B) Select a physician from the panel; or
(C) Select any physician upon giving written notice to the employer of the name of such physician.
(2) The selection requirements of this subsection shall not apply to any emergency situation or other situation which renders the employee unable to make the selection. The physician selected under this subsec tion may arrange for any consultation, referral, extraordinary or other specialized medical services as the nature of the injury shall require. The employer shall not be responsible for the charges for medical services furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this subsection."
Section 4. Said chapter is further amended by striking subsection (e) of Code Section 34-9-201, relating to the selection of physicians, which reads as follows:
"(e) If the employer fails to maintain the panel of physicians or to permit an employee to make a choice of a physician from the panel, an em ployee may select any physician to render service at the expense of the employer.",
and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If the employer fails to maintain the panel of physicians or to permit an employee to make a choice of a physician from the panel or if the employer refuses to allow the employee to select a physician after giving notice, the employee may select any physician to render service at the expense of the employer."
Section 5. Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which application for appeal is required, is amended by striking in its entirety paragraph (1) of subsection (a) of said

THURSDAY, FEBRUARY 23, 1984

2333

Code and by renumbering Sections "3" and "4" as Sections "6" and "7" accordingly.

Senator Greene of the 26th asked unanimous consent to withdraw his amendment to the substitute to HB 830 offered by the Senate Committee on Industry and Labor; the consent was granted, and the amendment was withdrawn.

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 Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Brantley

English Garner Howard

Perry 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.

2334

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Timmons of the 11th moved that the Senate adhere to the Senate substi tute to HB 272 and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 272.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Timmons of the 11th, Turner of the 8th and Kidd of the 25th.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate Substitute to HB 358 by deleting Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. This act will become effective on July 1, 1985."

Senator Holloway of the 12th moved that the Senate agree to the House amend ment to the Senate substitute to HB 358.

On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 23, 1984

2335

Those voting in the affirmative were Senators:

Barker Barnes Broun of 46th Brown of 47th
j* rvant w *? n cSrin Coleman Coverdell Dean Engram Foster Garner Gillis

Greene Harris Harrison Hi n
Hine Howard HudginS " u^'"s 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 voting in the negative were Senators Horton and Stumbaugh. Those not voting were Senators:

Allgood Bond Bowen Brannon

Brantley Dawkins Deal English

Fincher Holloway Scott of 36th

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 358.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Scott of the 43rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

2336

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barker Barnes Broun of 46th
Brown of 47th
Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean 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 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Bowen

Brannon Brantley English

Howard Scott of 2nd Starr

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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 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.
Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 949 and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 949.

THURSDAY, FEBRUARY 23, 1984

2337

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Garner of the 30th and Dean of the 31st.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Cobb of the 28th moved that the Senate insist upon the Senate amend ment to HB 1292.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1292.

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 1667. By Representative Thomas of the 69th: A bill to make provisions for the Magistrate Court of Carroll County.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 227. By Senator Allgood of the 22nd:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of nine members; to provide that the board of commissioners shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city; to designate the board as the commission-council of Richmond County and the City of Augusta.

2338

JOURNAL OF THE SENATE

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 644. By Representatives Galer of the 97th and Steinberg of the 46th: A resolution creating the Joint Part-Time State Employment Study Committee.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Hudgins of the 15th offered the following amendment:

Amend HR 644 by striking on Page 2, lines 4, 5 and 6, the word "three" and inserting in lieu thereof the word "five"
and by striking on Page 2, line 25 the word "five" and inserting in lieu thereof the word "ten".
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.
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 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 Timmons Trulock Turner Walker

THURSDAY, FEBRUARY 23, 1984

2339

Those not voting were Senators:

Allgood Barker
Bond Bowen

Brannon Brantley Broun of 46th

Scott of 2nd Thompson Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:
Amendment No. 1:
Amend SB 149 by inserting the word "reasonable" between the word "minimal" and word "standards" on line 3, Page 5.
Amendment No. 2:
Amend SB 149 by striking from line 26, Page 3 through line 9, Page 4.
Senator Howard of the 42nd moved that the Senate agree to House amendment No. 1, and agree to House amendment No. 2 as amended by the following amendment:
Amend House amendment No. 2 by adding at the end thereof the following:
"and inserting in its place the following:
'(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

2340

JOURNAL OF THE SENATE

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 of fender treatment shall be conclusive evidence of arrest and sentencing for such crime;'".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen 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 Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Perry Phillips Scott of 36th Scott of 43rd Stumbaugh Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barnes

Deal

Peevy

Those not voting were Senators:

Allgood Barker Bond Brannon

Brantley Bryant Hudgins Reddish

Scott of 2nd Starr Thompson Tysinger

On the motion, the yeas were 41, nays 3; the motion prevailed, and the Senate agreed to House amendment No. 1 and agreed to House amendment No. 2 as amended by the Senate.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

THURSDAY, FEBRUARY 23, 1984

2341

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Deal of the 49th.

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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

January 27, 1984

SUBJECT: Fiscal Note - House Bill 1026 (LC 14 3236) Sales Tax Exemption--Lake Lanier Islands Development Authority

This Bill would exempt property purchased by or for use by the Lake Lanier Islands Development Authority from state and local sales and use tax.

Based on information provided by the Lake Lanier Islands Authority, the Authority had expenditures of $683,500 in fiscal year 1983 which were sub ject to state and local sales and use tax. The revenue loss on this amount would be $20,505 to the state and $6,835 to Hall County which has a 1% local option sales tax.

/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:

2342

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Deal Dean English Engram Fincher

Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood Barker Bond Brannon

Brantley Dawkins Garner Howard

Kennedy (presiding) McKenzie Starr Tysinger

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1569. By Representatives Reaves of the 147th, Carter of the 146th and Bostick of the 138th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation, so as to change the mem bership of the Georgia Agrirama Development Authority.
Senate Sponsor: Senator McGill of the 24th.

Senator McGill of the 24th offered the following substitute to HB 1569:

A BILL
To be entitled an Act to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation of the Georgia Agrirama Development Authority, so as to change the mem bership of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 1984

2343

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation of the Georgia Agrirama Development Authority, is amended by striking said Code section in its en tirety and substituting lieu thereof a new Code Section 2-3-5 to read as follows:
"2-3-5. (a) The authority shall consist of 15 members as follows:
(1) The Commissioner of Agriculture or his designee;
(2) The president of the Georgia Farm Bureau Federation or his designee;
(3) A member of the Public Service Commission to be appointed by the Governor;
(4) The director of the Tourist Division of the Department of Indus try and Trade;
(5) The Secretary of State;
(6) The director of the Coastal Plains Experiment Station;
(7) A representative appointed by the executive committee of the University of Georgia College of Agriculture Alumni Association;
(8) A member of the Chamber of Commerce of Tift County to be appointed by the board of directors of that organization; and
(9) Seven members to be appointed by the Governor, one of whom shall be a resident of the Tiftarea. The members appointed by the Gover nor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term.
(b) The authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(c) The authority may make such bylaws for its government as it deems necessary but is under no duty to do so.
(d) Any eight members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those pre sent at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. No vacancy on the authority shall impair the right of a quorum to transact any and all such business.
(e) The members of the authority shall receive no compensation for their services. Employees of the authority shall receive reasonable com-

2344

JOURNAL OF THE SENATE

pensation for their services, the amount to be determined by the mem bers of the authority.
(f) The Attorney General shall provide legal services for the author ity. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Trulock of the 10th offered the following amendment:

Amend the substitute to HB 1569 offered by Senator McGill of the 24th by striking on Page 2, line 11, the word "Tiftarea." and inserting in lieu thereof:
"Tift area, and another who shall be a member of the Georgia Young Farmers Association."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, 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 Bowen 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

Huggins Kidd Land Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh

THURSDAY, FEBRUARY 23, 1984

2345

Tate Thompson

Timmons Trulock

Turner Walker

Those not voting were Senators:

Barnes Bond Brannon Brantley

Bryant Howard Hudgins Kennedy (presiding)

McKenzie Starr Tysinger

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Hudgins of the 15th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hill 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

2346
Timmons Trulock

JOURNAL OF THE SENATE

Turner

Walker

Those not voting were Senators:

Barker Bond Brannon

Brantley Fincher

Kennedy (presiding) Tysinger

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Harris of the 27th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen 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 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker

THURSDAY, FEBRUARY 23, 1984

2347

Those not voting were Senators:

Bond
Brannon Brantley

Bryant Kennedy (presiding)

Starr Tysinger

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House:
Representatives Rainey of the 135th, Peters of the 2nd and Twiggs of the 4th.
The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House:
Representatives Richardson of the 52nd, Thomas of the 69th and Groover of the 99th.

2348

JOURNAL OF THE SENATE

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House insists on its position in substituting the following bill of the Senate:

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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1344. By Representative Daugherty of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to sales and conveyances by administrators and executors, so as to provide that notice of petition to sell real property shall be published in the county where the petition is filed and, if the property is in another county, shall also be published in the county where the property is located.
Senate Sponsors: Senators Dawkins of the 45th and 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 Bowen Brantley Broun of 46th Brown of 47th

Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Greene Harris

THURSDAY, FEBRUARY 23, 1984

2349

Harrison Hill
Hine
Holloway Horton Howard Huggins
Kidd Land

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th

Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Bond Brannon Bryant Garner

Gillis Hudgins Kennedy (presiding)

Peevy Timmons Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Trulock of the 10th moved that the Senate recede from the Senate amendment to HB 1211.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Bryant Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Greene Harris Harrison Hill Hine Holloway Horton Howard

2350

JOURNAL OF THE SENATE

Muggins Kidd L.LMaecnsGtdeirll
McKenzie Peevy

Perry Phillips ,,SSRcceoodttdttisoohff,. 23n6dt,h
Scott of 43rd Starr

Stumbaugh jate -TIrr\n,unolmmocpTMk,s,onnn
Turner Walker

Those not voting were Senators:

Bond Bowen
Brannon

Brown of 47th Gillis
Hudgins

Kennedy (presiding) Timmons
Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1211.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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".

The House amendment was as follows:

Amend the Senate substitute to HB 1149 by striking lines 14 through 16 on Page 1 in their entirety and substituting in lieu thereof the following:
"with respect to the right of the".
By striking lines 1 through 19 on Page 5 in their entirety and substitut ing in lieu thereof the following:
"'7-4-17. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, shall be applied to the reduction of the principal. If the payment does not extinguish the interest then due, no interest shall be calculated on such bal ance of interest and interest shall be calculated only on the principal amount up to the time of the next payment. Notwithstanding the foregoing restric tions against charging interest on unpaid interest, on loans having first prior ity on real estate and on loans secured by the pledge or assignment of instru ments evidencing loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the in creased principal balance of the indebtedness bear interest pursuant to the terms of the contract.' "

THURSDAY, FEBRUARY 23, 1984

2351

Senator Turner of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 1149.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram

Fincher Foster Greene Harris Harrison Hill 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

Those not voting were Senators:

Bond Brannon Brown of 47th Coleman

Garner Gillis Hudgins

Kennedy (presiding) Tysinger Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1149.

The following bill of the House was read the first time and referred to committee.

HB 1667. By Representative Thomas of the 69th: A bill to make provisions for the Magistrate Court of Carroll County.
Referred to Committee on Federal, State and Community Affairs.

2352

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Education offered the following substitute to HB 815:

A BILL
To be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local boards of educa tion to appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following certain instances of alleged conduct on the part of students; to provide minimum procedures for such hearings; to provide for decisions from the hearing and for appeals of such decisions; to provide for reporting certain instances of alleged conduct; to provide that proceedings and certain records shall not be open to the public or subject to inspection by the public; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipli nary tribunals, is amended by adding at the end thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disci plinary hearing officer, panel, or tribunal of school officials to hold a dis ciplinary hearing following any instance of:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee;
(2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or
(3) Substantial damage alleged to be intentionally caused by a stu dent on school premises to personal property belonging to a teacher, other school official, employee, or student;

THURSDAY, FEBRUARY 23, 1984

2353

(b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education.
20-2-754. (a) If a disciplinary officer, panel, or tribunal of school officials is appointed as required by Code Section 20-2-753, it shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after rea sonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students in volved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a state ment as to the right of all parties to present evidence and to be repre sented by legal counsel;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues un resolved; and
(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.
(b) If appointed to review an instance specified in Code Section 202-753, the disciplinary officer, panel, or tribunal shall conduct the hear ing and, after receiving all evidence, render its decision. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a writ ten notice of appeal within ten days from the date the decision is ren dered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended pending the outcome of the appeal.
(c) The local board of education shall review the record and shall render a decision in writing which shall be given to all parties within ten days from the date it receives the notice of appeal. The board may take any action it determines is appropriate, and any decision of the board shall be final.
20-2-755. The disciplinary officer, panel, or tribunal of school offi cials, when appointed as required in Code Section 20-2-753, shall deter mine what, if any, disciplinary action shall be taken. Such action may include, but is not limited to, expulsion, long-term suspension, or shortterm suspension. Any action taken by such officer, panel, or tribunal shall be subject to modification by the local school board on appeal.
20-2-756. (a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any instance specified in subsection (a) of Code Section 20-2-753 occurs, report the incident to the appropriate law enforcement agency or

2354

JOURNAL OF THE SENATE

officer for investigation to determine if criminal charges or delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.
20-2-757. (a) No proceeding under this subpart shall be subject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written decisions prepared under this subpart shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records.
(b) No other disciplinary proceeding or appeal or review thereof conducted by a school administration or board of education shall be sub ject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written de cisions prepared by a school administration or board of education in such proceeding shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records.
(c) The board of education shall prepare a written summary of any proceeding under this subpart which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record.
20-2-758. Nothing in this subpart shall be construed to prohibit, re strict, or limit in any manner any cause of action otherwise provided by law and available to any teacher, school official, employee, or student."
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 part of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following substitute to HB 815:

A BILL
To be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local boards of educa tion to appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following certain instances of alleged conduct on the part of students; to provide minimum procedures for such hearings; to provide for decisions from the hearing and for appeals of such decisions; to provide for reporting certain instances of alleged conduct; to provide that proceedings and certain records shall not be open to the public or subject to inspection by the public; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 1984

2355

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipli nary tribunals, is amended by adding at the end thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disci plinary hearing officer, panel, or tribunal of school officials to hold a dis ciplinary hearing following any instance of:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee;
(2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or
(3) Substantial damage alleged to be intentionally caused by a stu dent on school premises to personal property belonging to a teacher, other school official, employee, or student;
(b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education.
20-2-754. (a) A disciplinary officer, panel, or tribunal of school offi cials appointed as required by Code Section 20-2-753. shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after rea sonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students in volved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a state ment as to the right of all parties to present evidence and to be repre sented by legal counsel;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues un resolved; and
(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.
(b) If appointed to review an instance specified in Code Section 202-753, the disciplinary officer, panel, or tribunal shall conduct the hear ing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The deci sion shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel,

2356

JOURNAL OF THE SENATE

or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tri bunal may be suspended by the superintendent of schools pending the outcome of the appeal.
(c) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days from the date it receives the notice of appeal. The board may take any action it deter mines appropriate, and any decision of the board shall be final. All par ties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings.
20-2-755. The disciplinary officer, panel, or tribunal of school offi cials, when appointed as required in Code Section 20-2-753, shall deter mine what, if any, disciplinary action shall be taken. Such action may include, but is not limited to, expulsion, long-term suspension, or shortterm suspension. Any action taken by such officer, panel, or tribunal shall be subject to modification by the local school board on appeal.
20-2-756. (a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any instance specified in subsection (a) of Code Section 20-2-753 occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process.
20-2-757. (a) No proceeding under this subpart shall be subject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written decisions prepared under this subpart shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records.
(b) No other disciplinary proceeding or appeal or review thereof conducted by a school administration or board of education shall be sub ject to Chapter 80 of Title 36, relating to open meetings of governmental bodies, and the verbatim electronic or written record and the written de cisions prepared by a school administration or board of education in such proceeding shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50, relating to public records.
(c) The board of education shall prepare a written summary of any proceeding under this subpart which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record.
20-2-758. Nothing in this subpart shall be construed to prohibit, re strict, or limit in any manner any cause of action otherwise provided by law and available to any teacher, school official, employee, or student.

THURSDAY, FEBRUARY 23, 1984

2357

The provisions of subsections (b) through (f) of Code Section 20-2-1160 shall apply to all proceedings under this subpart."
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.

Senators Dawkins of the 45th and Deal of the 49th offered the following amendment:

Amend the substitute to HB 815 offered by Senator Deal of the 49th by striking from line 10 of Page 2 the following:
"student;",
and inserting in lieu thereof the following:
"student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student;".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute to HB 815 offered by the Senate Committee on Education, the yeas were 0, nays 39, and the committee substitute was lost.

On the adoption of the substitute, offered by Senator Deal of the 49th, the yeas were 36, nays 0, and the substitute to HB 815 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 Bowen 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

2358
Holloway Horton Howard
Huge8!TM Land Lester McGill

JOURNAL OF THE SENATE

McKenzie Peevy Perry
PRemdd^ish Scott of 2nd Scott of 36th Scott of 43rd

Starr Stumbaugh Tate
TTiTm--m--onPs" Trulock Turner Walker

Those not voting were Senators:

Bond Brannon

Kennedy (presiding)

Tysinger

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Hudgins of the 15th moved that the Senate adhere to the Senate substi tute to HB 602 and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 602.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Hudgins of the 15th, Bond of the 39th and Deal of the 49th.

THURSDAY, FEBRUARY 23, 1984

2359

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 900.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 900.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Scott of the 43rd moved that the Senate adhere to its disagreement to the House substitute to SB 361 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 361.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Scott of the 43rd, Engram of the 34th and Brannon of the 51st.

2360

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:

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 Annotatetd, relating to judgments and rulings deemed directly appealable, so as to delete certain judgments and rulings.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substi tute to HB 877.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 877.

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 759. By Representatives Royal of the 144th, Reaves of the 147th, Godbee of the 110th and others:
A resolution urging support for S. 2148, creating a long-term soil conserva tion program, as introduced by Honorable Sam Nunn.
Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard

THURSDAY, FEBRUARY 23, 1984

2361

Huggins Kennedy
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:

Bond Brannon

Hudgins

Tysinger

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 1373 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1373.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Allgood of the 22nd and Coleman of the 1st.

2362

JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 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.
Senate Sponsor: Senator Garner of the 30th.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1506 by striking "." on line 21, Page 1 and adding:
"Provided, however, this provision shall not prohibit an inmate or his attor ney from receiving a copy of the inmate's file upon the payment of reasona ble costs of copying unless the commissioner certifies that the material sought to be disclosed would endanger the person submitting the document or instrument sought to be disclosed."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English 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 Starr Stumbaugh Tate

THURSDAY, FEBRUARY 23, 1984

2363

Thompson Timmons

Trulock Turner

Walker

Those nol voting were Senators:

Bond Brannon

Engram Hudgins

Phillips Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1494. By Representative Pettit of the 19th: A bill to amend Code Section 45-15-30 of the Official Code of Georgia An notated, relating to assistant attorneys general, so as to provide that certain representations of criminal defendants by assistant attorneys general shall not constitute conflicts of interest under certain conditions.
Senate Sponsor: Senator Dawkins of the 45th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley
Broun of 46th
r y ant
u. lbon c in Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Greene Harris
Harrison
Hill
Hine Holloway Horton Howard Huggins Kennedy Kidd Land

tester McGill Peevy Perry Reddish
Scott of 2nd
Scott of 43rd
Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

2364

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Brannon Brown of 47th Garner

Gillis Hudgins McKenzie

Phillips Scott of 36th Tysinger

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 265. By Senator Perry of the 7th: A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".
The House amendment was as follows:
Amend SR 265 by striking on Page 1, line 2, on Page 2, line 28, and on Page 3, lines 1, 7 and 11, the words,
"Peach State Parkway"
and inserting in lieu thereof the words,
"Georgia Farm Belt Freeway".
Senator Perry of the 7th moved that the Senate disagree to the House amendment to SR 265.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SR 265.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Cobb of the 28th.

THURSDAY, FEBRUARY 23, 1984

2365

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal 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 43rd Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Bond Brannon

McKenzie Scott of 36th

Thompson Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering the House action thereon:

HB 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.

2366

JOURNAL OF THE SENATE

Senator Pccvy of the 48lh moved that the Senate insist upon the Senate amend ment to HB 1475.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1475.

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.

Senator Deal of the 49th moved that the Senate insist upon the Senate amend ment to HB 1025.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1025.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Harris of the 27th.

Senator Harris of the 27th offered the following substitute to HB 1317:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a declaration by the General Assembly 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; to articulate clearly and express affirmatively the policy of the State of Georgia that such local governing authorities in the exercise of such powers shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 1984

2367

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 18, a new Chapter 19, to read as follows:
"CHAPTER 19
36-19-1. It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local gov erning authorities of cities and counties are acting pursuant to state policy.
36-19-2. This chapter is intended to articulate clearly and express affirmatively the policy of the State of Georgia that in the exercise of such powers, such local governing authorities shall be immune from anti trust liability to the same degree and extent as enjoyed by the State of Georgia."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant
CBoubrtbon CCooglegminan Coverdell
Dawkins Deal Dean English Engram

Fincher Garner Gillis Greene Harris Harrison
HHlo11lloway HHoorwtoanrd Hudgins
Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish
Scott of 2nd Sb,,tcaortrt of 43rd Stumbaugh
Tate Thompson Timmons Trulock Turner

2368

JOURNAL OF THE SENATE

Voting in the negative was Senator Mine.

Those not voting were Senators:

Barker Bond Brannon

Brantley Foster Scott of 36th

Tysinger Walker

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Lester of the 23rd.

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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1984

SUBJECT: Fiscal Note--House Bill 1329 (LC 11 5250) Sales Tax Exemption--Medicaid Prescription Drugs

This Bill would provide that the sale of prescription drugs would be exempt from sales and use tax when any part of the cost of the drugs is payable by the Department of Medical Assistance.

Based on information provided by the Department of Medical Assis tance, this Bill would reduce sales tax revenues by an estimated $1.35 mil-

THURSDAY, FEBRUARY 23, 1984

2369

lion in fiscal year 1985. This is based on a projected cost of $44.9 million for drugs paid in part by the Department of Medical Assistance.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Fincher of the 54th moved that HB 1329 be placed on the Table.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1329 was placed on the Table.

HB 1016. By Representatives Wilson of the 20th, Crosby of the 150th, Burruss of the 20th and Kilgore of the 42nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation.
Senate Sponsor: Senator Turner of the 8th.

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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 9, 1984

SUBJECT: Revised Fiscal Note--House Bill 1016 Substitute (LC 14 3398S) Income Tax--Corporations

This Bill would provide that the provisions of Subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code of 1954 as they existed on January 1, 1984 would apply for Georgia taxable years beginning on or af ter January 1, 1985.

This Bill would increase the limit on the number of stockholders from 15 to 35 a corporation could have and still qualify for filing under Subchapter S. According to the Department of Revenue, the fiscal impact of updating the provisions relating to Subchapter S cannot be determined be-

2370

JOURNAL OF THE SENATE

cause the number of corporations and the amount of income which would be involved cannot be identified or estimated.

/s/ W. M.Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Lester of the 23rd moved that HB 1016 be placed on the Table.

Senator Lester of the 23rd asked unanimous consent to withdraw his motion to table, and the consent was granted.

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 1016 (LC 14 3398S/1) as follows:
By striking the figure "1984" where is appears in line 5 and line 7 on Page 2 and inserting in lieu thereof in line 5 and line 7 on Page 2 the figure "1983".

Senator Phillips of the 9th offered the following amendment:

Amend HB 1016 by striking on Page 3, Section 6 and adding a new Section 6 as follows:
"Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Sections 4 and 5 of this Act shall become effective on January 1, 1986 and shall apply to all taxable years beginning on or after January 1, 1986 and upon its approval by the Governor or upon its becoming law without his approval."

Senator Phillips of the 9th offered the following amendment:

Amend HB 1016 by adding after the word "corporations" on line 4 of Page 1 the following:
"and individuals".
By adding after the semicolon on line 4 of Page 1 the following:
"to change the rate of income taxation of corporations and individuals;".
By striking Sections 3 and 4 and inserting new Sections 3, 4, 5, 6, and 7 to read as follows:
"Section 3. Said title is further amended by striking from para graph (14) of Code Section 48-1-2, relating to definitions, the following:

THURSDAY, FEBRUARY 23, 1984

2371

'January 1, 1981',
wherever the same appears, and inserting in lieu thereof the following:
'January 1, 1984'.
Section 4. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 48-7-20, relating to rate of income tax ation of individuals, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables:

SINGLE PERSON

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $750.00 ............

1%

Over $750.00 but not over $2,250.00 ..................... $7.50 plus 2% of amount over $750.00
Over $2,250.00 but not over $3,750.00 ................... $37.50 plus 3% of amount over $2,250.00
Over $3,750.00 but not over $5,250.00 ..................... $82.50 plus 4% of amount over $3,750.00
Over $5,250.00 but not over $7,000.00 ..................... $142.50 plus 5% of amount over $5,250.00
Over $7,000.00 but not over $14,000.00 .................... $230.00 plus 6% of amount over $7,000.00
Over $14,000.00 ................ $650.00 plus 7% of amount over $14,000.00

MARRIED PERSON FILING A SEPARATE RETURN

If Georgia Taxable

Net Income Is:

The Tax Is:

Not over $500.00 ................

1%

Over $500.00 but not over $1,500.00 ... . . ........... $5.00 plus 2% of amount over $500.00
Over $1,500.00 but not over $2,500.00 .................... $25.00 plus 3% of amount over $1,500.00
Over $2,500.00 but not over $3,500.00 .................... $55.00 plus 4% of amount over $2,500.00
Over $3,500.00 but not over $5,000.00 ..................... $95.00 plus 5% of amount over $3,500.00

2372

JOURNAL OF THE SENATE

Over $5,000.00 but not over $10,000.00 .................... $170.00 plus 6% of amount over $5,000.00
Over $10,000.00 ................. $470.00 plus 7% of amount over $10,000.00

HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $1,000.00 ...........

1%

Over $1,000.00 but not over $3,000.00 ..................... $10.00 plus 2% of amount over $1,000.00
Over $3,000.00 but not over $5,000.00 ..................... $50.00 plus 3% of amount over $3,000.00
Over $5,000.00 but not over $7,000.00 ..................... $110.00 plus 4% of amount over $5,000.00
Over $7,000.00 but not over $10,000.00 .................... $190.00 plus 5% of amount over $7,000.00
Over $10,000.00 but not over $20,000.00 .................... $340.00 plus 6% of amount over $10,000.00
Over $20,000.00 ................. $940.00 plus 7% of amount over $20,000.00'

Section 5. Said title is further amended by striking from subsection (a) of Code Section 48-7-21, relating to income taxation of corporations, the following:
'6 percent',
and inserting in lieu thereof the following:
'7.5 percent'.
Section 6. Sections 3, 4, and 5 of this Act shall become effective Janu ary 1, 1985, and shall apply to all taxable years beginning on or after Janu ary 1, 1985. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed."

Senator Phillips of the 9th offered the following amendment:

Amend the amendment No. 2 offered by Senator Phillips of the 9th to HB 1016 by changing on Page 3, line 22, the year "1985" to "1986".

THURSDAY, FEBRUARY 23, 1984

2373

On the adoption of the amendment offered by the Senate Committee on Banking and Finance, the yeas were 37, nays 0, and the amendment was adopted.

Senator Phillips of the 9th asked unanimous consent to withdraw the three amend ments offered by him; the consent was granted and the amendments were withdrawn.

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 Bowen 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 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 Walker

Those not voting were Senators:

Barker Bond Brannon

Foster Hudgins

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Allgood of the 22nd moved that the Senate stand in recess until 12:00 Midnight at which time the Senate would stand adjourned pursuant to HR 829, adopted previously, until 10:00 o'clock A.M. on Monday, February 27, and the motion
prevailed.

2374

JOURNAL OF THE SENATE

At 5:50 o'clock P.M., the President announced the Senate would stand in recess
until 12:00 Midnight at which time the Senate would stand adjourned pursuant to HR 829, adopted previously, until 10:00 A.M. on Monday, February 27.

MONDAY, FEBRUARY 27, 1984

2375

Senate Chamber, Atlanta, Georgia Monday, February 27, 1984 Thirty-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 Barker of the 18th reported that the Journal of the proceedings of Thurs day, February 23, 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 substitute, by the requisite constitutional majority the following bills of the Senate:

SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings.

SB 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 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.

2376

JOURNAL OF THE SENATE

SB 175. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Code Section 20-2-922 of the Official Code of Georgia An notated, relating to commencement dates for the public school employees health insurance plan, so as to provide that the State Personnel Board may design and conform the health insurance plan in accordance with whatever amount of funds is appropriated or otherwise made available for the health insurance plan.

SB 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.

SB 63. By Senators Coverdell of the 40th and Trulock of the 10th:
A bill to amend Code Section 28-1-9 of the Official Code of Georgia Anno tated, relating to service in the General Assembly being credited under pen sion plans of political subdivisions when former members of the General As sembly become officials or employees of such political subdivisions, so as to provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system.

SB 167. By Senator Hine of the 52nd:
A bill to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created.

SB 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 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 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.

MONDAY, FEBRUARY 27, 1984

2377

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
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 House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House:
Representatives Adams of the 36th, Lambert of the 66th and Isakson of the 21st.
The House has passed, as amended, by the requisite constitutional majority the following bill 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.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1571. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change the compensation of the chairman of said board.
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.

2378

JOURNAL OF THE SENATE

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 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 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 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.

The House has agreed to the Senate substitutes to the following bills of the House:

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 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

MONDAY, FEBRUARY 27, 1984

2379

the requirement of licenses for branch offices; to change provisions for grounds for refusal to grant licenses.

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.

HB 1641. By Representatives Auten of the 156th and McVeigh of the 155th:
A bill to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work.

The House has agreed to the Senate substitute to the following resolution of the House:

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.

The House has agreed to the Senate amendment to the following resolution of the House:

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.

The House has agreed to the Senate substitute to the following bills of the House:

HB 1324. By Representative Colbert of the 23rd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for staggered terms of members of the board of trustees of the county-wide system.

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.

2380

JOURNAL OF THE SENATE

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.

HB 1418. By Representative Bishop of the 94th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable counties and municipal corporations, so as to provide that a copy of any submission made by a county or municipality to the United States Department of Justice pursuant to Section 5 of the Federal Voting Rights Act of 1965 shall be transmitted to the Attorney General.

The House has agreed to the Senate amendments to the following bills of the House:

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 1274. By Representatives Argo of the 68th, Logan of the 67th and Milford and Clark of the 13th:
A bill to repeal "An Act to provide for a board of elections in certain counties."

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 jeaves 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.

MONDAY, FEBRUARY 27, 1984

2381

The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.
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.
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.
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.
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.
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.

2382

JOURNAL OF THE SENATE

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.

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.

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 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 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 House has agreed to the Senate substitute to the following resolution 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 following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow-

MONDAY, FEBRUARY 27, 1984

2383

ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 635. Do pass by substitute.
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 and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1500. HB 1514. HB 1515. HB 1537. HB 1540. H,,rB, i1c5-7,6,. HB 1589.
HB 1602.
HB 1611.

Do pass. Do pass. Do pass. Do pass. Do pass. ,D-vo pass uby subi. stitute. Do pass.
Do pass as amended.
Do pass.

HB 1652. HB 1655. HB 1659. uHB_ ,1,6,6.4.
HB 1665. HB 1682' HB 1683. HR 734.

Do pass. Do pass as amended. Do pass by substitute. _Do pass.
Do pass. Do Pass as amendedDo pass by substitute. Do pass by substitute.

Respectfully submitted,

Senator Scott of the 43rd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 592. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Human Resources 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:

2384

JOURNAL OF THE SENATE

HR 623.

Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HR 794. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

The following bills and resolutions of the House were read the second time:

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.

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 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.

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

MONDAY, FEBRUARY 27, 1984

2385

Executive or a member of the commission qualifies for nomination or elec tion to other elective public office.

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.

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.

HB 1576. By Representatives Clark of the 55th, Redding of the 50th, Williams of the 54th and others:
A bill to provide for the number and election of the magistrates of the Mag istrate Court of DeKalb County.

HB 1589. By Representative Walker of the 85th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

HB 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.

HB 1611. By Representatives Thompson, Burruss and Wilson of the 20th and others.
A bill to amend an Act creating the Cobb County-Marietta Water Author ity so as to change the composition of the membership of the authority.

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JOURNAL OF THE SENATE

HB 1652. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Lamar County.

HB 1655. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Butts County.

HB 1659. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to create new commissioner districts for the election of commissioners.

HB 1664. By Representatives Dean of the 29th and Bolster of the 30th:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment which exempts certain capital improvements of the Cabbagetown Historic District eco nomic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes for a period of seven years following their establishment or addition.

HB 1665. By Representatives Wilson, Burruss, Cooper and others of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.

HB 1682. By Representative Adams of the 79th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to create new commissioner districts for the election of commissioners.

HB 1683. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts.

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 623. By Representatives McKinney of the 35th, Childers of the 15th, Selman of the 32nd and others:
A resolution creating the Joint Committee to Study the Creation of Sepa rate Mental Health and Mental Retardation Divisions.

MONDAY, FEBRUARY 27, 1984

2387

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.

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 600. By Representatives Phillips of the 125th and Triplet! of the 128th:
A bill to repeal an Act relating to the compensation of the clerk of the Probate Court of Chatham County; to provide that the clerk of the Superior Court of Chatham County shall serve as the clerk 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 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.

The report 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 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2388

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 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.
The report 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 1615. By Representative Phillips of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education", so as to provide for competitive bidding on all materials, equip ment, and supplies in excess of $1,500.00 by Board of Education of Harris 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 1630. By Representative Bailey of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, 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.

MONDAY, FEBRUARY 27, 1984

2389

HB 1635. By Representative Karrh of the 109th:
A bill to provide for a chief magistrate and a magistrate of the Magistrate Court of Candler 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 1638. By Representative Mostiler of the 75th:
A bill to amend an Act abolishing the fee system as the mode of compensa tion of the coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1640. By Representative Bray of the 91st:
A bill to amend an Act providing a new charter for the City of Talbotton, so as to completely revise the charter of the city and provide a new charter for said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1642. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the compensation of the judge and solicitor of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2390

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1654. By Representatives Isakson of the 21st, Thompson of the 20th, Cooper of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1658. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the board of education of Upson County, so as to change the composition of 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 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1662. By Representative Adams of the 79th:
A bill to provide for the appointment of the Upson County Superintendent of Schools by the board of education of Upson 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.

MONDAY, FEBRUARY 27, 1984

2391

HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to abolish the office of treasurer of Ware County; to provide for the county depositories.

The report 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 1670. By Representatives Wilson and Burruss of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report 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 1672. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the compensation of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1673. By Representatives Moody and Byrd of the 153rd:
A bill to incorporate the City of Santa Claus in the County of Toombs and provide a charter therefor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1674. By Representatives Childers and McKelvey of the 15th and Caldwell of the 16th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the provisions relating to salaries of members of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1675. By Representative Ray of the 98th:
A bill to amend an Act creating a board of commissioners for Peach County, so as to authorize the governing authority to regulate rate of charge for water and sewer services provided by any privately owned water and sewer company operating or conducting business within Peach 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 1676. By Representatives Hasty and Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the Town of Nelson, so as to provide for the election of the mayor and councilmen of the Town of Nelson.

The report 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.

MONDAY, FEBRUARY 27, 1984

2393

HB 1677. By Representatives Colwell and Twiggs of the 4th: A bill to create the Gilmer County Water and Sewerage 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 1678. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff; to change the compensation of deputy sheriffs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1679. By Representative Bray of the 91st:
A bill to make provisions for the Magistrate Court of Talbot County; to provide that the judge of the Probate Court of Talbot County shall serve as the chief magistrate of Talbot 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 1680. By Representative Reaves of the 147th:
A bill to make provisions for the Magistrate Court of Echols County; to provide that the judge of the Probate Court of Echols County shall serve as the chief magistrate of Echols County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2394

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1685. By Representatives Byrd and Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act relating to the board of education of Toombs County, so as to provide for the election of members of the Toombs County 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.

HB 1686. By Representatives Colwell and Twiggs of the 4th: A bill to reincorporate the City of Blairsville in the County of Union.

The report 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 869. By Representative Phillips of the 93rd:
A bill to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees from all persons, firms, and corporations doing business in the unincorporated areas of Harris County.

The Senate Committee on Federal, State, and Community Affairs offered the fol lowing substitute to HB 869:

A BILL
To be entitled an Act to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees from all persons, firms, and corporations doing business in the unincor porated areas of Harris County; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 27, 1984

2395

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The board of commissioners of Harris County, Georgia, as the governing authority of said county, is authorized and empowered to levy, assess, and collect annual license fees not to exceed $100.00 from each per son, firm, and corporation doing business in the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the O.C.G.A. The limitation shall not apply to licenses for the sale of alcoholic beverages. The governing authority is further authorized and empowered to classify all such businesses and business enterprises and to assess different license fees against different classes of business being conducted in the unin corporated areas of said county; and, in order to provide for the public wel fare, health, and security of the people of Harris County. The governing authority is further authorized and empowered to regulate and exercise po lice powers over any businesses operated or conducted within the unincorpo rated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the O.C.G.A. The governing authority is further authorized and empowered to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such reg ulations adopted by said governing authority of Harris County shall consti tute a misdemeanor punishable upon conviction thereof as prescribed by 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 50, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1634. By Representatives Mueller of the 126th and Triplett of the 128th: A bill to create the Board of Elections of Chatham County.

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JOURNAL OF THE SENATE

Senators Scott of the 2nd, Bryant of the 3rd and Coleman of the 1st offered the following substitute to HB 1634:
A BILL
To be entitled an Act to create the Board of Elections of Chatham County; to provide for the membership of said board; to provide for the qualifications of the members of said board; to provide for election of certain members and for a chairman of the board; to provide restrictions on holding office as a member of the board; to provide for filling vacancies; to provide for chief administrative officers of the board and for the powers, duties, and compensation of said officers; to provide for the compensation of the mem bers and chairman of the board; to authorize the funding of salaries and benefits; to provide that the board shall exercise the powers and duties of election superintendents as provided in the Georgia Election Code; to pro vide for definitions; to provide for the intention of the General Assembly; to provide for other matters relative to the foregoing; to repeal a specific 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. (a) The Board of Elections of Chatham County is created. The Board of Elections, hereinafter referred to in this Act as the "board," shall be composed of five members, each of whom shall be an elector of Chatham County, a resident of said county at least two years, and at least 25 years of age at the time of assuming office.
(b) As used in this Act, the term "Georgia Election Code" means Chapter 2 of Title 21 of the O.C.G.A.
Section 2. (a) The first members of the board provided for by this Act shall be the five members of the board of elections serving in Chatham County on June 30, 1984, pursuant to 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, approved April 18, 1973 (Ga. L. 1973, p. 3697), as amended, by an Act approved March 28, 1974 (Ga. L. 1974, p. 3530), an Act approved March 16, 1978 (Ga. L. 1978, p. 3778), an Act approved April 11, 1979 (Ga. L. 1979, p. 3604), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 3940). The members serving pursuant to the Act cited above shall serve until December 31, 1986. Successors shall be elected as provided in subsection (b) of this section.
(b) The two political parties which received the highest votes cast for Governor at the 1982 general election shall each conduct an election at the 1986 general primary for the election of two members of the board. The candidates for each of said parties shall qualify to run in the primary in accordance with the rules prescribed for the election of political party candi dates in the Georgia Election Code. The winners of each of the primaries of the political parties and runnoff if necessary shall take office as members of the board on January 1, 1987, for terms of four years and until their succes sors are elected and qualified. Such winners shall be certified by the board in office at the time of the primaries to the clerk of the superior court of Chatham County and to the Secretary of State. Such winners, upon taking office, shall take an oath substantially the same as the oath required by law for county registrars to take office. Thereafter, pursuant to the same proce-

MONDAY, FEBRUARY 27, 1984

2397

dures and requirements set forth in this subsection, successors shall be elected at the general primary and runoff if necessary immediately preced ing the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(c) The four members of the board elected as provided in subsection (b) of this section shall appoint a fifth member, who shall be the chairman of the board. The term of office of the chairman shall coincide with the terms of office of the elected members of the board as provided for in sub section (b) of this section. The elected members of the board shall appoint the chairman within 30 days following their election. If, at the end of such 30 day period, such members have not been able to agree upon the appoint ment of a chairman, the chairman shall be appointed by a committee com posed of the senior superior court judge of the Eastern Judicial Circuit, the chairman of the board of county commissioners of Chatham County, the judges of the State Court of Chatham County, the foreman of the grand jury of Chatham County, and the chairman of the grand jury conference committee of Chatham County.
(d) No member of the board shall preside over any general or special primary, election, or runoff in which the member is an opposed candidate for office other than as a candidate for reelection to membership on the board. If a member shall be so disqualified, then the executive committee of the political party which elected the member shall appoint an interim mem ber who is not a candidate in said primary to serve until the successor is elected and qualified. If the chairman of the board shall be so disqualified, the interim appointment shall be by the governing authority of Chatham County but for no longer than ten days immediately following the next gen eral primary or runoff if one is necessary. Such interim chairman shall serve until a successor is chosen and qualified.
(e) No person who holds elective or appointive office, or is a salaried employee of the governing authority of Chatham County or of a municipal ity located within said county, or any member of the board of education of Chatham County, or any member of any commission appointed by the gov erning authority or any municipality located within Chatham County shall be eligible for appointment or election to the board if the person has so served within three months immediately preceding the person's becoming a member of the board in the case of the chairman or within three months immediately preceding the person's qualifying to run for any position on the board in the case of members other than the chairman; provided, however, any member of the board shall be eligible for reelection to the board.
(f) In the event any vacancy shall occur for any reason, the party which elected the member in which the vacancy shall occur shall appoint a quali fied person to fill the vacancy for the unexpired term. In the event any va cancy shall occur for any reason in the office of chairman, the remaining members of the board shall appoint a chairman within 30 days following the occurrence of the vacancy. If, at the end of such 30 day period, such mem bers have not been able to agree upon the appointment of a chairman, the chairman shall be appointed by the same committee specified by subsection

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JOURNAL OF THE SENATE

(c) of this section to appoint the chairman when the other members of the board fail to act.
(g) A member of the board may be removed from office for misfeasance or malfeasance in office on the grounds of and in the manner prescribed for the removal of clerks of the superior court as provided in Code Section 15-682 of the O.C.G.A.
Section 3. (a) There shall be two chief administrative officers who shall be appointed by the board. Such persons shall be designated "election supervisors." Said election supervisors shall possess the same qualifications as provided for board members in Section 1 of this Act. The election super visors shall serve at the pleasure of the board, except that the board may not replace the election supervisors within 30 days of any primary, referendum, or election unless the election supervisors resign or become disqualified to serve. The election supervisors shall have such duties and responsibilities as shall be prescribed by the board by rules and regulations which shall be consistent with the provisions of the Georgia Election Code. The board shall fix the compensation and benefits of the election supervisors.
(b) The board shall employ such clerical assistants as is provided for by the governing authority of Chatham County within the budget approved pursuant to paragraph (11) of Code Section 21-2-70 of the O.C.G.A.
Section 4. The salary of the chairman of the board shall be not less than $4,800.00 per annum, the exact amount to be fixed by the governing authority of Chatham County; the salary of each of the four members shall be not less than $2,400.00 per annum, the exact amount to be fixed by the governing authority of Chatham County. The governing authority of Chat ham County shall be authorized to provide funding for salaries and employ ment benefits as are afforded other employees of the governing authority.
Section 5. Whenever any word used in this Act is defined by Code Section 21-2-2 of the Georgia Election Code, such word shall have the meaning therein defined, and any interpretation of this Act shall be gov erned by the Georgia Election Code. It is the intention of this Act to imple ment and carry out the authority provided by subsection (b) of Code Section 21-2-40 of the Georgia Election Code.
Section 6. 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, approved April 18, 1973 (Ga. L. 1973, p. 3697), as amended, by an Act approved March 28, 1974 (Ga. L. 1974, p. 3530), an Act approved March 16, 1978 (Ga. L. 1978, p. 3778), an Act approved April 11, 1979 (Ga. L. 1979, p. 3604), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 3940), is repealed in its entirety.
Section 7. This Act shall become effective on July 1, 1984.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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2399

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.

HB 1636. By Representative Karrh of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the composition of the seven single-member election districts.

Senator English of the 21st offered the following amendment:

Amend HB 1636 by striking from lines 26 and 27 of Page 1 the following:
"the 395th Election Precinct and the Cross-Green Election Precinct",
and inserting in lieu thereof the following:
"and the 395th Election Precinct."
By striking from line 5 of Page 2 the following:
"and the 57th Election Precinct",
and inserting in lieu thereof the following:
"the 57th Election Precinct, and the Cross-Green Election Precinct".

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.

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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 as amended.
HB 1650. By Representatives Waddle of the 113th and Watson of the 114th: A bill to create the Houston County Water and Sewer Study Commission.
The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:
Amend HB 1650 by striking from Section 6, beginning on line 26 of Page 5, the following:
"in equal amounts",
and inserting in lieu thereof the following:
"on the same basis that the cost and expenses were shared by the two cities and county pursuant to the provisions of Section 4".
On the adoption of the amendment, the yeas 50, 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The President called for the morning roll call, and the following Senators an swered to their names:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Dawkins English Engram Fincher Foster Gillis Harris Hill Hine Horton Howard Hudgins Huggins

Kennedy Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd

MONDAY, FEBRUARY 27, 1984

2401

Starr Stumbaugh Thompson

Timmons Trulock Turner

Tysinger Walker

Those not answering were Senators:

Coggin Coverdell Deal

Dean Garner (excused) Greene

Harrison Holloway Tate

Senator Land of the 16th introduced the chaplain of the day, Reverend Charles Dennis, pastor of Striplin Terrace United Methodist Church, Columbus, Georgia, who offered scripture reading and prayer.

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 24, 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 February 20, 1984, as of 3:00 P.M. this date. The list is numbered 544 through 550.
With best wishes, I am
Sincerely,
/s/ Max Cleland
Attachment:
Received by /s/ Hamilton McWhorter, Jr.

2402

JOURNAL OF THE SENATE

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 544 through 550, who have registered in the Docket of Legisla tive Appearance as of February 24, 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 24th day of February, 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

544. Robert D. Blythe Prime Cable of Ga. Ltd. 1038 W. Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 873-5000
545. Bobbie Paul Candler Park 405 Callan Circle, N.E. Atlanta, Georgia 30307 (404) 377-6896
546. Jane Diamond Candler Park Neighborhood 439 Candler St., N.E. Atlanta, Georgia 30307 (404) 577-3871
547. Emory Gene Bryan J & G Productions Route 1 Sumner, Ga. 31789 (912) 776-5296
548. Judy Yates East Atlanta Neighborhoods 1112 Springdale Road Atlanta, Georgia 30306 (404) 373-2125
549. Wayne W. Stageman The Southland Corporation 2828 N. Haskell Avenue Box 719 Dallas, Texas 75221

MONDAY, FEBRUARY 27, 1984

2403

550. Robert C. Boone Gulf Oil Corporation
1375 Peachtree St., N.E. Atlanta, Georgia 30309 (404) 897-7740

Senator Greene of the 26th introduced the doctor of the day, Dr. John Souma, of Macon, Georgia.

The following resolutions of the Senate were read and adopted:

SR 462. By Senators Scott of the 2nd and Coleman of the 1st: A resolution commending William C. Fleetwood.

SR 463. By Senator Dean of the 31st: A resolution commending Sheriff Seals Swofford.

SR 464. By Senators Greene of the 26th and Harris of the 27th: A resolution commending William Arthur Pickling.

SR 465. By Senator Kidd of the 25th: A resolution commending the Georgia Police Dog Association.

SENATE RULES CALENDAR

Monday, February 27, 1984

THIRTY-NINTH LEGISLATIVE DAY

HB 890 HB 891 HB 899 HB 1472 HB 915 HB 1023 HB 1090

House Clerk--Speaker appoint person in event of vacancy (AMENDMENT) (Gov Op--25th)
General Assembly--change provisions on hour of meeting (Gov Op--25th)
Copying Fees of Secretary of Senate and Clerk of House--state funds (SUBSTITUTE) (Gov Op--25th)
Campus Policemen--redefine "campus" (H Ed--43rd)
Superior Court Clerks--records authorized to be maintained (Gov Op--25th)
Tangible Personal Property Tax--exemption application deadline (SUBSTITUTE) (B&F--14th)
Sheriff Using Personal Vehicle in Law Enforcement--use flashing blue lights (Pub Saf--28th)

2404

JOURNAL OF THE SENATE

HB 1220 HB 144 HB 894 HB 1033 HB 988 HB 1328 HB 1362 SR 447 HR 248 HB 451 HB 457 HB 1369 HR 708 HB 905 HB 1159 HB 975 HB 1011 HB 1114 HB 1216 HB 1271 HB 1053

False Certification of Automobile Insurance--provisions for re-insur ing one convicted (Ins--55th)
Employees' Retirement--credit for certain military service (Ret--8th)
Workers' Compensation--business owner may elect to be employee (I&L--19th)
Pardons and Paroles Board--secretary not required to be board member (Judy--49th)
Special Master--change provisions on filing of oath (J&CL--33rd)
Application for Hospital Staff Privileges--additional standards for acting on (Hum R--39th)
Hotel-Motel Tax--change limitation on aggregate amount which may be levied (B&F--42nd)
Electric Membership Corporation Satellite Television Study Com mittee--create (Rules--4th)
Structure of Financial Institutions Study Committee--create (Gov Op--25th)
Administrative Services Department--rules on maintenance, repair of motor vehicles (Gov Op--30th)
Radiation Control--Department of Human Resources collect civil penalties for violations (Hum R--26th)
Insurance for School Children--local boards of education obtain (Ed--9th)
Joint Hospital Care for the Indigent Study Committee--create (AMENDMENT) (Hum R--42nd)
Psychologists--redefine "to practice applied psychology" (AMEND MENT) (Hum R--42nd)
City Voter Registration--voters complete only one registration card (Gov Op--25th)
Peace Officers' Annuity and Benefit Fund Board of Commissioners-- composition (Ret--8th)
Administration of Estates--when administrator should give bond (SUBSTITUTE) (J&CL--48th)
Certified List of Electors--cost of furnishing computer list (Gov Op--25th)
Local Hospital Authorities--members' compensation (Hum R--42nd)
Certain Civil Actions--service by second original (Judy--33rd)
Marriage License--change county in which may be issued (J&CL--45th)

MONDAY, FEBRUARY 27, 1984

2405

HB 1294 HR 710
HR 652 HB 978
HB 1209 HB 1290
HB 1118
HB 1215 HB 1568 HB 986 HB 979
HB 1264
HB 1442 HB 951
HR 645 HB 1201
HB 414 HB 1112 HR 589
HR 713 HB 434

Conviction of Crime under Controlled Substances Act--lose pesticide license (Ag--24th)
Sidney J. Marcus Annex at World Congress Center--designate (Gov Op--25th)
Unemployment Tax Act--urge Congress to amend (I&L--19th)
Superior Court Clerks' Retirement Fund Board of Commission ers--composition (Ret--8th)
Three-Wheeled Motorcycles Used for Agricultural Purposes--license exempt (AMENDMENT) (Trns--49th)
Acquisition, Loss of Property--revise provisions on escheat (J&CL--49th)
Election Code--public office not include soil, water conservation dis trict supervisors (Gov Op--20th)
Campus Policemen--provide witness fees for (J&CL--19th)
Motorcycles--amount of license fee (Trns--35th)
Magistrate Court Appeals--may be had to state court (Judy--52nd)
Probate Court Judges' Retirement Fund Board of Commission ers--composition (Ret--8th)
State Officers, Employees--documentation, accounting for expenses (SUBSTITUTE) (AMENDMENTS) (Approp--42nd)
City Court Judges--residence requirement (Judy--52nd)
Innkeepers--change provisions on liability for valuables of guests (SUBSTITUTE) (ED&T--20th)
Cobb County--conveyance of certain property to Board of Regents (Pub U--33rd)
Driver's License Suspension for No Insurance--restoration fee (Trns--28th)
Surplus Property--no monthly report required (Pub U--51st)
Real Estate Transfer Tax--exemption for division of jointly owned property (B&F--23rd)
Agricultural Property--qualifying for preferential assessment (AMENDMENT) (B&F--20th)
Ensign Ashley D. Morris Memorial Bridge--designate (Trns--7th)
DeKalb-Fulton County--costs for superior court clerk's services (J&CL--42nd)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

2406

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 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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 890 by adding in the title on line 7 of Page 1, between the word and symbol "office;" and the words "to provide", the following:
"to provide for vacancies in the office of Secretary of the Senate;".
By adding at the end of Section 1 on line 26 of Page 1, following the sentence which ends with the word "term" and preceding the quotation mark, the following:
"In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve for the remainder of the unexpired term."
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of 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

Bryanl Burton Cobb Coggin Coleman Covcrdell Dawkins Deal Dean English Engrain Finchcr Foster Gillis Greenc

MONDAY, FEBRUARY 27, 1984

2407

Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land tester 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:

Garner (excused)

Starr

Timmons

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
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.
Senate Sponsor: Senator Kidd of the 25th.
Senator Cobb of the 28th offered the following substitute to HB 891:
A BILL
To be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change the provisions relating to the hour and place of meetings of the General Assembly; to provide for time limitations on the introduction, consideration, and passage of local bills; to repeal con flicting laws; and for other purposes.

2408

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia An notated, relating to general provisions pertaining to the General Assembly, is amended by striking Code Section 28-1-2, relating to the time and place of meetings of the General Assembly, in its entirety and inserting in lieu thereof a new Code Section 28-1-2 to read as follows:
"28-1-2. The meetings of the General Assembly shall be held as pre scribed in Article III, Section IV, Paragraph I of the Constitution of Georgia. The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the Senate. The House of Representatives shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The General As sembly shall meet at the state capitol, unless otherwise provided by a resolution adopted by the Senate and the House of Representatives."
Section 2. Said chapter is further amended by designating the present language of Code Section 28-1-14, relating to notice to be given prior to introduction of local bill, as subsection (a) and adding a new subsection (b) to read as follows:
"(b) No local bill shall be considered or acted upon in any manner by either the Senate or the House of Representatives after the thirty-fifth day of any session of the General Assembly."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cobb of the 28th offered the following amendment:

Amend the substitute to HB 891 offered by Senator Cobb of the 28th by striking on Page 1, line 24 after "capitol" the following:
"unless otherwise provided by a resolution",
and by striking line 25, Page 1.
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 5, nays 30, and the substitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 27, 1984

2409

On the passage of 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 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:

Garner (excused)

Howard

Kennedy (presiding)

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Trulock of the 10th asked unanimous consent that Senator Garner of the 30th be excused from the Senate today due to a death in his family; the consent was granted, and Senator Garner of the 30th was excused.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Kidd of the 25th.

2410

JOURNAL OF THE SENATE

The Senate Committee on Governmental Operations offered the following substi tute to HB 899:

A BILL
To be entitled an Act to amend Code Section 28-3-24 of the Official Code of Georgia Annotated, relating to the fees of the Secretary of the Sen ate and the Clerk of the House of Representatives for copying extracts and certifying extracts and Acts, so as to change the provisions relating to fees charged for copying extracts and certifying extracts and Acts; to provide that such fees shall be state funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-3-24 of the Official Code of Georgia An notated, 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, is amended by striking said Code section in its entirety and in serting in lieu thereof a new Code Section 28-3-24 to read as follows:
28-3-24. (a) The Senate Committee on Administrative Affairs shall prescribe fees which the Secretary of the Senate shall charge for copying extracts of a private nature, certifying extracts of a private nature, and certifying Acts for the benefit of an individual, corporation, or society. Such Senate Committee on Administrative Affairs may provide certain exemptions with respect to fees charged. The Speaker of the House of Representatives shall prescribe fees which the Clerk of the House of Representatives shall charge for copying extracts of a private nature, cer tifying extracts of a private nature, and certifying Acts for the benefit of an individual, corporation, or society. The Speaker of the House of Rep resentatives may provide certain exemptions with respect to fees charged.
(b) Such fees shall be state funds and shall be remitted to the Fiscal Division of the Department of Administrative Services by the fifteenth day of each month for the preceding month by the Secretary of the Sen ate and the Clerk of the House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

MONDAY, FEBRUARY 27, 1984

2411

On the passage of 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 Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kidd Land Lester

Those not voting were Senators:

McGill McKenzie Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Coverdell English Garner (excused)

Howard Hudgins Kennedy (presiding)

Peevy Perry Starr

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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".
Senate Sponsor: Senator Scott of the 43rd.

2412

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kidd Lester

McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Garner (excused) Hudgins

Kennedy (presiding) Land

Perry Starr

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 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.
Senate Sponsors: Senators Kidd of the 25th and Deal of the 49th.

MONDAY, FEBRUARY 27, 1984

2413

Senator Hine of the 52nd offered the following substitute to HB 915:

A BILL
To be entitled an Act to amend Code Section 9-12-60 of the Official Code of Georgia Annotated, relating to dormancy of judgments and general execution dockets, so as to provide that when an entry is made on an execu tion or when notice of an effort to enforce an execution is filed for record, such execution shall be rerecorded in the current general execution docket if the original execution is recorded in a general execution docket other than the current docket; to provide that in such a case an appropriate notation shall be made upon the original execution; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, so as to provide that certain additional funds charged and collected in each civil or criminal action, case, or proceeding shall be remit ted in proportions to the state treasury and to a special account of the county treasury; to provide that such special account of the county treasury shall be used for the purposes of paying salaries and supplements to the judges of the superior courts, district attorneys, assistant district attorneys, clerks of court, or for indigent defense costs; to increase the deposit in all civil actions; to provide for an additional nonrefundable fee in all civil or criminal actions; to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to the authorized collection of additional costs in court cases, so as to increase the maximum amount of costs per case assessed for a law library; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-12-60 of the Official Code of Georgia An notated, relating to dormancy of judgments and general execution dockets, is amended by adding a new subsection (c) to read as follows:
"(c) When an entry on an execution or a written notice of public effort is filed for record and the original execution is recorded in a gen eral execution docket other than the current general execution docket, the original execution shall be rerecorded in the current general execu tion docket with all entries thereon. When an original execution is so rerecorded, a notation shall be made upon the original execution which states that it has been rerecorded and gives the book and page number where the execution has been rerecorded. When an original execution is so rerecorded in the current general execution docket, it shall be indexed in the current general execution docket in the same manner as if it were an original execution. Nothing in this subsection shall affect the priority of any judgment or lien; and no judgment or lien shall lose any priority because an execution is rerecorded."

2414

JOURNAL OF THE SENATE

Section 2. Code Section 15-6-77 of the Official Code of Georgia An notated, relating to fees of clerks of the superior courts, is amended by strik ing in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) (1) The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury.

(2) Notwithstanding the provisions of paragraph (1) of this subsec tion, the fees collected in civil cases under the provisions of paragraph (13) of subsection (b) of this Code section and the fees collected in crimi nal cases under the provisions of paragraph (9) of subsection (f) of this Code section shall be separately accounted for by each clerk of superior court. Each clerk of superior court, whether compensated on a fee basis or salary basis, shall remit two-thirds of such fees to the treasury of the state and shall pay one-third of such fees into a special account of the county treasury. Funds in such special account of the county treasury shall be county funds but shall be used for the purposes of paying sala ries and supplements, as may be determined from time to time, to the judge or judges of superior court, the district attorney, the assistant dis trict attorneys, or for paying the costs of indigent legal defense."

Section 3. Code Section 15-6-77 is further amended by striking in its entirety paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:

"(1) Before filing any civil case or proceeding, in accordance with Code Section 9-15-4, a deposit of ......................... $

35.00

The deposit required by this paragraph shall be the total deposit collectable by the clerk for filing any civil case or proceeding. Such deposit shall not be required if the party desiring to file such case or proceed ing is unable, because of his indigence, to pay such deposit and such party files with the clerk an affidavit to such effect, as pro vided by law. Nothing contained in this paragraph shall be deemed to require such deposit of the state, its agencies, or politi cal subdivisions."

MONDAY, FEBRUARY 27, 1984

2415

Section 4. Code Section 15-6-77 is further amended by adding at the end of subsection (b) a new paragraph (13) to read as follows:

"(13) In addition to all other legal costs charged and collected in each civil action, case, or proceeding, a fee, which fee shall notwith
standing the provisions of Code Section 915-4 not be refunded in any circum stances, in the amount of..............

15.00"

Section 5. Code Section 15-6-77 is further amended by adding at the end of subsection (f) a new paragraph (9) to read as follows:

"(9) In addition to all other legal costs charged and collected in each criminal action, case, or proceeding, a fee, which fee shall be
collected in accordance with Article 1 of Chapter 11 of Title 17, in the amount of

15.00"

Section 6. Code Section 36-15-9 of the Official Code of Georgia An notated, relating to the authorized collection of additional costs in court cases, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $3.00 in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the forego ing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of rec ord, except recorders' or police courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and col lected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeit ures fund of the court in which the case is filed, before any other dis bursement or distribution of such fines or forfeitures is made.

In any county having a population of more than 550,000 according to the United States decennial census of 1980 or any future such census, the power and authority provided in this subsection for the chief judge
shall be exercised by the superior court judge who has the most service as a superior court judge."

Section 7. All laws and parts of laws in conflict with this Act are repealed.

2416

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 9, nays 25, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Garner (excused)

Howard Hudgins

Starr Tate

On the passage of the bill, the yeas were 50, 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 adopted the report of the Committee of Conference on the follow ing bill of the House:

MONDAY, FEBRUARY 27, 1984

2417

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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

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 House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

2418

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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.
Senate Sponsor: Senator McKenzie of the 14th.

The Senate Committee on Banking and Finance offered the following substitute to HB 1023:

A BILL
To be entitled an Act 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; 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 48-5-48.1 of the Official Code of Georgia An notated, relating to applications for exemptions from ad valorem tax for in ventories of tangible personal property, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia shall file written application and schedule of property with the tax re ceiver or tax commissioner charged with the duty of receiving returns of property for taxation on forms to be furnished by such tax official. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commis sioner of the county in which the property is located closes his books for the return of taxes."
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.

MONDAY, FEBRUARY 27, 1984

2419

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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins 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

Garner (excused)

Harrison

On the passage of the bill, the yeas were 53, 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 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.

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The House substitute to SB 480 was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest on the part of public officers and employees, so as to provide that county com missioners may sell real property to their counties under certain conditions; to provide for all related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 10 of Title 45 of the Official Code of
Georgia Annotated, relating to conflicts of interest on the part of public officers and employees, is amended by adding a new Part 3 to read as follows:
"Part 3
45-10-60. Notwithstanding any other provision of general or local law, a county commissioner or member of a board of county commission ers may sell real property to the county if all of the following conditions are met:
(1) The real property which is the subject of the sale is adjacent to a landfill owned and operated by the county;
(2) The real property which is the subject of the sale is to be used by the county in connection with the operation of the landfill;
(3) The sale price of the real property does not exceed the lowest of three appraisals of the fair market value of the property made by three appraisers appointed by the probate judge of the county; and
(4) Disclosure of the sale is made as required by Code Section 1610-6."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 480.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Brannon Brantley Brown of 47th Bryant

Burton Cobb Coggin Coverdell

MONDAY, FEBRUARY 27, 1984

2421

Dawkins Deal Dean English Engram
SIT Gillis Greene Harris Hill Hine Holloway

Horton Howard Hudgins Muggins Kennedy
S Lester McGill McKenzie Peevy Perry Phillips

Reddish Scott of 2nd Scott of 36th Scott of 43rd tarr
Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th

Coleman Garner (excused)

Harrison Tate

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 480.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Anno tated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.
Senate Sponsor: Senator Cobb of the 28th.

Senator Cobb of the 28th moved that HB 1090 be placed on the Table.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1090 was placed on the Table.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition-

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ers; to provide a short title; to provide for legislative intent, purpose, and findings.

Senator Barker of the 18th moved that the Senate agree to the House substitute to SB 93.

Senator Holloway of the 12th moved that the House substitute to SB 93 be printed.

On the motion offered by Senator Holloway of the 12th, the yeas were 35, nays 0; the motion prevailed, and the House substitute to SB 93 was ordered printed, and the action on the motion offered by Senator Barker of the 18th was postponed subject to the printing.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1220 by adding after the first semicolon on line 8 of Page 1 the following:
"to provide that benefits under said chapter shall be reduced by workers' compensation benefits only to the extent that workers' compen sation benefits are actually received;".

By renumbering Section 4 as Section 5 and adding a new Section 4 to read as follows:
"Section 4. Said chapter is further amended by striking subsections (b) and (c) of Code Section 33-34-8, relating to reduction or elimination of benefits by reason of entitlement to other benefits, and inserting in their place new subsections (b) and (c) to read as follows:
'(b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obli gated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault

MONDAY, FEBRUARY 27, 1984

2423

under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person actually receives compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obli gated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or elim inated to the extent that the insured injured person actually receives compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person actually receives as compen sation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any ap plicable policy of motor vehicle insurance or under any program of selfinsurance providing such benefits, whichever is less.'"

On the adoption of the amendment, the yeas were 29, nays 5, 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 Coleman Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene Harrison Mine 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

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Voting in the negative were Senators Coggin and Hill.

Those not voting were Senators:

Brown of 47th Fincher

Garner (excused) Harris

Land Tate

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Cobb of the 28th moved that the Senate adhere to the Senate amendment to HB 1292 and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1292.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Cobb of the 28th, Bryant of the 3rd and Allgood of the 22nd.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

MONDAY, FEBRUARY 27, 1984

2425

The Conference Committee report on HB 1068 was as follows:
The Committee of Conference on HB 1068 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1068 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Edward Hine, Jr. Senator, 52nd District
/s/ Glenn E. Bryant Senator, 3rd District
/s/ Terrell Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby Phillips Representative, 125th District
/s/ Kenneth R. Waldrep Representative, 80th District
/s/ Denny M. Dobbs Representative, 74th District

Conference Committee substitute to HB 1068:

A BILL
To be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the membership, terms, and method of filling vacancies in county boards of health; to authorize county boards of health to provide environ mental health services and to charge and collect environmental health ser vice fees under certain conditions; to provide that such fees may be charged to premises for inspecting said premises; to provide for the use of said fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia An notated, relating to county boards of health, is amended by designating sub section (c) of Code Section 31-3-2, relating to composition of county boards of health, as subsection (e) and by striking subsections (a) and (b) thereof and inserting in their place new subsections (a), (b), (c), and (d), to read as follows:
"(a) Each county board of health shall be composed of seven mem bers as follows:
(1) One member shall be the chief executive officer of the governing authority of the county, by whatever name called, or some member desig nated by said officer; in counties where the governing authority is the judge of the probate court of the county, he shall be the member so appointed;
(2) One member shall be the county superintendent of schools;

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(3) One member to be appointed by the governing authority of the county, shall be a physician actively practicing medicine in the county and licensed under Chapter 34 of Title 43, unless there is no physician actively practicing in the county who is willing and able to serve, in which case a person licensed as a nurse or dentist under Chapter 26 or 11, respectively, of Title 43, and actively practicing such profession in the county shall be appointed;
(4) One member to be appointed by the governing authority of the county who shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retarda tion, and substance abuse services;
(5) One member to be appointed by the governing authority of the largest municipality in the county who shall be a person interested in promoting public health who is a consumer or a nurse licensed under Chapter 26 of Title 43;
(6) One member to be appointed by the governing authority of the county who shall be a consumer member who will represent on the board the county's needy, underprivileged, or elderly community; and
(7) One member shall be the chief executive officer of the governing authority of the largest municipality of the county, by whatever name called, or some member designated by said officer.
(b) No member appointed to the county board of health shall be an employee of the county board of health or of the department.
(c) The terms of the members of county boards of health serving as such on June 30, 1985, and who are serving in membership positions required to be filled by grand jury appointment, shall expire at the end of June 30, 1985, and upon the appointment and qualification of their successors.
(d) The initial term of the member first appointed pursuant to para graph (3) of subsection (a) of this Code section shall begin July 1, 1985, and shall expire December 31, 1987; the initial term of the member first appointed pursuant to paragraph (4) of subsection (a) of this Code sec tion shall begin July 1, 1985, and shall expire December 31, 1986; the initial term of the member first appointed pursuant to paragraph (6) of subsection (a) of this Code section shall begin July 1, 1984, and expire December 31, 1985; and the initial term of the member first appointed pursuant to paragraph (5) of subsection (a) of this Code section shall begin July 1, 1984, and shall expire December 31, 1986. After these ini tial terms, members appointed pursuant to paragraphs (3), (4), (5), and (6) of subsection (a) of this Code section shall take office the first day of January immediately following the expiration of the immediately preced ing term of that office and serve terms of six years and until their succes sors are appointed and qualified. Vacancies in any such membership shall be filled, for the unexpired term and until a successor is appointed and qualified, in the same manner as the original appointment.
(e) Persons holding office as members pursuant to paragraph (1),

MONDAY, FEBRUARY 27, 1984

2427

(2), or (7) of subsection (a) of this Code section shall serve as members while holding their offices as chief executive officer of the governing au thority of the county, county superintendent of schools, or chief executive officer of the largest municipality of the county, respectively."
Section 2. Said chapter is further amended by striking Code Section 31-3-4, relating to powers of county boards of health, in its entirety and substituting in lieu thereof a new Code Section 31-3-4 to read as follows:
"31-3-4. (a) The county board of health is empowered to:
(1) Establish and adopt bylaws for its own governance. Meetings shall be held no less frequently than quarterly;
(2) Exercise responsibility and authority in all matters within the county pertaining to health unless the responsibility for enforcement of such is by law that of another agency;
(3) Take such steps as may be necessary to prevent and suppress disease and conditions deleterious to health and to determine compliance with health laws and rules, regulations, and standards adopted thereunder;
(4) Adopt and enforce rules and regulations appropriate to its func tions and powers, provided such rules and regulations are not in conflict with the rules and regulations of the department. Such rules and regula tions must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon the county board of health by this chapter;
(5) Receive and administer all grants, gifts, moneys, and donations for purposes pertaining to health pursuant to this chapter;
(6) Make contracts and establish fees for the provision of mental health and other public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his inability to pay. The scope of ser vices, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing author ity; and
(7) Contract with the Department of Human Resources or other agencies for assistance in the performance of its functions and the exer cise of its powers and for supplying services which are within its purview to perform, provided that such contracts and amendments thereto shall have first been approved by the department. In entering into any con tracts to perform its functions and to exercise its powers, and for supply ing services which are within its purview to perform, any county board of

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health or any health district created under the authority of Code Section 31-3-15 shall be considered an agency and such agency shall have the authority to contract with any other county board of health; combination of county boards of health; any other health district; public or private hospitals; hospital authorities; medical schools; training and educational institutions; departments and agencies of the state; county or municipal governments; persons, partnerships, corporations, and associations, public or private; the United States government or the government of any other state; or any other legal entity.
(b) The provisions of paragraph (6) of subsection (a) of this Code section shall not apply to any consolidated city-county government."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Bryant of the 3rd moved that the Senate adopt the Conference Committee report on HB 1068.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean

English Fincher Foster Gillis Mine Holloway Horton Howard Hudgins Kennedy McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Brantley Burton Coverdell Dawkins Engram

Harris Harrison Huggins Kidd Land

Lester Scott of 36th Stumbaugh Tate Thompson

Those not voting were Senators:

Bond Coggin Garner (excused)

Greene Hill McKenzie

Starr Timmons

MONDAY, FEBRUARY 27, 1984

2429

On the motion, the yeas were 32, nays 16; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1068.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 542 was as follows:
A BILL
To be entitled an Act to amend an Act creating a board of commission ers for Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to provide for election of five board members from singlemember districts; to provide for times and notices of meetings; to provide for a quorum to conduct business; to provide for the selection of a chairman and for his powers; to provide compensation for the chairman and membership; 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 Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, is amended by striking in its entirety Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) There is created a board of commissioners for Emanuel County.
(b) Commissioners holding office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected.
(c) The board of commissioners of Emanuel County shall be com posed of five members elected from single-member districts. Such dis tricts shall be known as Districts 1, 2, 3, 4, and 5. Each member from a district shall be elected by a majority of the votes cast by voters residing within the district. A member shall hold office for a term of four years and until a successor is elected and qualified. To qualify for election from a district, a candidate must be a resident of the district.
(d) Emanuel County shall be divided into single-member commis sioner election districts as follows:
(1) District 1 shall have the following boundaries:

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BEGINNING at the intersection of Lamb's Bridge Road and In dustrial Way; thence North on Industrial Way to East Main Street (Ga. Hwy. 26); thence West on East Main Street to Georgia Highway 56; thence North on Georgia Highway 56 to the City limits of Swainsboro; thence following the City limits East to Canoochee Road to County Road 444; thence Northeast on County Road 444 to Flat Creek; thence North following Flat Creek to County Road 54; thence Northeast on County Road 54 to County Road 48; thence North on County Road 48 to County Road 3; thence West on County Road 48 to County Road 50; thence North on County Road 50 to County Road 58; thence West on County Road 58 to Georgia Highway 56; thence South on Georgia High way 56 to County Road 67; thence South on County Road 67 to County Road 59; thence West on County Road 59 to County Road 93; thence South on County Road 93 to County Road 98; thence Southwest on County Road 98 to Georgia Highway 4; thence South on Georgia High way 4 to northern City limits of Swainsboro; thence following City limits South to Gumlog Road; thence East on Gumlog Road to West Street; thence South on West Street to Robin Road; thence South on Race Track Street to Project Street; thence Northeast on Project Street to Lewis Street; thence South on Lewis Street to Lee Street; thence North east on Lee Street to Green Street; thence South on Green Street to Church Street; thence East on Church Street to North Main Street (Ga. Hwy. 4); thence North on Georgia Highway 4 to Modoc Road; thence Northeast on Modoc Road to Central of Georgia Railway; thence South following said Railway to Rentz Street; thence South on Rentz Street to Gumlog Street; thence West on Gumlog Street to North Coleman Street; thence South on Coleman Street to Mill Street; thence East on Mill Street to Central of Georgia Railway; thence South following said Rail way to Lamb's Bridge Road; thence East on Lamb's Bridge Road to In dustrial Way, which is the point of beginning.
(2) District 2 shall have the following boundaries:
BEGINNING at the intersection of Lamb's Bridge Road and In dustrial Way; thence West on Lamb's Bridge Road to Central of Georgia Railway; thence North on said Railway to Mill Street; thence East on Mill Street to Coleman Street; thence North on Coleman Street to Gumlog Street; thence East on Gumlog Street to Rentz Street; thence North on Rentz Street to Central of Georgia Railway; thence North on said Railway to Modoc Road; thence West on Modoc Road to Georgia Highway 4; thence South on Georgia Highway 4 to Church Street; thence West on Church Street to Bell Street; thence South on Bell Street to West Pine Street; thence West on Pine Street to Roberts Street; thence South on Roberts Street to Moring Street; thence West on Moring Street (Ga. Hwy. 56) to City limits of Swainsboro; thence Southeast following City limits to Old Nunez Road; thence Southeast following City limits to Meadowlake Parkway; thence East on Meadowlake Park way to Central of Georgia Railway; thence South on said Railway to Empire Expressway; thence Southwest on Empire Expressway to County Road 461; thence South on County Road 461 to Georgia Highway 297; thence North on Georgia Highway 297 to Georgia Highway 4; thence South on Georgia Highway 4 to County Road 198; thence East on County Road 198 to County Road 275; thence South on County Road 275 to County Road 278; thence North on County Road 278 to Big Ca-

MONDAY, FEBRUARY 27, 1984

2431

noochee Creek; thence Northeast following Big Canoochee Creek to County Road 454; thence East on County Road 454 to County Road 360; thence East-Northeast on County Road 360 to County Road 361; thence North on County Road 361 to Georgia Highway 26; thence West on Georgia Highway 26 to Big Canoochee Creek; thence North following Big Canoochee Creek to Flat Creek; thence North following Flat Creek to County Road 444; thence West on County Road 444 (Canoochee Road) to City limits of Swainsboro; thence North following City limits to Georgia Highway 56; thence South on Georgia Highway 56 to Georgia Highway 26; thence East on Georgia Highway 26 to Industrial Way; thence South on Industrial Way to Lamb's Bridge Road, which is the point of beginning.
(3) District 3 shall have the following boundaries:
BEGINNING at the intersection of Church Street and Green Street inside the City limits of Swainsboro; thence North on Green Street to Lee Street; thence West on Lee Street to Lewis Street; thence North on Lewis Street to Project Street; thence West on Project Street to Race Track Street; thence Northwest on Race Track Street to Gumlog Road, using a portion of Sherouse Street and West Street; thence North west on Gumlog Road to the City limits; thence North following the City limits to Georgia Highway 4; thence North on Georgia Highway 4 to County Road 98; thence East on County Road 98 to County Road 102; thence West on County Road 102 to County Road 111; thence South west following County Road 111 to County Road 110; thence South on County Road 110 to Georgia Highway 57; thence Southeast on Georgia Highway 57 to Rocky Creek; thence Southwest following Rocky Creek to Little Ohoopee River; thence North-Northwest following the Little Ohoopee River to County Road 136; thence West on County Road 136 to County Road 138; thence South on County Road 138 to County Road 139; thence West on County Road 139 to County Road 136; thence West on County Road 136 to the County line; thence following the County line Southwest-South-Southeast to the intersection of Georgia Highway 297 and the Ohoopee River; thence following the Ohoopee River to Georgia Highway 4; thence North on Georgia Highway 4 to Georgia Highway 297; thence South on Georgia Highway 297 to County Road 461; thence North on County Road 461 to Empire Expressway; thence Northeast on Empire Expressway to Central of Georgia Railway; thence North follow ing said Railway to Meadowlake Parkway; thence West on Meadowlake Parkway to Old Nunez Road; thence South on Old Nunez Road to the City limits; thence Northwest following the City limits to Georgia High way 56; thence Northeast on Georgia Highway 56 (Moring Street) to Roberts Street; thence Northwest on Roberts Street to Pine Street; thence Northeast on Pine Street to Bell Street; thence Northwest on Bell Street to Church Street; thence Northeast on Church Street to Green Street, which is the point of beginning.
(4) District 4 shall have the following boundaries:
BEGINNING at the point where County Road 304 meets the Bulloch County line; thence Northwest along the Bulloch County line to the Jenkins County line; thence Northwest along the Jenkins County line to the Burke County line; thence West following the Burke County line

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(Ogeechee River) to the Jefferson County line; thence Southwest along the Jefferson County line to the Johnson County line; thence South along the Johnson County line to the northern boundary of District 3; thence following the northern boundary of District 3 to where it meets the northern boundary of District 1; thence along the northern boundary of District 1 to where it meets the northern boundary of District 5; thence along the northern boundary of District 5 to the Bulloch County line, which is the point of beginning.
(5) District 5 shall have the following boundaries:
BEGINNING at the intersection of Georgia Highway 297 South and the Ohoopee River; thence South on Georgia Highway 297 to Pendleton Creek (County line); thence Southeast on County line (Pendleton Creek partway) to Georgia Highway 4; thence East-Northeast from Georgia Highway 4, following County line to the Ohoopee River; thence North-Northeast, following the County line to County Road 304; thence Northwest on County Road 304 to Georgia Highway 121; thence South on Georgia Highway 121 to County Road 303; thence West on County Road 303 to a creek; thence North following said creek to County Road 310; thence West on County Road 310 to County Road 459; thence West on County Road 459 to Nathan Creek; thence North following Nathan Creek to County Road 330; thence South on County Road 330 to County Road 332; thence West on County Road 332 to County Road 331; thence Northwest on County Road 331 to Georgia Highway 192; thence South on Georgia Highway 192 to County Road 344; thence Northwest on County Road 344 to County Road 336; South on County Road 336 to County Road 347; thence South on County Road 347 to County Road 345; thence West on County Road 345 to Little Canoochee Creek; thence South on Little Canoochee Creek to County Road 361; thence South on County Road 361 to County Road 362; thence Westerly and Southerly on County Road 362 to County Road 278; thence South on County Road 278 to County Road 360; thence West on County Road 360 to County Road 454; thence West on County Road 454 to Big Ca noochee Creek; thence South on Big Canoochee Creek to County Road 278; thence South on County Road 278 to County Road 275; thence West on County Road 275 to County Road 198; thence West on County Road 198 to Georgia Highway 4; thence South on Georgia Highway 4 to the Ohoopee River; thence West following the Ohoopee River to Georgia Highway 297, which is the point of beginning.
(e) (1) At the general election in 1984, commissioners shall be elected from District 1 and District 3 for terms of four years and until successors are elected and qualified. Thereafter, successors shall be like wise elected quadrennially and until successors are elected and qualified.
(2) At the general election in 1986, commissioners shall be elected from District 2, District 4, and District 5 for terms of four years and until successors are elected and qualified. Thereafter, successors shall be likewise elected quadrennially and until successors are elected and qualified.
(3) Terms of commissioners shall begin on January 1 following their election."

MONDAY, FEBRUARY 27, 1984

2433

Section 2. Said Act is further amended by striking in its entirety Sec tion 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. The board shall hold its regular meeting on the second Tuesday in each month at 10:00 A.M. at the courthouse or other conven ient place in the City of Swainsboro. The board may change the time or date of its regular meeting by resolution of the board published once in the legal organ of the county. Special or called meetings may be held, provided that each member shall receive at least 24 hours' prior notice."
Section 3. Said Act is further amended by striking in its entirety Sec tion 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Three members of the board shall constitute the mini mum number necessary to transact business at any regular or special meeting."
Section 4. Said Act is further amended by striking in its entirety Sec tion 6 and inserting in its place a new Section 6 to read as follows:
"Section 6. At the first meeting of each year, the board shall elect from its membership a chairman to serve for the ensuing year. The chair man shall preside at all meetings and sign as chairman all orders and processes of the board. The chairman shall be entitled to make or second motions and to cast a vote on any matter."
Section 5. Said Act is further amended by striking in its entirety Sec tion 14 and inserting in its place a new Section 14 to read as follows:
"Section 14. Each member of the board shall be compensated in the amount of $200.00 per month, payable from funds of the county, except that the chairman shall be compensated in the amount of $500.00 per month. Each member shall be reimbursed for actual expenses in curred while on official business of the board. All amounts shall be paid by the treasurer of the county on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury, and military duty and shall be subject to prosecution for malprac tice in office in the same manner as magistrates."
Section 6. Said Act is further amended by striking Section 15, which reads as follow:
"Section 15. Be it further enacted that the members of the board of commissioners of roads and revenues shall be elected by the voters of Emanuel County at the general election each four years.",
in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator English of the 21st moved that the Senate agree to the House substitute to SB 542.

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On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 542.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 436 was as follows:

A BILL
To be entitled an Act to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational education, so as to pro vide that vocational-technical schools operated by local boards of education and independent boards of trustees shall be authorized to charge tuition fees; to provide that the State Board of Education and the State Department of Education shall not withhold from such schools any funds to which they would otherwise be entitled if they did not charge tuition fees; 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. Chapter 4 of Title 20 of the Official Code of Georgia An notated, relating to vocational education, is amended by adding a new Arti cle 5 to read as follows:
"ARTICLE 5
20-4-100. (a) The Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocational-technical schools operated by local boards of education and independent boards of trustees.
(b) Any vocational-technical school operated by a local board of ed ucation or an independent board of trustees shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the Board of Postsecondary Vocational Education.
(c) The Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tui tion fees.
(d) Tuition fees charged by vocational-technical schools operated by local boards of education and independent boards of trustees shall not be used to supplant existing state or local funding but shall be used to pro-

MONDAY, FEBRUARY 27, 1984

2435

vide facilities and services not funded from existing state and local sources.
(e) The State Board of Education and the State Departments of Ed ucation shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the board or department to such school by contract, grant, or otherwise."
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 Hine of the 52nd moved that the Senate agree to the House substitute to SB 436.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Tate Thompson Trulock Turner Ty singer Walker

Those not voting were Senators:

Barker Bowen Garner (excused)

Holloway McKenzie Scott of 36th

Starr Stumbaugh Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 436.

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JOURNAL OF THE SENATE

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 144. By Representative Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to credit for the Employees' Retirement System of Georgia for prior service, so as to provide credit for certain military service; to pro vide for contributions.
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:

February 2, 1984

SUBJECT:

House Bill 144 Substitute (LC 7 5655S) Employees' Retirement System Teachers' Retirement System
Public School Employees' Retirement System Georgia Legislative Retirement System

This Bill would authorize the Boards of Trustees of the Employees' Re tirement System, Teachers' Retirement System, Public School Employees' Retirement System, and the Georgia Legislative Retirement System to, by rule or regulation, require that when a beneficiary is a person other than the
surviving spouse, the benefits payable to the beneficiary shall be paid within a definite time period after the member's death.

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.

MONDAY, FEBRUARY 27, 1984

2437

On the passage of 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 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 Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Deal

McKenzie

Tate

Garner (excused)

Scott of 36th

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Walker of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison
U Htillll
Hine 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 Ty singer Walker

Those not voting were Senators:

Coleman Garner (excused)

Holloway

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.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 374 by striking from line 8 of Page 1 the following: "suspected".

MONDAY, FEBRUARY 27, 1984

2439

By inserting on line 26 of Page 4 between "by" and "Code" the following:
"paragraph (1) of subsection (a) of".
By striking from line 27 of Page 4 the following:
"suspected".
By striking from lines 30 through 32 of Page 4 the following:
"of a high and aggravated nature and shall be punished as provided in Code Section 17-10-4".

Senator Hudgins of the 1 Sth moved that the Senate agree to the House amend ment to SB 374.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Burton
Cobb Coggin Coverdell Dawkins Deal Dean

English Engram Fincher
Foster
Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

tester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Coleman Garner (excused) Gillis

Greene Scott of 36th

Tate Turner

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 374.

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JOURNAL OF THE SENATE

The following general bills of the House and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

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.
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 Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Timmons Trulock Tysinger Walker

Those not voting were Senators:

Barnes Bowen Broun of 46th Garner (excused)

Gillis Hudgins Scott of 36th

Tate Thompson Turner

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 27, 1984

2441

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.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English

Engram Fincher Foster 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 Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Deal

Garner (excused) Howard

Scott of 36th Tate

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1328. By Representatives McKinney of the 35th and Clark of the 55th:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Anno tated, relating to refusal or revocation of hospital staff privileges, so as to

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JOURNAL OF THE SENATE

provide for additional standards for acting upon applications for hospital staff privileges.
Senate Sponsor: Senator Bond of the 39th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram

Fincher Foster Gillis Greene 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 Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Deal

Garner (excused) Harris

Tate Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1362. By Representatives Bolster of the 30th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, so as to change the limita-

MONDAY, FEBRUARY 27, 1984

2443

tion on the aggregate amount of taxes which may be levied on charges for rooms and lodging.
Senate Sponsors: Senators Howard of the 42nd and Coverdell of the 40th.

Senator Coverdell of the 40th moved that HB 1362 be committed to the Senate Committee on Banking and Finance.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1362 was committed to the Senate Committee on Banking and Finance.

SR 447. By Senators Kennedy of the 4th, Perry of the 7th, Bryant of the 3rd and others:
A resolution to create the Electric Membership Corporation Satellite Televi sion Study Committee.

Senator Kennedy of the 4th offered the following amendment:

Amend SR 447 by adding on Page 1, line 8 after the word "Senate." the following:
"The President shall appoint the Chairman of the Committee."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Gillis

Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

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JOURNAL OF THE SENATE

Land 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:

Bond

Hill

Tate

Garner (excused)

McGill

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Allgood of the 22nd moved that the Senate stand in recess until 2:00 o'clock P.M., and the motion prevailed.

At 12:38 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 248. By Representative Logan of the 67th: A resolution creating the Structure of Financial Institutions Study Committee.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:

Amend HR 248 by adding on line 29 of Page 2, immediately following the word "committees" and preceding the period, the following:
"but shall receive the same for not more than ten days".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 27, 1984

2445

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:

Barker Barnes Broun of 46th Burton Coggin Coverdell Dawkins Deal Dean English Engram

Foster Garner Hine Holloway Howard Muggins Kennedy Kidd Lester McKenzie Peevy

Phillips Reddish Scott of 43rd Starr Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb

Coleman Fincher Gillis Greene Harris Harrison Hill Horton

Hudgins Land McGill Perry Scott of 2nd Scott of 36th Stumbaugh Timmons

On the adoption of the resolution, the yeas were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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".

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JOURNAL OF THE SENATE

The House substitute to SB 389 was as follows:

A BILL
To be entitled an Act 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 partner ships; to adopt the "Uniform Partnership Act"; to provide for a short title; to provide for definitions; to provide for interpretation and rules of construc tion; to provide for the creation, existence, operation, rights, obligations, powers, duties, property, agents, liabilities, books, records, practices, proce dures, terms, interests, dissolution, termination, and winding up of partner ships, partners, purported partners, and agents thereof; to provide for ac tions; to provide for distributions; to provide for other matters relative to partnerships; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Chap ter 8, relating to partnerships generally, in its entirety and inserting in lieu thereof a new Chapter 8 to read as follows:
"CHAPTER 8
14-8-1. This chapter may be cited as the 'Uniform Partnership Act.'
14-8-2. As used in this chapter, the term:
(1) 'Bankrupt' means a person who is the subject of:
(A) The entry of an order for relief under Section 303(h) of the Bankruptcy Code (11 U.S.C. Section 303(h)) or the filing of a petition for voluntary bankruptcy under Section 301 of the Bankruptcy Code (11 U.S.C. Section 301) as these provisions may be now or hereafter amended; or
(B) An equivalent order or petition under any successor statute or code of general application; or
(C) An equivalent order or petition under any state insolvency Act.
(2) 'Business' includes every trade, occupation, or profession.
(3) 'Conveyance' includes every assignment, deed, transfer, lease (including the creation of a usufruct), mortgage or pledge of tangible, intangible or real property, and also the creation or cancellation of any lien, encumbrance, or security title.
(4) 'Court' includes every court and judge having jurisdiction in the case.

MONDAY, FEBRUARY 27, 1984

2447

(5) 'Interest' means interest at the legal rate which applies where the rate percent is not named in the contract as provided by Code Sec tion 7-4-2 or any successor statute.
(6) 'Person' includes a natural person, partnership, limited part nership (domestic or foreign), trust, estate, association or corporation. Any person may be a partner unless the person lacks capacity apart from this chapter.
(7) 'Real property' includes any estate or interest, including usufructory interests, in, over or under land, including minerals, struc tures, fixtures and other things which by custom, usage, or law pass with a conveyance of land though not described or mentioned in an instrument of conveyance or in a contract to make such a conveyance.
14-8-3. (a) A person has 'knowledge' of a fact within the meaning of this chapter not only when such person has actual knowledge thereof, but also when he has knowledge of such other facts as in the circum stances shows bad faith.
(b) A person has 'notice' of a fact within the meaning of this chap ter when the person who claims the benefit of the notice:
(1) States the fact to such person; or
(2) Delivers through the mail, or by other means of communica tion, a written statement of the fact to such person or to a proper person at his place of business or residence.
14-8-4. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.
(b) The law of estoppel shall apply under this chapter.
(c) The law of agency shall apply under this chapter.
(d) This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.
(e) This chapter shall not be construed so as to impair the obliga tions of any contract existing when this chapter goes into effect, nor to affect any action or proceedings begun or right accrued before this chap ter takes effect.
(0 This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly re pealed by subsequent legislation if that construction can reasonably be avoided.
(g) The validity of an instrument executed on behalf of the part nership by a partner shall not be affected by the formality with which the partnership contract was executed.
14-8-5. In any case not provided for in this chapter, the other pro visions of this Code and the rules of common law and equity shall govern.

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14-8-6. (a) A partnership is an association of two or more persons to carry on as co-owners a business for profit.
(b) But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but this chapter shall apply to limited partnerships except inso far as the statutes relating to such partnerships are inconsistent with this chapter.
14-8-7. In determining whether a partnership exists, the following rules shall apply:
(1) Except as provided by Code Section 14-8-16 persons who are not partners as to each other are not partners as to third persons;
(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself es tablish a partnership, whether such co-owners do or do not share any profits made by the use of the property;
(3) The sharing of gross returns does not of itself establish a part nership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;
(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business; provided, how ever, that no such inference shall be drawn if profits were received in payment of the following, even though the amount of payment varies with the profits of the business:
(A) A debt, whether by installments or otherwise;
(B) Wages, salary, or other compensation to an employee or inde pendent contractor;
(C) Rent to a landlord;
(D) An annuity or other payment to a surviving spouse or repre sentative of a deceased partner;
(E) Interest or other payment or charge on a loan;
(F) Consideration for the sale of good will of a business or other property, whether by installments or otherwise.
14-8-8. (a) Subject to subsection (d) of this Code section, property, whether real or personal, is presumed to be partnership property where:
(1) It is included as such in the agreement of partnership or de scribed in any recorded statement of partnership under Code Section 148-10A; or
(2) It is acquired in the partnership name.

MONDAY, FEBRUARY 27, 1984

2449

(b) Subject to subsection (d) of this Code section, property is pre sumed to be partnership property if it is purchased with partnership funds even though the title or other interest is acquired in the name of an individual partner or partners.
(c) Subject to paragraph (1) of subsection (a) and subsection (d) of this Code section, where property is acquired in the name of an indi vidual partner or partners without use of partnership funds the property shall be presumed to be the separate property of that individual partner or partners even though the property was used for partnership purposes.
(d) Real property and other property held of public record other wise than in the partnership name, the ownership of which is customarily publicly recorded, shall not be deemed to be partnership property to the prejudice of a person who is not a partner and who did not have actual knowledge to the contrary.
(e) Where property was partnership property under a predecessor partnership, the business of which was continued under a new or recon stituted partnership, the presumption of subsection (c) of this Code sec tion shall not be applicable and whether such property is to be considered partnership property of the new partnership or the separate property of the surviving members of the predecessor partnership shall be determined on the basis of the intention of the parties.
(f) Any estate in real property may be acquired in the partnership name and title to any estate so acquired shall vest in the partnership itself rather than in the partners individually. Title may be conveyed in accordance with Code Section 14-8-10.
(g) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor un less a contrary intent appears,
14-8-9. Subject to the provisions of Code Section 14-8-10A:
(1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority;
(2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners in the partnership agreement, at the time of the transaction or at any other time;
(3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:

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(A) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership;
(B) Dispose of the good-will of the business;
(C) Do any other act which would make it impossible to carry on the ordinary business of a partnership;
(D) Confess a judgment;
(E) Submit a partnership claim or liability to arbitration or reference;
(4) No act of a partner in contravention of a restriction on author ity shall bind the partnership to persons having knowledge of the restriction.
14-8-10. (a) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property if the partnership proves that the partner's act did not bind the partnership under the provisions of Code Section 14-8-9, unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.
(b) Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partnership proves that the partners' act did not bind the partnership under the provisions of Code Section 14-8-9, unless the purchaser or his assignee is a holder for value without knowledge.
(c) Where title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a con veyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership unless the partner ship proves that the act was not one within the authority of the partner under the provisions of Code Section 14-8-9.
(d) Where the title to real property is in the names of all the part ners a conveyance executed by all the partners passes all their rights in such property.
14-8-10A. (a) A statement of partnership in the name of the part nership, signed by all of the partners or by any partner who is authorized in the partnership agreement to do so on behalf of the partnership, and witnessed and notarized, may be recorded in the office of the clerk of the superior court of any county and shall be recorded by such clerk in a book to be kept for that purpose and open to public inspection. If the partnership shall desire to file such a statement in more than one county, a transcript of the statement, duly certified by the clerk in whose office it was originally filed, under such clerk's official seal, shall be filed and re corded in like manner in the office of the clerk of the superior court in

MONDAY, FEBRUARY 27, 1984

2451

every such county. As a prerequisite to such filing, the clerk of each such registry may collect a fee in the amount of the fee then allowed for the filing of certificates of limited partnerships.
(b) A statement of partnership shall state:
(1) The name of the partnership;
(2) The location of the principal place of business of the partner ship, if any;
(3) The names and places of residence of all of the partners;
(4) The term for which the partnership is to exist, or that it is to exist until terminated by law or according to its provisions;
(5) Any limitations on the authority of one or more partners to act on behalf of the other partners or the partnership, beyond that authority defined in this chapter, which the partnership desires to disclose;
(6) Any authority beyond that defined in this chapter on the part of one or more partners to act on behalf of the other partners or the partnership which the partnership desires to disclose;
(7) Any property (including real property) belonging to the part nership, even if not titled in the name of the partnership, which the part nership desires to disclose; provided that, with respect to real property, the statement shall specifically refer by both book and page to the place wherein the instrument last conveying such real property is recorded and all clerks of the superior courts filing such statement shall make appro priate cross-references in the appropriate indices between such statement and such instrument. Title to all real property so described and crossreferenced shall be deemed to be held in the partnership name from the date of the filing of such statement without the necessity for any separate instrument of conveyance;
(8) If the partnership or the partnership business has been contin ued despite the death or withdrawal of any partner by reason of an agreement provided for in Code Section 14-8-31 or 14-8-38, the state ment or any amendment thereto may state the name and date of death or withdrawal of such deceased or withdrawing (whether voluntarily or in voluntarily, according to the terms of the agreement) partner and that the partnership or the partnership business was continued despite such death or withdrawal because of the existence of such agreement.
(c) A statement of partnership may state such other matters as the partnership may desire to disclose.
(d) The information referred to in subsections (b) and (c) of this Code section may be provided in whole or in part by recording a partner ship agreement as the statement of partnership.
(e) A statement of partnership may be amended at any time and for any proper purpose the partners may determine by instrument exe-

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JOURNAL OF THE SENATE

cuted and recorded in the same manner as such statement. Such instru ment shall set forth:
(1) The name of the partnership;
(2) The date or dates of filing of the statement of partnership and any prior amendments thereto;
(3) The place or places (by reference to book and page) wherein the statement of partnership and any prior amendments thereto are re corded; and
(4) The amendment to the statement of partnership.
(f) It shall be conclusively presumed against the partnership that the persons named as partners in a statement of partnership are members of the partnership named, that they are all of the members of the part nership, that the partners have the authority disclosed by this statement, that there are no limitations on this authority beyond those contained in this chapter other than those disclosed in this statement, that any partner stated to be dead is deceased, that any partner stated to have withdrawn has withdrawn from the partnership and that the partnership was not dissolved by reason of such death or withdrawal, unless there is recorded by anyone claiming to be a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, a statement of partnership, verified and acknowledged by the person exe cuting it, which shall set forth the name of the partnership, a statement that such person claims to be a member of such partnership, or a per sonal representative of such member, or a statement that any of the per sons named in a previously recorded statement of partnership are not members of such partnership, or a statement that any of the other facts stated in a previously recorded statement of partnership are not true.
(g) The existence of the facts described in subsection (f) of this Code section shall be conclusively presumed in favor of the partnership and against a grantee from the partnership of partnership real property located in a county in which a statement of partnership or a certified copy thereof has been recorded. It shall also be conclusively presumed in favor of the partnership and against such a grantee that a partner's au thority to act for the partnership is limited as provided in a statement of partnership.
14-8-11. An admission or representation made by any partner con cerning partnership affairs within the scope of his authority is evidence against the partnership.
14-8-12. Notice to any partner of any matter relating to partner ship affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership com mitted by or with the consent of that partner.
14-8-13. Where, by any wrongful act or omission of any partner

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2453

acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the part nership is liable therefor to the same extent as the partner so acting or omitting to act.
14-8-14. The partnership is bound to make good the loss:
(1) Where one partner acting within the scope of his apparent au thority receives money or property of a third person and misapplies it; and
(2) Where the partnership in the course of its business receives money or property of a third person and the money or property so re ceived is misapplied by any partner while it is in the custody of the partnership.
14-8-15. All partners are jointly and severally liable for all debts and obligations of the partnership.
14-8-16. (a) When a person, by words spoken or written or by con duct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such repre sentation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or con senting to its being made.
(1) When a partnership liability results, he is liable as though he were an actual member of the partnership.
(2) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.
(b) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases, it is the joint act or obligation of the person acting and the persons consenting to the representation.
14-8-17. A person admitted as a partner into an existing partner ship is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partner ship property.

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14-8-18. The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules:
(1) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits;
(2) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property;
(3) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance;
(4) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made;
(5) All partners have equal rights in the management and conduct of the partnership business;
(6) No partner is entitled to remuneration for acting in the part nership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs;
(7) No person can become a member of a partnership without the consent of all the partners;
(8) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners.
14-8-19. The partnership books shall be kept, subject to any agree ment between the partners, at the principal place of business of the part nership, and every partner shall at all times have access to and may in spect and copy any of them.
14-8-20. Partners shall render, to the extent the circumstances render it just and reasonable, true and full information of all things af fecting the partners to any partner and to the legal representative of any deceased partner or of any partner under legal disability.
14-8-21. (a) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.
(b) This Code section applies also to the representatives of a de-

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ceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
14-8-22. In addition to the remedies or methods of dispute resolu tion provided for in the partnership agreement, any partner shall have the right to a formal accounting as to partnership affairs:
(1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners;
(2) If the right exists under the terms of any agreement;
(3) If the right exists under Code Section 14-8-21; or
(4) Whenever other circumstances render it just and reasonable.
14-8-23. (a) When a partnership for a fixed term or particular un dertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.
(b) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a contin uation of the partnership.
14-8-24. The property rights of a partner are:
(1) His rights in specific partnership property;
(2) His interest in the partnership; and
(3) His right to participate in the management.
14-8-25. (a) A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership.
(b) The incidents of the tenancy are such that:
(1) A partner, subject to the provisions of this chapter and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the con sent of his partners;
(2) A partner's right in specific partnership property is not assign able except in connection with the assignment of rights of all the partners in the same property;
(3) A partner's right in specific partnership property is not subject to attachment, judgment lien, execution, or other enforcement of a claim except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the rep resentatives of a deceased partner, cannot claim any right under the homestead or exemption laws;

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(4) On the death of a partner his right in specific partnership prop erty vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal rep resentative of the last surviving partner, has no right to possess the part nership property for any but a partnership purpose;
(5) A partner's right in specific partnership property is not subject to the year's support provided for in Code Sections 53-5-1 and 53-5-2.
(c) Nothing in Code Section 14-8-24 and this Code section shall modify, affect, or act in derogation of any portion of this chapter con cerning the manner of vesting title to property (including, without limita tion, real property) in the name of the partnership or the ownership of such property by the partnership.
14-8-26. A partner's interest in the partnership is his share of the profits and surplus, and the same is personal property.
14-8-27. (a) Except as provided in the partnership agreement, a partnership interest is assignable in whole or in part.
(b) A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other part ners in the absence of agreement, entitle the assignee, during the contin uance of the partnership, to interfere in the management or administra tion of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled.
(c) In case of a dissolution of the partnership, the assignee is enti tled to receive his assignor's interest and may require an account pursu ant to Code Section 14-8-43 from the date only of the last account agreed to by all the partners.
14-8-28. (a) On due application to a competent court by any judg ment creditor of a partner or of any assignee of an interest in the part nership, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner or such as signee with payment of the unsatisfied amount of such judgment debt with interest thereon and may then or later appoint a receiver of his share of the profits, and of any other money or other assets due or to fall due to him in respect of the partnership, and, subject to subsection (b) of this Code section, make all other orders, directions, accounts, and inquir ies which the debtor partner or such assignee might have made, or which the circumstances of the case may require.
(b) An interest charged pursuant to subsection (a) of this Code section is not liable to be seized and sold by the judgment creditor under execution.
(c) The interest charged may be redeemed or purchased without thereby causing a dissolution:

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(1) With separate property, by any one or more of the partners; or
(2) With the partnership property, by any one or more of the part ners with the consent of all the partners whose interests are not so charged or sold.
(d) Nothing in this chapter shall be held to deprive a partner of his right, if any, under the exemption law, as regards his interest in the partnership.
(e) Subject to subsection (b) of this Code section, the remedies conferred by subsection (a) of this Code section shall not be deemed ex clusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the interest of a partner in the partner ship by process of garnishment served on the partnership.
14-8-29. Upon dissolution of a partnership the partners cease to be associated in the carrying on of the partnership. The partnership shall continue until termination pursuant to Code Section 14-8-30 and until termination the partners shall be associated in the winding up of the partnership.
14-8-30. On dissolution the partnership is not terminated, but con tinues until the winding up of the partnership affairs is completed.
14-8-31. (a) Dissolution is caused:
(1) By the termination of the definite term or particular undertak ing specified in the agreement;
(2) By the express will or withdrawal of any partner;
(3) By the expulsion of any partner from the business in accor dance with the terms of the agreement between the partners;
(4) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership;
(5) By the death of any partner, unless there is a written agree ment between the partners expressly providing otherwise;
(6) By decree of court under Code Section 14-8-32;
(7) In other circumstances as provided in the agreement between the partners.
(b) Unless otherwise provided in the partnership agreement, disso lution is not caused solely by admission of a new partner.
14-8-32. (a) On application by or for a partner the court shall de cree a dissolution whenever:
(1) A partner has been declared mentally incapacitated in any ju dicial proceeding or is shown to be of unsound mind;

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(2) A partner becomes in any other way incapable of performing his part of the partnership contract;
(3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;
(4) A partner wilfully or persistently commits a breach of the part nership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him;
(5) Other circumstances render a dissolution equitable.
(b) On the application of the purchaser of a partner's interest under Code Section 14-8-27, the court shall decree a dissolution:
(1) After the termination of the specified term or particular undertaking;
(2) At any time if the partnership was a partnership at will when the interest was assigned.
14-8-33. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolu tion terminates all authority of any partner to act for the partnership:
(1) With respect to the partners:
(A) When the dissolution is not by the act or death of a partner; or
(B) When the dissolution is by such act or death of a partner, in cases where Code Section 14-8-34 so requires;
(2) With respect to persons not partners, as declared in Code Sec tion 14-8-35.
14-8-34. Subject to contrary agreement of the partners, where the dissolution is caused by the act or death of a partner, each partner is liable to his copartners for his share of any liability created by any part ner acting for the partnership as if the partnership had not been dis solved; provided, however, that a partner shall not be liable to the partner acting for the partnership where:
(1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; or
(2) The dissolution being by the death of a partner, the partner acting for the partnership had knowledge or notice of the death.
14-8-35. (a) After dissolution a partner can bind the partnership except as provided in subsection (c) of this Code section:
(1) By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution;

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(2) By any transaction which would bind the partnership if disso lution had not taken place, provided the other party to the transaction:
(A) Was a creditor of the partnership at the time of dissolution or had extended credit to the partnership within two years prior to dissolu tion and, in either case, had no knowledge or notice of such partner's want of authority;
(B) Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or no tice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on.
(b) The liability of a partner under paragraph (2) of subsection (a) of this Code section shall be satisfied out of partnership assets alone when such partner had been prior to dissolution:
(1) Unknown as a partner to the person with whom the contract is made; and
(2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it.
(c) The partnership is in no case bound by any act of a partner after dissolution:
(1) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up part nership affairs;
(2) Where the partner has become bankrupt; or
(3) Where the partner has no authority to wind up partnership af fairs; except by a transaction with one who:
(A) Was a creditor of the partnership at the time of dissolution or had extended credit to the partnership within two years prior to dissolu tion and, in either case, had no knowledge or notice of such partner's want of authority;
(B) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of such partner's want of authority, the fact of such partner's want of authority had not been advertised in the manner provided for advertising the fact of dissolution in subparagraph (a)(2)(B) of this Code section.
(d) Nothing in this Code section shall affect the liability under Code Section 14-8-16 of any person who after dissolution represents him self or consents to another representing him as a partner in a partnership engaged in carrying on business.
14-8-36. (a) The dissolution of the partnership does not of itself discharge the existing liability of any partner.

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(b) A partner is discharged from any existing liability upon disso lution of the partnership by an agreement to that effect between himself, the partnership creditor, and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business.
(c) Where a person agrees to assume the existing obligations of a dissolved partnership, the partners whose obligations have been assumed shall be discharged from any liability to any creditor of the partnership who knowing of the agreement, and without the consent of the partners whose obligations have been assumed, consents to a material alteration in the nature or time of payment of such obligations.
(d) The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner but subject to the prior payment of his separate debts.
14-8-37. Unless otherwise agreed, the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner, not bankrupt, has the right to wind up the partnership affairs, including the right to convey any real property of the partnership; provided, however, that any partner, his legal representative, or his as signee, upon cause shown, may obtain winding up by the court.
14-8-38. (a) Unless otherwise agreed by the partners in the part nership agreement, at the time of the transaction, or at any other time, when dissolution is caused in any way, other than wrongfully either in contravention of the partnership agreement or as a result of other wrong ful conduct of a partner, any partner, or the legal representative of the estate of a deceased partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, may have the partnership property applied to discharge its liabilities and the surplus applied to pay in cash the net amount owing to the respective partners. The foregoing provision shall not apply if dissolution is caused by expulsion of a partner in accordance with the terms of a partnership agreement. Unless otherwise agreed by the partners, in the event of such expulsion the expelled partner shall receive in cash the net amount due him from the partnership and the partners who continue the business shall obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities.
(b) When dissolution is caused wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, the rights of the partners shall be as follows:
(1) Each partner who has not caused dissolution wrongfully shall have:
(A) All the rights specified in subsection (a) of this Code section; and
(B) The right, as against each partner who has caused the dissolu tion wrongfully, to damages for such wrongful dissolution and to any other right or remedy provided for in the partnership agreement;

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(2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by them selves or jointly with others, may do so, and for that purpose may possess the partnership property. If the partners continue the business they shall pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section and obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities;
(3) A partner who has caused the dissolution wrongfully shall have:
(A) If the business is not continued under the provisions of para graph (2) of subsection (b) of this Code section, all the rights of a part ner under subsection (a) of this Code section, subject to subparagraph (b)(l)(B) of this Code section;
(B) If the business is continued under paragraph (2) of subsection (b) of this Code section the right, as against his copartners and all claim ing through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section, ascertained and paid to him and to have the partners who continue the business obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities; but in ascertaining the value of the partner's interest the value of the goodwill of the business shall not be considered.
14-8-39. Where a partnership agreement is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto the party entitled to rescind is, without prejudice to any other right, entitled:
(1) To a lien on, or a right of retention of, the surplus of the part nership property after satisfying the partnership liabilities to third per sons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him;
(2) To stand, after all liabilities to third person have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and
(3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership.
14-8-40. In settling accounts between the partners after dissolu tion, the following rules shall be observed, subject to any agreement to the contrary:
(1) The assets of the partnership are:
(A) The partnership property;
(B) The contributions of the partners necessary for the payment of all the liabilities specified in paragraph (2) of this Code section;

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(2) The liabilities of the partnership shall rank in order of pay ment, as follows:
(A) Those owing to creditors other than partners;
(B) Those owing to partners other than for capital and profits;
(C) Those owing to partners in respect of capital;
(D) Those owing to partners in respect of profits;
(3) The assets shall be applied in the order of their declaration in paragraph (1) of this Code section to the satisfaction of the liabilities;
(4) The partners shall contribute, as provided by paragraph (1) of Code Section 14-8-18 the amount necessary to satisfy the liabilities; but if any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities;
(5) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in paragraph (4) of this Code section;
(6) Any partner or his legal representative shall have the right to enforce the contributions specified in paragraph (4) of this Code section, to the extent of the amount which he has paid in excess of his share of the liability;
(7) The individual property of a deceased partner shall be liable for the contributions specified in paragraph (4) of this Code section;
(8) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership credi tors shall have priority on partnership property and separate creditors on individual property, subject to the rights of lien or secured creditors;
(9) Where a partner has become bankrupt or his estate is insolvent the claims against his separate property shall rank in the following order:
(A) Those owing to separate creditors;
(B) Those owing to partnership creditors;
(C) Those owing to partners by way of contribution.
14-8-41. (a) When any new partner is admitted into an existing partnership, or when any partner withdraws and assigns (or the represen tative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the partnership so continuing the business.
(b) When all but one partner withdraw and assign (or the repre-

MONDAY, FEBRUARY 27, 1984

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sentative of a deceased partner assigns) their rights in partnership prop erty to the remaining partner, who continues the business without liqui dation of partnership affairs, either alone or with others, creditors of the dissolved partnership are also creditors of the person or partnership so continuing the business.
(c) When any partner withdraws or dies and the business of the dissolved partnership is continued as set forth in subsections (a) and (b) of this Code section, with the consent of the withdrawn partners or the representative of the deceased partner, but without any assignment of his right in partnership property, rights of creditors of the dissolved partner ship and of the creditors of the person or partnership continuing the busi ness shall be as if such assignment had been made.
(d) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partner ship, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.
(e) When any partner wrongfully causes a dissolution and the re maining partners continue the business under the provisions of paragraph (2) of subsection (b) of Code Section 14-8-38, either alone or with others, and without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership con tinuing the business.
(f) When a partner is expelled and the remaining partners con tinue the business either alone or with others, without liquidation of the partnership affairs, creditors of the dissolved partnership are also credi tors of the person or partnership continuing the business.
(g) The liability of a third person becoming a partner in the part nership continuing the business, under this Code section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only.
(h) When the business of a partnership after dissolution is contin ued under any conditions set forth in this Code section the creditors of the dissolved partnership, as against the separate creditors of the with drawing or deceased partner or the representative of the deceased part ner, have a prior right to any claim of the withdrawn partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the withdrawn or deceased part ner's interest in the dissolved partnership or on account of any considera tion promised for such interest or for his right in partnership property.
(i) Nothing in this Code section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.
(j) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership.

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14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsections (a), (b), (c), (e), and (f) of Code Section 14-8-41 (regardless of whether the with drawn partner or the legal representative of the deceased partner's estate consents to such continuation as required under subsection (c) of Code Section 14-8-41) or paragraph (2) of subsection (b) of Code Section 148-38, without any settlement of accounts as between the withdrawn part ner or the legal representative of the estate of a deceased partner and the persons or partnership continuing the business, unless otherwise agreed:
(1) Such persons or partnership shall obtain the discharged of the withdrawn partner or the legal representative of the estate of the de ceased partner, or appropriately hold him harmless from all present or future partnership liabilities, and shall ascertain the value of his interest at the date of dissolution; and
(2) The withdrawn partner or legal representative of the estate of the deceased partner shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with inter est, or, at his option, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the withdrawn or deceased partner, shall have prior ity on any claim arising under this Code section, as provided by subsec tion (h) of Code Section 14-8-41.
14-8-43. The right to an account of his interest shall accrue to any partner, his assignee, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership contin uing the business, at the date of dissolution, in the absence of any agree ment to the contrary."
Section 2. This Act shall become effective on April 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 389.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Burton Coggin Coleman

Dawkins Deal Dean English Engram Fincher Foster

Garner Hine Holloway Horton Howard Huggins Kennedy

MONDAY, FEBRUARY 27, 1984

2465

Kidd Lester MMccGKielnl zie
Peevy
Phillips

Reddish Scott of 2nd SSctaortrt of 43rd
Tate
Thompson

Timmons Trulock Tlurner
Tysinger
Walker

Those not voting were Senators:

Allgood Bond Brannon Broun of 46th Brown of 47th Bryant

Cobb Coverdell Gillis Greene Harris Harrison

Hill Hudgins Land Perry Scott of 36th Stumbaugh

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 389.

SB 167. By Senator Hine of the 52nd:
A bill to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created.

The House substitute to SB 167 was as follows:

A BILL
To be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, so as to provide that under certain circumstances liens on certain property shall be created; to provide for matters relative thereto; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty generally, is amended by striking subsection (c) thereof and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) When possession of the property is surrendered to the debtor, the mechanic shall record his claim of lien within 90 days after the work is done and the material is furnished or, in the case of repairs made on or to aircraft or farm machinery, within 180 days after the work is done and the material is furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of the property resides. The claim shall be in substance as follows:

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'A.B., mechanic, claims a lien on___ (here describe the property) of C.B., for work done, material furnished, and storage accruing (as the case may be) in manufacturing, repairing, and storing (as the case may be) the same.'
(2) If possession of the personal property subject to a special lien as provided in this Code section is surrendered to the debtor and if such special lien is not preserved by recording the claim of lien as provided in paragraph (1) of this subsection, the mechanic acquires a special lien on other personal property belonging to the debtor which comes into the possession of the mechanic, except that this sentence shall not apply to consumer goods which are being used by a consumer for personal, fam ily, or household purposes or which have been bought by a consumer for use for personal, family, or household purposes. The special lien created by this paragraph shall be subject to the provisions of this Code section as to foreclosure and recording."
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 Hine of the 52nd moved that the Senate agree to the House substitute to SB 167.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton
Coggin Coleman Dawkins Deal Dean English

Engram Foster Garner Greene Hine Holloway Horton Howard
Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Phillips Reddish Scott of 43rd Starr Stumbaugh Tate
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Bryant

Cobb Coverdell Fincher

Gillis Harris Harrison

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2467

Hill Peevy

Perry Scott of 2nd

Scott of 36th

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 167.

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 House substitute to SB 455 was as follows:

A BILL
To be entitled an Act to amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records, so as to change certain conditions regarding the release of clinical records; 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 37-7-166 of the Official Code of Georgia An notated, relating to maintenance, confidentiality, and release of clinical records, is amended by striking paragraph (8) of subsection (a) thereof in its entirety and inserting in its place a new paragraph (8) to read as follows:
"(8) Except for matters privileged under the laws of this state, the rec ord shall be produced in response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing;".
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 Howard of the 42nd moved that the Senate agree to the House substitute to SB 455.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bond

Brantley Broun of 46th

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Brown of 47th Burton Coggin Coleman Coverdell Dawkms
Dean English Engram Fincher Foster Garner Greene

Harris Hill Hine Holloway Horton Howard
Hudgins Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Phillips Reddish Starr Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant Cobb

Gillis Harrison Perry

Scott of 2nd Scott of 36th Scott of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 455.

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.

The House substitute to SB 315 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of per sonnel administration, so as to provide that certain records and materials of the State Merit System of Personnel Administration shall be and remain confidential; to provide definitions; to provide that certain material and in formation shall not be disclosed in any judicial, administrative, or other for mal or informal proceeding; to provide exceptions; to provide for other re lated 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. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administra-

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tion, is amended by adding at the end thereof a new Code Section 45-20-15 to read as follows:
"45-20-15. (a) As used in this Code section, the term:
(1) 'Counseling session' means any discussions or meetings be tween a state employee or other employee covered by the state merit sys tem and an official or other employee of the state merit system which discussions or meetings are conducted under an official program estab lished by the commissioner.
(2) 'Information' means any written document or material ac quired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session.
(3) 'Program' means the employee relations counseling function es tablished by the commissioner under which a covered employee is enti tled to confidential counseling with regard to job related problems.
(b) Except as provided in subsections (c), (d), and (e), information received or developed by the merit system staff in performing its counsel ing functions shall be maintained as confidential by the merit system and shall not be subject to disclosure by the merit system unless such infor mation relates directly to proof of the possible violation of a criminal statute.
(c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the informa tion was produced.
(d) (1) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session.
(2) The state merit system counselor may disclose information ob tained in a counseling session to a manager of the state merit system for the purpose of employee counseling. Any such disclosure shall be confi dential and the person to whom the information is disclosed shall be sub ject to the restrictions contained in subsection (b) of this Code section.
(e) Information received by a state merit system counselor during a counseling session, which information indicates that unlawful activity is being conducted in the employee's agency, may be disclosed to the com missioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action.
(f) Any hearing before the board or one of its hearing officers re garding the dismissal of a state employee covered by the merit system must be held in the county in which the employee is employed unless all parties agree to another location."
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 Kidd of the 25th moved that the Senate agree to the House substitute to SB 315.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond
Brantley
Broun of 46th Brown of 47th Burton Coggin Coleman
Coverdell Dawkins Deal Dean
English Engram

Fincher Foster
Garner Gillis Greene
Harris Hill
Hine Holloway
Horton Howard
Hudgins Huggins
Kennedy Kidd Land

Those not voting were Senators:

Lester McGill McKenzie
Perry Phillips Reddish
Scott of 43rd Starr Stumbaugh Tate Thompson
Timmons Trulock Turner Tysinger
Walker

Bowen Brannon Bryant

Cobb Harrison Peevy

Scott of 2nd Scott of 36th

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 315.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 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.

MONDAY, FEBRUARY 27, 1984

2471

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.

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 House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:
Representatives Walker of the 115th, Chambless of the 133rd and Groover of the 99th.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on HB 949 was as follows:

The Committee of Conference on HB 949 recommends that both the Senate and the House of Representatives recede from their positions and

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that the attached Committee of Conference Substitute to HB 949 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District
Wayne Garner Senator, 30th District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas Jr. Representative, 69th District
/s/ Gerald L. Johnson Representative, 70th District
/s/ Frank Home Representative, 103rd District

Conference Committee substitute to HB 949:

A BILL
To be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handi capped Parking Law," so as to change certain definitions; to change the provisions prohibiting the stopping, standing, or parking of vehicles in handi capped parking places; to authorize ambulances or emergency vehicles to stop in handicapped parking places; to change the provisions relating to pen alties and fines; to provide under certain circumstances for towing away of vehicles illegally parked in handicapped parking places; to change the provi sions relating to signs; to provide that such laws shall be applicable to both public and private property; to provide for enforcement; 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 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows:
"40-6-221. As used in this part, the term:
(1) 'Handicapped parking place' means any area on public or pri vate property which has been designated as reserved for use of handi capped persons by any:
(A) Pavement marking bearing the word 'handicap' or 'handi capped,' or a symbol representing a person in a wheelchair; or
(B) Sign erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the word 'hand icap' or 'handicapped,' or a symbol representing a person in a wheelchair, and the words Tow-Away Zone.'

MONDAY, FEBRUARY 27, 1984

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(2) 'Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility.
(3) 'Institution' means an institution for which a permit or condi tional permit may be issued under Article 1 of Chapter 7 of Title 31.
(4) 'Permanently handicapped person' means a handicapped per son whose disability or incapacity can be expected to last for more than 180 days.
(5) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days."
Section 2. Said part is further amended by striking Code Section 406-225, relating to offenses and penalties, and inserting in lieu thereof a new Code Section 40-6-225 to read as follows:
"40-6-225. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222.
(b) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this subsection shall prevent an am bulance or emergency vehicle from stopping in a handicapped parking place.
(c) It shall be unlawful for any person to obtain by fraud or coun terfeit a handicapped parking permit.
(d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit or specially designated li cense plate for the disabled person is issued, to make use of a handi capped parking permit or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the vehicle for which the permit has been issued.
(e) No person shall park a vehicle so as to block any entrance or egress ramp used by handicapped persons on public or private property.
(f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not more than $100.00 for a first offense, not less than $100.00 and not more than $200.00 for a sec ond offense, not less than $200.00 and not more than $500.00 for a third or subsequent offense.
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words 'Tow-Away

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Zone' as described in subparagraph (B) of paragraph (1) of Code Sec tion 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle."
Section 3. Said part is further amended by adding a new Code Sec tion 40-6-226 to read as follows:
"40-6-226. The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Greene of the 26th moved that the Senate adopt the Conference Commit tee report on HB 949.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean 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 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon English

Harrison Scott of 36th

Starr Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 949.

MONDAY, FEBRUARY 27, 1984

2475

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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.
The House substitute to SB 548 was as follows:
A BILL
To be entitled an Act 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; 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 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by striking Code Section 48-5-350, relating to the municipal power to levy taxes for municipal development authorities, in its entirety and inserting in lieu thereof a new Code Section 48-5-350 to read as follows:
"48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its development authority or a joint county and municipal development authority for the purpose of develop ing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed one mill per dollar upon the assessed value of the property; provided, how ever, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not prevent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The ex ceptions to the one mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984."
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 Harris of the 27th moved that the Senate agree to the House substitute to SB 548.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Greene Harris Harrison Hill Hine Horton Howard Huggins Kennedy Kidd Land Lester McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Bowen Brannon Broun of 46th

English Gillis Holloway

Hudgins Scott of 36th

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB S48.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.

MONDAY, FEBRUARY 27, 1984

2477

The House substitute to SB 549 was as follows:
A BILL
To be entitled an Act 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 mu nicipal development authority in certain instances; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by striking par agraph (20) of Code Section 48-5-220, relating to purposes of county taxes, in its entirety and inserting in lieu thereof a new paragraph (20) to read as follows:
"(20) To provide for financial assistance to county or joint county and municipal development authorities for the purpose of developing trade, commerce, industry, and employment opportunities. No tax for this purpose shall exceed one mill per dollar upon the assessed value of the taxable property in the county levying the tax; provided, however, that the authority to levy and collect a tax for the purpose described in this paragraph shall not be deemed to be an exclusive authorization and shall not prevent any county from exercising any power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any county or joint county and municipal development authority. The exceptions to the one mill per dollar tax limitation contained in the pro viso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984; and".
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 Harris of the 27th moved that the Senate agree to the House substitute to SB 549.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brantley Broun of 46th Brown of 47th

Bryant Burton Coggin Coleman Coverdell Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris

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Harrison Hill !1 lne HuSs
Land Lester

McGill McKenzie Phillips Reddish Scott of 2nd Scott of 43rd Starr

Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen OBoraonbnon Dawkins English

Holloway Howard Hudgins Kennedy (presiding)

Peevy Perry Scott of 36th Thompson

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 549.
The President resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 93. By Senators Barker of the 18th, Kidd of the 25th and Garner of the 30th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate behavioral science practition ers; to provide a short title; to provide for legislative intent, purpose, and findings.
The House substitute to SB 93 was as follows:
A BILL To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of certain practitioners of professional counseling, social work, and marriage and family therapy; to provide a short title; to provide for legislative purpose; to provide for definitions; to provide for the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to provide for standards committees; to prohibit certain advertisements, use of titles, and representations; to provide for exemptions; to prohibit certain practices; to provide experience, educa tion, training, examination, and other requirements for licensure in the pro fessions regulated; to provide for reciprocity; to authorize the performance of certain activities and services by licensees, subject to certain limitations; to provide for fees; to provide for licenses issued under this chapter; to pro vide for continuing education; to provide for disciplinary actions and for subpoenas, investigations, hearings, and proceedings related thereto; to pro vide for immunity from liability; to provide for injunctive and other relief; to provide for penalties; to provide for construction; to provide for termination

MONDAY, FEBRUARY 27, 1984

2479

of the board and the repeal of laws relating thereto; to provide conditions for effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 7 of Title 43 a new Chapter 7A to read as follows:
"CHAPTER 7A
43-7A-1. This chapter shall be known and may be cited as the 'Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law.'
43-7A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state.
43-7A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or caus ing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television.
(2) 'Allied profession' means the practice of medicine, psychiatric nursing, applied psychology, or pastoral counseling.
(3) 'Board' means the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists estab lished by this chapter.
(4) 'Counseling techniques' means those techniques used to help persons learn how to solve problems and make decisions related to per sonal growth, vocation, family, social, and other interpersonal concerns.
(5) 'Direction' means the ongoing administrative overseeing of a specialty practitioner's work for the purpose of assuring the quality of the services rendered by that practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working.
(6) 'Fee' means money or anything of value, including but not lim ited to a salary, offered or received as compensation in return for render ing services in any specialty.
(7) 'Joint-secretary' means the joint-secretary of the state examin ing boards. The joint-secretary shall serve as secretary to the board.
(8) 'Marriage and family therapy' means that specialty which cen ters primarily upon family relationships and the relationship between husband and wife and which includes, without being limited to, premari tal, marital, sexual, family, predivorce, and postdivorce issues. This ther apy also involves an applied understanding of the dynamics of marital and family systems, along with the application of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and in-

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terpersonal conflict and changing perception, attitudes, and behavior in the area of marriage and family life.
(9) 'Practice a specialty' means to offer to render for a fee or to render for a fee any service involving the application of principles, meth ods, or procedures of professional counseling, social work, or marriage and family therapy.
(10) 'Private practice' means practice of a specialty other than in a public or nonprofit agency or entity.
(11) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, and interpersonal concerns; utilizes information and commu nity resources for personal, social, or vocational development; utilizes in dividual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment, vocational planning and guidance for persons requesting assistance in adjustment to a disability or handicapping condition; utilizes referral, supervision, or direction for persons who request counseling services; and utilizes meth ods for designing, conducting, and interpreting research, consultation, or both.
(12) 'Psychotherapeutic techniques' means those specific counsel ing techniques involving the in-depth exploration and treatment of inter personal and intrapersonal dynamics but shall not include the perform ance of those activities exclusively reserved to any other business or profession by any other chapter of this title.
(13) 'Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral de gree and which is recognized by the Council on Postsecondary Accreditation.
(14) 'Social work' means that specialty which helps individuals, families, couples, groups, or communities to enhance or restore their ca pacity for social functioning by assisting in the obtaining or improving of tangible social and health services and by counseling and psychotherapeutic techniques in a variety of settings which include but are not lim ited to mental and physical health facilities, child and family service agencies, or private practice.
(15) 'Specialty' means social work, marriage and family therapy, or professional counseling, or any combination thereof.
(16) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's inter action with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills.
(17) 'Supervisor' means a person who meets the requirements es tablished by the standards committee for that specialty which is being

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supervised and who is either licensed under this chapter or is a psychia trist or a psychologist.
(18) The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Depart ment of Education.
(19) The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and National Commission on Accrediting.
43-7A-4. (a) There is created the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. The board shall consist of ten members who have been resi dents of this state for at least 12 months prior to taking office. The ten members shall be constituted as follows:
(1) Three members licensed in professional counseling, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1988, and one of whom shall be desig nated to serve an initial term ending December 31, 1987;
(2) Three members licensed as social workers, one of whom shall be designated at the time of appointment to serve an initial term ending December 31, 1988, the other two of whom shall be designated to serve an initial term ending December 31, 1987;
(3) Three members licensed as marriage and family therapists, two of whom shall be designated at the time of their appointment to serve an initial term ending December 31, 1987, and one of whom shall be desig nated to serve an initial term ending December 31, 1988; and
(4) One member who shall represent the public at large and have no professional connection with any specialty to serve an initial term end ing December 31, 1988.
(b) All members of the board shall be appointed by the Governor, subject to confirmation by the Senate. Those members first appointed to the board under this chapter shall serve for initial terms of office begin ning September 1, 1985. Those members of the board required to be li censed and who are first appointed to the board shall be persons who are practicing in the designated specialty at the time of appointment and who must be licensed therein as required within 12 months following their appointment.
(c) After the initial terms specified in subsection (a) of this Code section, members of the board shall take office on the first day of January immediately following the expired term of that office and shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms.
(d) Members of the board may be removed by the Governor, after

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notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony.
(e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified.
(0 Any person appointed to the board when the Senate is not in regular session may serve on the board without Senate confirmation until the Senate acts upon that appointment.
43-7A-5. (a) The members of the board shall take an oath to per form faithfully the duties of their office. Within 30 days after taking the oath of office, the first board appointed under this chapter shall meet for an organizational meeting on call by the joint-secretary. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairperson and vice chairperson to serve for terms of two years.
(b) The quorum for the transaction of business of the board shall be as provided in subsection (b) of Code Section 43-1-12.
(c) Unless specifically delegated to a standards committee pursu ant to Code Section 43-7A-6, the board shall have the following powers and duties:
(1) To adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of this chapter;
(2) To issue, renew, and reinstate the licenses of duly qualified ap plicants for licensure to practice a specialty in this state;
(3) To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty in this state;
(4) To initiate investigations for the purpose of discovering viola tions of this chapter;
(5) To conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter;
(6) To issue to specialists licensed under this chapter certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the chairperson of the board and the joint-secretary;
(7) To adopt a seal; and
(8) To do all other things necessary to administer and enforce this chapter and all rules and regulations adopted by the board pursuant to this chapter.
(d) The board shall adopt a code of ethics to govern the behavior of persons licensed under this chapter, including but not limited to the

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prohibiting of practice in those areas in which the specialty practitioner has not obtained university level graduate training or substantially equivalent supervised experience.
(e) Each member of the board shall be reimbursed as provided in subsection (0 of Code Section 43-1-2.
(f) After a person has applied for licensure, no member of the board may supervise or direct such applicant for a fee nor shall any member vote on any applicant previously supervised or directed by that member.
(g) The board shall hold at least two regular meetings each year. Additional meetings may be held upon the call of the chairperson of the board or at the written request of any four members of the board.
43-7A-6. (a) Those members of the board from the professional counseling specialty, the social work specialty, and the marriage and family therapy specialty shall constitute a separate standards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for licensure in that com mittee's specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty.
(b) No decision of a standards committee shall become effective until approved by the board. The board may initiate or otherwise act regarding any matter in which a standards committee is authorized to act. No decision of the board regarding a particular specialty shall be come effective without the approval of at least two of the members of the standards committee for that specialty.
(c) Meetings of a standards committee shall be reimbursed on the same basis as board meetings.
43-7A-7. (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not advertise that such per son is so licensed nor use the title 'professional counselor,' 'social worker,' 'marriage and family therapist,' or any combination of such titles, or any other name, style, or description denoting that such person is licensed under this chapter.
(b) The prohibition of subsection (a) of this Code section shall not apply to the following persons:
(1) Persons engaged in the practice of any specialty prior to July 1, 1985, but the prohibition of subsection (a) of this Code section shall apply to such persons on and after July 1, 1987;
(2) Persons licensed to practice medicine or applied psychology under Chapter 34 or 39, respectively, of this title;
(3) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed

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hospital or long-term care facility, but only when engaged in that prac tice as an employee of such agency, department, hospital, or facility;
(4) Persons who, prior to July 1, 1987, engaged in the practice of a specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department;
(5) Students of a recognized educational institution who are pre paring to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern';
(6) Primary, middle, or secondary school social workers certified as school social workers by the Department of Education but only in the course of such employment and only when designated by the title 'school social worker';
(7) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy and members of religious ministries responsible to their established ecclesiastical author ity who possess a master's degree or its equivalent in theological studies;
(8) Persons engaged in the practice of a specialty as an employee of the Department of Family and Children Services but only when en gaged in such practice as an employee of that department; and
(9) Persons who have obtained a bachelor's degree in social work from a school accredited by the Council on Social Work Education may use the title 'social worker.'
(c) Unless exempt under paragraph (1), (2), (3), or (9) of subsec tion (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partner ship, association, or business name any term or title restricted under sub section (a) of this Code section, or which so uses the terms 'professional counseling,' 'social work,' or 'marriage and family therapy,' or any com bination of any such terms.
43-7A-8. No person shall be eligible for licensure under this chap ter unless such person furnishes satisfactory evidence to the board of all of the following:
(1) Having met the education, training, and experience require ments of Code Section 43-7A-11, 43-7A-12, or 43-7A-13 regarding that specialty for which a license is sought;
(2) Having successfully passed the examination established for that specialty under Code Section 43-7A-9, except that:
(A) Persons practicing a specialty on or before July 1, 1985, who have applied for licensure prior to July 1, 1986, and who meet the re quirements of paragraph (1) of this Code section; and

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(B) Persons meeting the requirements of Code Section 43-7A-10, relating to licensure by reciprocity,
shall not be required to pass such examination;
(3) Having paid any required license fee; and
(4) Having furnished at least two personal references from super visors, teachers, or any combination thereof.
43-7A-9. The board shall provide for the conduct of examinations for licensure in each specialty at least twice a year. Examinations may be written, oral, experiential, or any combination thereof and shall deal with such theoretical and applied fields as prescribed by the board. The ex aminee's name shall not be disclosed to any person grading the examina tion until that grading is complete.
43-7A-10. The board may issue a license without examination to any applicant licensed in a specialty under the laws of another state or territory having requirements for licensure in that specialty which are substantially equal to the licensure requirements for that specialty in this state if that state or territory accords a similar privilege to holders of licenses under this chapter.
43-7A-11. (a) The education, experience, and training require ments for licensure in professional counseling are as follows:
(1) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or
(2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised intern ship or practicum and two years of directed experience with at least one year under supervision in a setting acceptable to the board; or
(3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised intern ship or practicum and four years of directed experience with at least one year under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practi cum placement as part of the degree program.
(b) For purposes of subsection (a) of this Code section, work set tings acceptable to the board may include, but are not limited to, educa tional, rehabilitation, career development, mental health, community, or industrial organizations.
43-7A-12. (a) The education, experience, and training require ments for licensure in social work are as follows:
(1) For licensure as a master's social worker, a master's degree in social work from a school accredited by the Council on Social Work Edu cation and one year's full-time directed experience and one year's full-

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time supervised experience in the practice of social work following the granting of that degree; and
(2) For licensure as a clinical social worker:
(A) A master's degree in social work from a school accredited by the Council on Social Work Education; and
(B) Four years's full-time supervised experience in the practice of social work following granting of the master's degree, except that one year of supervised experience may have been in an approved practicum placement as part of a degree program. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such supervised experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker, or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application.
(b) Licensed master's social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of so cial resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling techniques, and supportive services such as administration, direction, consultation, re search, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and may only be in a public or private nonprofit agency or other licensed private agency ap proved by the board. Thereafter, they may engage in private practice, except that those social workers whose practice includes counseling or psychotherapeutic techniques may only engage in such practice under the supervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. The supervision schedule and supervisor must be acceptable to the board and must be approved prior to entering private practice.
(c) Licensed clinical social workers may provide supervision, direc tion, psychosocial evaluations, counseling, and psychotherapeutic services to individuals, couples, families, and groups, may interpret the psychosocial dynamics of a situation to individuals, couples, families, or groups in such settings as private practice, health care facilities, and schools, and may provide direct evaluation, prevention, and intervention services in situations threatened or affected by social and intrapersonal stress or health impairment.
43-7A-13. The education, experience, and training requirements for licensure in marriage and family therapy are as follows:
(1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage

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and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the prac tice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; or
(2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision in the prac tice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program.
43-7A-14. Application, examination, license, license renewal, and penalty fees shall be established by the board pursuant to Code Section 43-1-7.
43-7A-15. Expiration, renewal, and penalty dates for licenses is sued under this chapter shall be established pursuant to Code Section 431-4. No person whose license has expired shall have such license rein stated without complying with the rules and regulations regarding rein statement set forth by the board.
43-7A-16. The board shall establish continuing education require ments for license renewal. The number of hours of continuing education in each specialty shall not exceed the number of hours available that year in each such specialty in board approved courses within the state. The board may waive these continuing education requirements for not more than 12 months, but such waiver shall only be available upon the licen see's satisfactory showing to the board of undue hardship.
43-7A-17. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a per son licensed by the board or to discipline a person licensed by the 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 chapter or rules or regulations promulgated there under; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issu ance 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 specialty or on any document con nected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the specialty; or made a false statement or deceptive registration with the board;

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(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 provi sions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his license to practice a specialty 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 law ful licensing authority other than the board, pursuant to disciplinary pro ceedings; or was refused the renewal of a license by any such lawful li censing 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 practice the specialty, 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 specialty but shows that the licensee or applicant has committed any act or omis sion which is indicative of bad moral character or untrustworthiness; un professional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing prac tice of the specialty;
(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 the board to practice unlawfully a specialty or to practice 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 board, the United States, or any other lawful author-

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ity (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of the specialty, 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 discipli nary 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 the specialty with reasona ble skill and safety to the public or has become unable to practice the specialty with reasonable skill and safety to the public by reason of ill ness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Admin istrative 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, the 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 the board finds that any person is unqualified 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 regulations relating to a specialty, the board may take any one or more of the follow ing 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 period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license;
(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or

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(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the specialty.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding ad verse 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 the board shall be had solely in the superior court of the county of domicile of the board.
(g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, follow ing such procedures as the board may prescribe by rule; and, as a condi tion thereof, it may impose any disciplinary or corrective method pro vided in this Code section.
(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 the board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, docu ment, or other material relating to the fitness of any licensee or appli cant. The joint-secretary or his appointed representative may issue sub poenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter 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 relat ing to any person who receives services rendered by that licensee in his capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any 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 dur ing its deliberations on disciplinary proceedings and to discuss any disci plinary matter in private with a licensee or applicant and the legal coun sel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other en-

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tity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceed ing involving the provisions of subsection (a) of this Code section 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 board, the board may proceed to hear the evidence against such licensee 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 upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' 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 the board. The board may restore and reissue a license to prac tice a specialty and, as a condition thereof, may impose any disciplinary sanction provided by this Code section.
(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 the board of a specialty shall not exempt licen sees under this chapter 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 Business Practices Act of 1975.'
43-7A-18. Whenever it shall appear to the board that any person is or has been violating any provisions of this chapter or any of the lawful rules, regulations, or orders of the board, the board, the joint-secretary, or the appropriate district attorney may file a petition for injunction in the proper superior court of this state against such person for the purpose

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of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy available, including but not limited to any right of criminal pros ecution provided by law.
43-7A-19. It shall be unlawful for a person to obtain or attempt to obtain a license under this chapter by fraudulent representation.
43-7A-20. Any person violating Code Section 43-7A-19 or Code Section 43-7A-7 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $ 1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months.
43-7A-21. (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or busi ness name any term or title restricted under subsection (a) of Code sec tion 43-7A-7 or the term 'professional counseling,' 'social work,' or 'mar riage and family therapy,' unless such person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (3), or (9) of subsection (b) of Code Section 43-7A-7, is licensed under this chapter.
(b) Any corporation, partnership, association, or other business en tity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense.
43-7A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, applied psychology, or recreational therapy, as regulated under Chapters 26, 28, 33, 34, 39, and 41, respec tively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, 39, and 41 of this title, nor shall anything in this chapter be con strued to authorize persons licensed under this chapter to perform psy chological testing.
43-7A-23. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall be terminated on July 1, 1989, and this chapter and any other laws relat ing to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
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.

On the motion offered by Senator Barker of the 18th that the House substitute to

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SB 93 be agreed to, said motion having been postponed previously in order that the substitute might be printed, 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 Dean English Engram

Fincher Foster Garner Gillis Harris Harrison Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins Deal

Greene Hill

Hine Peevy

Those not voting were Senators:

Brannon Bryant

Cobb

Tate

Scott of 36th

On the motion, the yeas were 45, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 93.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 877 and that a Conference Committee be appointed.

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On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 877.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Dawkins of the 45th, Peevy of the 48th and Hine of the 52nd.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 175. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Code Section 20-2-922 of the Official Code of Georgia An notated, relating to commencement dates for the public school employees health insurance plan, so as to provide that the State Personnel Board may design and conform the health insurance plan in accordance with whatever amount of funds is appropriated or otherwise made available for the health insurance plan.

The House substitute to SB 175 was as follows:

A BILL
To be entitled an Act to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health insurance plan for public school employees, so as to change the provisions relating to contributions to the health insurance plan; to change the provisions relative to commencement dates for the health insurance plan and employee participation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health insurance plan for public school employees, is amended by striking Code Section 20-2920, relating to contributions to the health insurance plan, in its entirety and substituting in lieu thereof a new Code Section 20-2-920 to read as follows:
"20-2-920. (a) During any period in which an employee is covered under the health insurance plan authorized by this subpart prior to the date of the employee's retirement, there shall be withheld from each sal ary payment of such employee, as the employee's share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accor dance with this subpart as may be established by the board. During any month in which benefits are being paid by a public school employees'

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retirement system to an individual so covered under this program, contri butions shall be deducted from such payments in the amounts prescribed by the board with the consent of the recipient.
(b) The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board to maintain the employee contributions consistent with other health insurance plans administered by the board.
(c) If a local school system elects not to participate in the health insurance plan, the board may establish regulations by which the em ployees of such local school system may enroll as a group, provided an adequate participation percentage is maintained to assure a sound policy of shared risk."
Section 2. Said subpart is further amended by striking Code Section 20-2-922, relating to commencement dates and employee contributions, in its entirety and substituting in lieu thereof a new Code Section 20-2-922 to read as follows:
"20-2-922. (a) On a date as soon as practicable, as determined by the board, which is defined as the 'employer commencement date,' the commissioner shall notify the State School Superintendent and local school superintendents that the employer payments shall commence on such date. The Superintendent shall notify the employees that employee payments will commence on a date following the employer commence ment date, which will be determined by the board. The date as estab lished by the board with reference to the employee payments is defined as the 'employee commencement date.'
(b) Any employee who is otherwise eligible in accordance with rules and regulations of the board shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the board rel ative thereto."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 175.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond

Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin

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Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

JOURNAL OF THE SENATE

Harris Harrison Hill
Hine Horton Howard
Hudgins Huggins Kennedy
Kidd Lester McGill

McKenzie Peevy Perry
Phillips Reddish Scott of 2nd
Scott of 43rd Stumbaugh Thompson
Trulock Tysinger Walker

Those not voting were Senators:

Brannon
Holloway Land

Scott of 36th
Starr Tate

Timmons Turner

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 175.

Senator Coverdell of the 40th introduced Honorable Newt Gingrich, U.S. Repre sentative in Congress from the 6th Congressional District of Georgia, who briefly ad dressed the Senate.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 390 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, 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; to validate certain prior authorizations for Sunday sales of alcoholic beverages; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 27, 1984

2497

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, is amended
by adding at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, a new subsection (1) to read as follows:

"(1) (1) Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for con sumption on the premises, the governing authority of the county or mu
nicipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any
licensed establishment which derives at least 50 percent of its total an nual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is
served and in any licensed establishment which derives at least 50 per cent of its total annual gross income from the rental of rooms for over night lodging.

(2) Any governing authority desiring to permit and regulate Sun day sales pursuant to this subsection, but only after a referendum elec tion, shall so provide by proper resolution or ordinance conditioned on a referendum. 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 elec tion superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The su perintendent 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 election to be pub lished in the official organ of the county once a week for two weeks im mediately preceding the date thereof. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the governing authority of (name of munici pality or county) be authorized to permit and regulate Sunday sales of distilled spirits of alcoholic bev erages for beverage 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. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality 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.

(3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to the

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effective date of this subsection pursuant to the authorizations granted by subsections (a) through (k) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality."
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 Coggin of the 35th moved that the Senate agree to the House substitute to SB 390.

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 Brantley Broun of 46th Coggin Coleman Coverdell English Engram

Garner Gillis Harris Harrison Hill Holloway Hudgins Kennedy Kidd Lester McGill

McKenzie Peevy Perry Phillips Scott of 2nd Stumbaugh Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Brannon Brown of 47th Burton Dawkins Deal

Dean Fincher Foster Greene Hine Horton

Huggins Land Reddish Starr Thompson

Those not voting were Senators:

Bryant Cobb

Howard Scott of 36th

Scott of 43rd Tate

On the motion, the yeas were 33; nays 17; the motion prevailed, and the Senate agreed to the House substitute to SB 390.

MONDAY, FEBRUARY 27, 1984

2499

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 451. By Representatives Col well 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.
Senate Sponsors: Senators Garner of the 30th and Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Hudgins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Fincher Holloway

Howard Huggins Scott of 36th

Starr Tate Timmons

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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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.
Senate Sponsor: Senator Greene of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Dawkins Deal Dean

English Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Thompson Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Coverdell Fincher

Garner Hill Howard Reddish

Scott of 36th Tate Timmons Trulock

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 27, 1984

2501

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in amending the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:

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 hospital.

The Speaker has appointed on the part of the House:
Representatives Chambless of the 133rd, Smyre of the 92nd and Buck of the 95th.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:
Representatives Dover of the llth, Martin of the 60th and Kilgore of the 42nd.

The House has disagreed to the Senate amendment to the following bill of the House:

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.

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The House insists on its position in amending the following resolution of the Senate:
SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:
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 vehicles liability policies and coverage of claims against uninsured motorists, so as to increase certain cov erages in motor vehicle liability insurance policies.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.

MONDAY, FEBRUARY 27, 1984

2503

The Speaker has appointed on the part of the House:

Representatives Lee of the 72nd, Wilson of the 20th and Evans of the 84th.

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 354 was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relative to the definition of invol untary separation from employment without prejudice and involuntary sepa ration from employment with prejudice; to provide for certain definitions; to provide the grounds and procedures for the discharge of employees from employment and that employees so discharged shall not be entitled to and shall not receive a retirement benefit based on involuntary separation from employment without prejudice; to provide for judicial review; to prohibit re leases or separations from state service of any public official or employee who is entitled to involuntary separation benefits under the Employees' Re tirement System of Georgia except under certain limited circumstances; to provide procedures for the continued employment of certain employees pro posed for involuntary separation from employment and to define terms in connection therewith; to provide for other matters relative to the foregoing; to repeal a provision relative to discretionary termination of employees; to provide that this Act shall become effective on a certain date only if a cer tain amendment to the Constitution is ratified; to provide that this Act is

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exempt from the provisions of a certain Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 47 of the Official Code of Georgia An notated, relating to the Employees' Retirement System of Georgia, is amended by striking paragraphs (20) and (21) of Code Section 47-2-1, re lating to definitions, in their entirety and substituting in lieu thereof new paragraphs (20) and (21) to read as follows:
"(20) 'Involuntary separation from employment without prejudice' means separation or release from service other than by the willing choice of a member, provided that such member has not been convicted in a court of competent jurisdiction of any crime involving moral turpitude or malfeasance in office or has not been forced to make restitution for any funds or property wrongfully taken by the member. Involuntary separa tion shall not include the defeat in an election of an elected official who becomes a member of this retirement system for the first time on or after July 1, 1971.
(21) 'Involuntary separation from employment with prejudice' means separation or release from service other than by the willing choice of a member who has been convicted in a court of competent jurisdiction of a crime involving moral turpitude or malfeasance in office or who has been forced to make restitution for any funds or property wrongfully taken by the member."
Section 2. Said chapter is further amended by adding at the end of Article 1, relating to general provisions, two new Code sections to be desig nated Code Sections 47-2-2 and 47-2-3 to read as follows:
"47-2-2. (a) The provisions of this Code section are supplemental to, and not in lieu of, the provisions of paragraphs (20) and (21) of Code Section 47-2-1 defining 'involuntary separation from employment without prejudice' and 'involuntary separation from employment with prejudice.'
(b) The word 'employee' as defined in paragraph (2) of subsection (c) of this Code section shall include any such employee in the classified or unclassified service of the State Merit System of Personnel Adminis tration provided for by Chapter 20 of Title 45. The provisions of that law or any rules or regulations promulgated pursuant thereto relative to the dismissal of employees from employment shall not be applicable to the discharge of an employee from employment pursuant to the provisions of this Code section. Any such employee who is otherwise subject to that law and rules or regulations promulgated pursuant thereto shall continue to be subject thereto for the purpose of any adverse personnel action other than discharge from employment or suspension pursuant to this Code section, but for the purposes of such discharge from employment or suspension, the provisions of this Code section shall be exclusive.
(c) As used in this Code section, the term:
(1) 'Duties' means duties and responsibilities assigned by an em ployer to an employee which are reasonably related to the lawful objec-

MONDAY, FEBRUARY 27, 1984

2505

lives and responsibilities of the employer and which are reasonably re lated to the position of employment held by the employee for which the employee is compensated.
(2) 'Employee' means an employee, other than an elected public offi cial, a public official selected by a vote of a board to serve at the pleasure of the board, or a public official appointed pursuant to law for a specific term of office, as defined in paragraph (16) of Code Section 47-2-1 who was a member of the retirement system prior to April 1, 1972, and who, if involuntarily separated from employment without prejudice, has suffi cient membership service under the retirement system to qualify for a retirement allowance because of such involuntary separation from employment.
(3) 'Employer' means any person or group of persons authorized by law or having authority delegated by law to discharge an employee.
(4) 'Insubordination' means the refusal by an employee to carry out the employee's duties when instructed to do so by the employer or by the employee's supervisor upon the instructions or under the authority of the employer.
(5) 'Irresponsible performance of duties' means the performance of any duties by an employee or the use of an employee's position of em ployment for any one or more of the following purposes:
(A) To make a financial gain or receive materials or services having financial value, except compensation received as an employee, under cir cumstances which would lead a reasonable person to believe that the financial gain or the receipt of materials or services was improperly re lated to the performance of duties by the employee;
(B) To purchase or authorize the purchase of materials or services from public funds when the employee knows or reasonably could be ex pected to know that the amount paid for such materials or services un reasonably exceeds the amount for which substantially equivalent materi als or services could be purchased without excessive delay or inconvenience;
(C) To use publicly owned real or personal property or publicly sup plied services for personal use when the employee knows or reasonably could be expected to know that such personal use of public property or services is unauthorized or improper; or
(D) To expend or authorize the expenditure of public funds in a manner which would lead a reasonable person to believe the employee shows a reckless disregard for the obligation to taxpayers to expend pub lic funds in a prudent and efficient manner.
(6) 'Malingering' means frequent absences from work or the failure to perform duties during working hours because of claims of illness which are unsubstantiated as determined pursuant to subsection (e) of this Code section.
(7) 'Neglect of duty' means the repeated failure by an employee to

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carry out the employee's duties, either because of excessive unexcused absences from work or a failure to perform or the unsatisfactory per formance of duties while at work or a combination thereof.
(8) 'Proof of illness' means a written opinion by one or more physi cians designated by the medical board provided for by Code Section 472-24 stating that an employee's absences from work or unsatisfactory performance of duties are reasonably related to an illness suffered by the employee and describing the nature of such illness.
(9) 'Unsatisfactory performance of duties in a willful manner' means the unsatisfactory performance of duties by an employee when the past satisfactory performance of duties by the employee indicates the em ployee's unsatisfactory performance is willful as determined pursuant to subsection (f) of this Code section.
(d) An employee may be discharged from employment pursuant to the requirements of this Code section for insubordination, irresponsible performance of duties, malingering, neglect of duty, or unsatisfactory performance of duties in a willful manner, or for any combination of such reasons. Any employee so discharged from employment shall not be entitled to and shall not receive a retirement benefit based on involuntary separation from employment without prejudice pursuant to Code Section 47-2-123.
(e) An employer shall have a reasonable basis for believing an em ployee is malingering when:
(1) The employee has a pattern of absences from work because of illness or unsatisfactory performance of duties because of illness or a pat tern of absences from work and unsatisfactory performance of duties be cause of illness;
(2) The employer has requested the employee, in writing, to provide proof of illness and the employee has been given a reasonable opportu nity, which shall not be less than 30 days after the date of the request made by the employer, to respond to the employer's request; and
(3) The employee has provided no or unsatisfactory proof of illness to the employer in response to the request made pursuant to paragraph (2) of this subsection.
(f) An employer shall have a reasonable basis for believing an em ployee is engaging in unsatisfactory performance of duties in a willful manner when:
(1) The past work history of the employee indicates the employee is capable of satisfactory performance of duties;
(2) The unsatisfactory performance of duties became increasingly apparent after the employee qualified for a retirement benefit based on involuntary separation from employment without prejudice; and
(3) The employee does not claim illness as a basis for unsatisfactory performance of duties and has offered no proof of illness to the employer.

MONDAY, FEBRUARY 27, 1984

2507

(g) When an employer is considering the discharge from employ ment of an employee for any one or more reasons specified in subsection (d) of this Code section, the employer shall transmit a written notice to the employee containing the following:
(1) An explanation of the conduct or deficiencies of the employee which forms the basis for the employer's considering the discharge of the employee;
(2) A statement that such conduct may result in the employee's dis charge from employment on a specified date, which shall not be earlier than the tenth day following the date of the notice in the case of insubor dination or irresponsible performance of duties and not earlier than the thirtieth day following the date of the notice if the basis for considering the discharge of the employee is for a reason or reasons other than insub ordination or irresponsible performance of duties;
(3) A statement that the employee's discharge from employment for the reasons specified in the notice shall not constitute involuntary separa tion from employment without prejudice within the meaning of the appli cable provisions of the Employees' Retirement System of Georgia and that if discharged, the employee shall not be entitled to receive and shall not receive a retirement benefit based on involuntary separation from em ployment without prejudice;
(4) A statement that the employee has a right to a hearing before the employer on a specified date, which shall be at least five days prior to the date specified for the employee's discharge from employment; and
(5) A statement that at the hearing before the employer, the em ployee shall be given an opportunity to offer explanations for the em ployee's conduct or deficiencies and to present evidence on the employee's behalf.
(h) An employee being considered for discharge from employment because of insubordination or irresponsible performance of duties may be suspended without pay, except to the extent the employee has accumu lated annual leave, pending the completion of the procedures provided for in subsections (g) and (i) of this Code section. If the employer's final decision is not to discharge the employee or if the employee's discharge is not upheld by the court upon judicial review provided for in Code Section 47-2-3, the compensation denied to the employee during suspension shall be reimbursed to the employee and, if applicable, accumulated leave used during the suspension shall be reinstated.
(i) If an employee subject to the provisions of subsection (g) of this Code section fails to respond to the notice sent to the employee pursuant to said Code section or if the employer is not satisfied with the explana tion made by the employee for the conduct or deficiencies specified in said notice and is not satisfied with the evidence presented in the em ployee's behalf, the employee may be discharged from employment on the date specified in said notice or on such later date as shall be specified in writing by the employer to the employee. The employee shall be noti fied, in writing, of the final decision of the employer and such notice shall provide an explanation for the employer's decision.

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(j) An employer discharging an employee pursuant to this Code sec tion shall prepare a written report to the board of trustees on the dis charge of the employee. Any notices or other written communications to the employee which relate to the employer's decision to discharge the employee shall be attached to and made a part of the employer's report to the board of trustees.
(k) It shall be the duty of any employer considering the discharge of an employee for any reason or combination of reasons specified in subsec tion (d) of this Code section to follow the procedures specified in this Code section as a condition precedent to the discharge of such employee.
47-2-3. (a) As used in this Code section, the term:
(1) 'Employee' means an employee subject to the provisions of Code Section 47-2-2 who is discharged from employment pursuant to that Code section and who is aggrieved by such discharge from employment.
(2) 'Employer' shall have the same meaning as the definition of that word provided in paragraph (3) of subsection (c) of Code Section 47-2-2.
(b) An employee shall have the right to judicial review of the em ployee's discharge from employment pursuant to the provisions of Code Section 47-2-2. Proceedings for judicial review may be instituted by filing a petition within 30 days after the date the employee's discharge from employment becomes final as specified in the notice sent to the employee pursuant to subsection (i) of Code Section 47-2-2. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the employee. The petition shall state the na ture of the employee's interest and the grounds as specified in subsection (f) of this Code section upon which the employee contends that the em ployee's discharge from employment should be reversed or modified. The petition may be amended by leave of the court. The filing of the petition does not itself stay the enforcement of the employer's decision to dis charge the employee, but the reviewing court may order a stay upon ap propriate terms for good cause shown.
(c) Within 30 days after service of the petition or within further time allowed by the court, the employer shall transmit to the reviewing court the original or a certified copy of the entire record, which shall include the report prepared by the employer pursuant to subsection G) of Code Section 47-2-2, of the proceedings under review. The court may require or permit subsequent corrections or additions to the record.
(d) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satis faction of the court that the additional evidence is material and there were good reasons for failure to present it in the hearing before the em ployer, the court may order that the additional evidence be taken before the employer upon conditions determined by the court. The employer may modify the employer's findings and decision to discharge the em ployee by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

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(e) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in proce dure before the employer, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
(f) The court shall not substitute its judgment for that of the em ployer as to the weight of the evidence on questions of fact. The court may affirm the decision of the employer or remand the case for further proceedings. The court may reverse or modify the decision of the em ployer to discharge the employee if substantial rights of the employee have been prejudiced because the administrative findings, inferences, conclusions, or decision of the employer were:
(1) In violation of constitutional or statutory provisions;
(2) In excess of statutory authority of the employer;
(3) Affected by other error of law;
(4) Clearly erroneous in view of the reliable, probative, and substan tial evidence on the whole record; or
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(g) If the employee or the employer is aggrieved by a final judgment of the superior court under this Code section, either such party may ob tain review of such final judgment pursuant to the provisions of Code Section 5-6-35."
Section 3. Said chapter is further amended by adding at the end of Code Section 47-2-123, relating to allowances payable upon death, disabil ity, or involuntary separation from employment, two new subsections (g) and (h) to read as follows:
"(g) From and after January 1, 1985, no employing unit within the government of the State of Georgia, including every department, com mission, board, bureau, agency, branch of government, or any other em ploying unit by whatever name called, which has the authority and power to appoint, employ, release, separate, or fail to reappoint public officials or employees shall release or separate from state service, or fail to reappoint to continued state service, any public official or employee who is entitled to coverage under the involuntary separation retirement benefits provisions of this Code section. A release, separation, or failure to reappoint in violation of the provisions of this subsection shall be illegal, un lawful, and void. However, such releases or separations from state service or failures to reappoint to continued state service shall not be subject to the provisions of this subsection if such releases or separations from ser vice or failures to reappoint occur under any of the following circumstances:
(1) Separation or release from service of an official or employee pur suant to Code Section 47-2-2;

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(2) Separation or release from service of an official or employee for any reason which would constitute cause as defined in the rules and regu lations of the State Personnel Board if such separation or release from service is not pursuant to Code Section 47-2-2;
(3) Separation or release from service of an official or employee for criminal conduct under the laws of this state, any other state, or the United States; or
(4) A 'discretionary termination' which means any one of the following:
(A) Separation or release from service of an official or employee under circumstances in which an official or employee is released or sepa rated or any official's or employee's position or job is abolished through a valid reduction-in-force plan approved by the State Merit System of Per sonnel Administration;
(B) Separation or release from service of any official or employee by reason of a bona fide reorganization of any employing unit, with respect to which reorganization any such separations or releases have been ap proved in advance by the Governor; or
(C) Separation or release from service of an official or employee, or failure of reappointment of an official or employee, who holds a confiden tial position to an appointed or elected public official, or a group of ap pointed or elected public officials, incurred as a result of a change of administration in the office of such appointed or elected public official, or group of appointed or elected public officials.
(h) (1) Except where termination is required by a sudden and unex pected loss of federal or state funds, an employer intending the discre tionary termination of an official or employee shall notify the commis sioner of personnel administration at least 60 but not more than 120 days prior to the effective date of the discretionary termination of such official or employee. If termination is required by a sudden and unexpected loss of federal or state funds, the employer shall notify the commissioner of personnel administration as soon as the employer becomes aware of the loss of funds and the termination shall be delayed until the completion of the procedures required by this subsection. Pending the completion of such procedures, the employee or official proposed for termination be cause of a sudden and unexpected loss of federal or state funds shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and a copy thereof shall be forwarded to the board of trustees at the same time it is forwarded to the commissioner of personnel administration. The no tice shall include the following information:
(A) The name and current annual compensation of the official or employee proposed for discretionary termination;
(B) The age, length of service, current job description, and summary of the work experience of the official or employee proposed for discretion ary termination;

MONDAY, FEBRUARY 27, 1984

2511

(C) The educational qualifications of the official or employee pro posed for discretionary termination; and
(D) An explanation of the reasons for the proposed discretionary termination of the official or employee.
(2) After receipt of the notice provided for in paragraph (1) of this subsection, the commissioner of personnel administration shall schedule an interview with the official or employee proposed for discretionary ter mination. The interview shall be held within 15 days after receipt of the notice. Based on the interview with the official or employee proposed for discretionary termination and the information provided by the notice re ceived by the commissioner pursuant to paragraph (1) of this subsection, the commissioner of personnel administration shall contact appropriate state departments, boards, bureaus, and other agencies of the state gov ernment for the purpose of seeking continued employment for the official or employee proposed for discretionary termination. Any position for con tinued employment of the official or employee proposed for discretionary termination which is obtained by the commissioner of personnel adminis tration shall meet the following requirements:
(A) The annual compensation for such position shall be the same or greater than the current annual compensation of the official or employee proposed for discretionary termination;
(B) The duties for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or employee proposed for discretionary termination;
(C) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and
(D) The position must be available for acceptance by the official or employee proposed for discretionary termination at least one day prior to the effective date of such termination and an offer of the position to the official or employee must be made, in writing, by not later than the day immediately preceding the effective date of the discretionary termination.
(3) Any official or employee proposed for discretionary termination who is offered a position of continued employment in conformity with the requirements of paragraph (2) of this subsection shall be deemed to have resigned from service at his or her own choice upon the failure of such official or employee to accept the position of continued employment, and no such official or employee so resigning from service shall qualify for retirement benefits based upon involuntary separation from employment without prejudice as authorized by this Code section.
(4) If the commissioner of personnel administration fails to obtain a position of continued employment in conformity with the requirements of paragraph (2) of this subsection for an official or employee proposed for discretionary termination, then, on the effective date of the discretionary termination, the official or employee may be considered involuntarily sep arated from employment without prejudice for the purposes of this Code section.

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JOURNAL OF THE SENATE

(5) The commissioner of personnel administration shall notify the board of trustees in writing of the action taken by the commissioner pur suant to this subsection and of any position of continued employment which is offered to and accepted or refused by an official or employee proposed for discretionary termination.
(6) It is the intention of this subsection to provide procedures to secure the continued employment of officials and employees who may be come subject to discretionary termination, and the provisions of this sub section shall not be construed to create any right to continue in a position of employment when that right does not exist independently of this subsection."
Section 4. Subject to the requirements of Section 5 of this Act, effec tive January 1, 1985, Code Section 47-2-123.1, relating to procedures and requirements applicable to the discretionary termination of certain employee members of the Employees' Retirement System of Georgia, shall stand re pealed in its entirety.
Section 5. This Act shall become effective on January 1, 1985, only if a proposed amendment to the Constitution authorizing the General Assem bly to revise provisions of public retirement or pension systems relating to involuntary separation from employment is ratified at the 1984 general elec tion. In the event such proposed constitutional amendment is not so ratified this Act shall be null, void, and of no force and effect and shall stand re pealed in its entirety on January 1, 1985.
Section 6. Pursuant to the authority of the proposed constitutional amendment described in Section 5 of this Act and being contingent for its effectiveness on January 1, 1985, upon the ratification of such proposed con stitutional amendment, this Act is exempt from the provisions of Chapter 20 of Title 47 of the Official Code of Georgia Annotated known as the "Public Retirement Systems Standards Law."
Section 7. 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

TO:
FROM: DATE:

STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson, Chairman House Retirement Committee
W. M. Nixon, State Auditor
February 22, 1984

MONDAY, FEBRUARY 27, 1984

2513

SUBJECT: Senate Bill 354 Substitute (LC 7 5728S) Employees' Retirement System
This Bill would change provisions relative to the definition of involun tary separation from employment. The Bill would become effective on Janu ary 1, 1985 only if a proposed amendment to the Constitution authorizing the General Assembly to revise provisions of public retirement or pension systems relating to involuntary separation from employment and retirement and pension benefits in connection therewith is ratified at the 1984 general election.
The Bill would redefine the definitions of involuntary separation from employment without prejudice and with prejudice. It would also add defini tions for employee, duties, employer, insubordination, irresponsible perform ance of duties, malingering, neglect of duties, proof of illness, and unsatis factory performance of duties in a willful manner. Any employee discharged as a result of these actions would not be entitled to a retirement benefit based on involuntary separation from employment without prejudice. The Bill also establishes procedures to be followed in the event an employee is to be discharged as a result of these actions. The Bill would also prohibit re leases or separations from state service of any public official or employee who is entitled to involuntary separation benefits except under certain circumstances.
This is to certify that this is a retirement bill having a fiscal impact, however, it is exempt from the provisions of the "Public Retirement Systems Standards Act" (HB 219--1983 Session) because this Bill only becomes ef fective if a Constitutional amendment proposed (SR 274 Substitute -- LC 7-561 OS) is ratified.
A technical note should be mentioned. Page 16, line 482, should read "based upon involuntary", instead of "based upon voluntary".

/s/ W. M. Nixon State Auditor

Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 354 as amended by the following amendment:
Amend the House substitute to SB 354 as follows:
By inserting in line 3 on Page 13 between the designation "47-2-2" and the semicolon immediately following said designation the following:
"or separation or release from service of an official or the failure to reappoint an official by a board when such official serves at the pleasure of the board".

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Deal Dean English Engram

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 Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Coverdell

Dawkins Fincher Howard

Scott of 2nd Tate

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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 non-profit homes for the mentally handicapped.
Senator Peevy of the 48th moved that the Senate adhere to the Senate amendment to HB 1475 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1475.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Peevy of the 48th, Dawkins of the 45th and Kidd of the 25th.

MONDAY, FEBRUARY 27, 1984

2515

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:

Amendment No. 1: Amend SB 370 by striking from line 27 of Page 1 the following:
"defendant", and inserting in its place the following:
"plaintiff'.

Amendment No. 2:
Amend SB 370 by striking lines 20 through 28 of Page 2 and inserting in their place the following:
"(c) The venue established under this Code section against a thirdparty defendant is dependent upon the venue over the defending party who brought the third-party defendant into the action, and if venue is lost over said defending party, whether through dismissal or otherwise, venue shall likewise be lost as to the third-party defendant.'"

Amendment No. 3:
Amend SB 370 as follows:
By inserting in line 8 on Page 1 immediately preceding the words "to provide" the following:
"to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to provide that no court of record in this state shall be required to refund any overpayment of court costs in an amount not exceeding $5.00 or to

2516

JOURNAL OF THE SENATE

collect any due court costs in an amount of less than $5.00 over the ini tial filing fee;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows:
"Section 2. Chapter 5 of Title 15 of the Official Code of Georgia An notated, relating to the administration of courts of record, is amended by adding a new article immediately following Article 3, to be designated Arti cle 4, to read as follows:
'ARTICLE 4
15-5-50. No court of record in this state shall be required to refund any overpayment of court costs in an amount not exceeding $5.00 or to collect any due court costs in an amount of less than $5.00 over the ini tial filing fee.'"

Senator Deal of the 49th moved that the Senate agree to the House amendments to SB 370.

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 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 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman Coverdell

Fincher Howard

Kennedy (presiding)

MONDAY, FEBRUARY 27, 1984

2517

On the motion, the yeas were 51; nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 370.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1369. By Representative Auten of the 156th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to authorize local boards of education to obtain accident insurance policies to insure school children against bodily injury or death.
Senate Sponsor: Senator Phillips of the 9th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Brannon Brantley Burton Engram

Fincher Harrison Mine Land

Phillips Reddish Stumbaugh

Those voting in the negative were Senators:

Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th CBorybabnt
Coggin
Coleman
Dawkins
Deal
Dean

English Foster Garner Gillis Greene Harris Hill HHoolrltoown ay
Hudgins
Huggins
Kidd
Lester
McGill

McKenzie Peevy Perry Scott of 36th Scott of 43rd tarr *TM" _T,hompson
Timmons
Trulock
Turner
Tysinger
Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell Howard

Kennedy (presiding)

Scott of 2nd

On the passage of the bill, the yeas were 11, nays 41.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 473 was as follows:

A BILL
To be entitled an Act to amend Code Section 31-7-11 of the Official Code of Georgia Annotated, relating to personal care homes, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1323), and redesignated as Code Section 31-7-12 by HB 1155 at the 1984 regular session, so as to change a definition; to provide for registration of personal care homes; to provide for redesignations; to provide for ombudsman investigations; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-7-11 of the Official Code of Georgia An notated, relating to personal care homes, as enacted by an Act approved March 29, 1983 (Ga. L. 1983, p. 1323), and redesignated as Code Section 31-7-12 by HB 1155 at the 1984 regular session, is amended by striking that Code section in its entirety, which reads as follows:
"31-7-12. (a) As used in this Code section, the term 'personal care home' means a facility as defined in rules of the Department of Human Resources, Chapter 290-5-35, as such rules exist on the effective date of this Code section.
(b) The department may designate county boards of health to act as agents to assist the department in inspecting personal care homes li censed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department.",

MONDAY, FEBRUARY 27, 1984

2519

and inserting in its place a new Code section to read as follows:
"31-7-12. (a) As used in this Code section, the term 'personal care home' means a facility as defined in the rules of the Department of Human Resources, Chapter 290-5-35.
(b) All personal care homes shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may re quire persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes.
(c) The department may designate county boards of health to act as agents to assist the department in inspecting personal care homes li censed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department.
(d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties."
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 agree to the House substitute to SB 473.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd

Land Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate

2520
Thompson Timmons

JOURNAL OF THE SENATE

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Allgood Brannon
Cobb Coleman

Coverdell Fincher
Greene Hill

Howard Kennedy (presiding) Reddish

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 473.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

HR 708. By Representatives Childers of the 15th, Chambless of the 133rd, Phillips of the 125th and others:
A resolution creating the Joint Hospital Care for the Indigent Study Committee.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment:
Amend HR 708 by striking from line 23 of Page 1 the following: "six",
and inserting in lieu thereof the following: "eight".
By striking from line 24 of Page 1 the following: "three",
and inserting in lieu thereof the following: "four".
By striking from line 2 of Page 2 the following: "three",
and inserting in lieu thereof the following:

MONDAY, FEBRUARY 27, 1984

2521

"four".

By striking from line 16 of Page 2 the following: "five",

and inserting in lieu thereof the following: "eight".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment: Amend HR 708 by striking from line 14, Page 1 after the word "sold"
the following: "to private concerns"
and by placing a semi-colon after the word "sold".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
Senator Trulock of the 10th offered the following amendment: Amend HR 708 by striking from line 2 of Page 2 the following: "who shall also appoint the chairman"
and By striking from lines 3 and 4 of Page 2 the following: "who shall also appoint the vice chairman".
On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.
Senator Greene of the 26th offered the following substitute to HR 708:
A RESOLUTION Creating the Joint Hospital Care for the Indigent Study Committee; and for other purposes. WHEREAS, this state continues to have one of the highest infant mor-

2522

JOURNAL OF THE SENATE

tality rates and one of the largest per capita indigent populations in the nation; and
WHEREAS, health care and treatment for the indigent of this state continues to be a substantial economic burden on the state and those com munities in which that care and treatment are rendered; and
WHEREAS, the General Assembly needs to address this problem statutorily so as to give legislative guidance to the Health Planning Agency in its attempt to ensure continuing indigent health care.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY that there is created the Joint Hospital Care for the Indigent Study Committee to be composed of six members of the General Assembly, three of whom shall be appointed from the House of Representatives by the Speaker of the House of Representatives and three of whom shall be ap pointed from the Senate by the President of the Senate. The committee shall elect from its members a chairperson and vice chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate any such problems. 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 it duties, and accomplish the objectives and purposes of this resolution. The members of the commit tee shall receive the allowances authorized for legislative members of in terim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than January 1, 1985, at which time the committee shall stand abolished.

On the adoption of the substitute the yeas were 1, nays 31, and the substitute was lost.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond

Bowen Brantley

Broun of 46th Brown of 47th

Bryant Burton Cobb Coggin Dawkins Deal Dean English Engram Fincher Foster Garner

MONDAY, FEBRUARY 27, 1984

2523

Gillis Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill Peevy

Perry Phillips Reddish Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Coleman Coverdell

Greene Harris Hill Howard Kennedy (presiding)

McKenzie Scott of 2nd
Starr Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following resolution of the Senate was taken up for the purpose of considering the House action thereon:

SR 265. By Senator Perry of the 7th:
A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".

Senator Perry of the 7th moved that the Senate adhere to its disagreement to House amendment to SR 265 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SR 265.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Perry of the 7th, Trulock of the 10th and Bryant of the 3rd.

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JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read a third time and put upon its passage:

HB 905. By Representative Richardson of the 52nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to revise the definition of "to practice applied psychology".
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment:
Amend HB 905 by adding after the semicolon on line 4 of Page 1 the following:
"to authorize the review of certain examinations;".
By adding after the period on line 3 of Page 2 the following:
"Any unsuccessful candidate may, within 14 days of notice of fail ure and upon written request to the board, appeal to the board for review of the examination paper."

On the adoption of the amendment, the yeas were 33, 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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hill Holloway Horton Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2525

Those not voting were Senators:

Barker Cobb Coleman Coverdell

Greene Hine Howard Kennedy (presiding)

Starr Thompson Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 899.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 899.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 900 and that a Conference Committee be appointed.

On the motion, the yeas were 28, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 900.

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JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Allgood of the 22nd and Coleman of the 1st.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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 Barncs Brantlcy Broun of 46th Bryanl Burton Cobb Coggin Coleman Dawkins Dean English Engram Foster

Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kidd Land Lester McGill

McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Brown of 47th

Coverdell Deal Fincher Howard

Kennedy (presiding) Perry Starr

MONDAY, FEBRUARY 27, 1984

2527

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Stumbaugh of the 55th moved that the Senate recede from the Senate amendment to HB 1220.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins 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 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Bowen Coverdell

Deal Garner Howard Kennedy (presiding)

Scott of 2nd Scott of 36th Starr

2528

JOURNAL OF THE SENATE

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1220.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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 12, 1984

SUBJECT: House Bill 975 Substitute (LC 3 1873S) Peace Officers' Annuity and Benefit Fund

This Bill would change the composition of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The Governor, the Attor ney General, and the Insurance Commissioner would be allowed to appoint a designee. The three remaining members would be persons appointed by the Governor rather than persons holding specific positions which are desig nated by current law. They would be members of the Fund and would be active or retired peace officers of a state agency, a county, and a municipal ity, respectively. The Bill also provides for dates the new members would take office and for the appointment of successors. The executive committee of the Peace Officers' Association of Georgia would be authorized to submit a list of names for the Governor's consideration in making appointments to the Board of Commissioners.

MONDAY, FEBRUARY 27, 1984

2529

This is to certify that this is a non-fiscal 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 Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Turner Walker

Voting in the negative was Senator Trulock.

Those not voting were Senators:

Barker Bowen Coverdell Deal

Garner Howard Hudgins Kennedy (presiding)

Scott of 36th Starr Tysinger

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Trulock of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 975.

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Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 5:00 o'clock P.M. today.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate amend ment to HB 890.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 890.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 1011:

A BILL
To be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to change the circumstances under which administrators and executors shall be required to give bond; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 27, 1984

2531

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by striking Code Section 53-7-30, which reads as follows:
"53-7-30. (a) Every administrator, except an administrator with the will annexed, shall upon his qualification give bond, with good and suffi cient security, to be judged by the judge of the probate court, in a sum equal to double the amount of the estate to be administered. The bond shall be payable to the judge for the benefit of all concerned, shall be attested by him or his clerk, and shall be conditioned for the faithful discharge of the administrator's duty as such, as required by law. A sub stantial compliance with these requisites for the bond shall be deemed sufficient; and no administrator's bond shall be declared invalid by reason of any variation therefrom as to payee, amount, or condition, where the manifest intention was to give bond as administrator and a breach of his duty as such has been proved.
(b) The rules of law governing the bond of an executor shall be ap plicable in the case of an administrator with the will annexed.",
and inserting in its place a new Code section to read as follows:
"53-7-30. (a) In any case in which an administrator or executor is required to give bond, the bond shall be payable to the judge for the benefit of all concerned, shall be attested by him or his clerk, and shall be conditioned for the faithful discharge of the duties of the administra tor or executor as such. A substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation therefrom as to payee, amount, or con dition, where the manifest intention was to give bond as administrator or executor and a breach of duty as such has been proved.
(b) In any case in which an administrator or executor is required to give bond, the amount of the bond shall be equal to double the amount of the estate except where a reduction in the amount of the bond is author ized by Code Section 53-7-34, 53-7-35, or 53-7-36 or by some other pro vision of law."
Section 2. Said title is further amended by striking Code Section 537-32, which reads as follows:
"53-7-32. An executor shall not be required to give bond upon his qualification. However, the judge of the probate court, on his own motion or upon the representation of any person in interest that an executor is mismanaging the estate or is about to remove it from the state, may re quire an executor to show cause why he should not give bond and secur ity for the faithful execution of his trust. On the failure of the executor to give bond when and as required, the judge may revoke his letters and appoint another representative for the estate. The executor who has given bond shall be liable to all the rules and regulations prescribed in refer ence to the bonds and sureties of administrators.",

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and inserting in its place a new Code section to read as follows:
"53-7-32. (a) (1) Except as otherwise provided in this title, no bond shall be required of any administrator, administrator with the will annexed, administrator de bonis non, or executor.
(2) The rules of law governing the bond of an executor shall be applica ble in the case of an administrator with the will annexed or an administrator de bonis non.
(b) Except as otherwise provided in this title, an executor shall not be required to give bond upon his qualification. However, the judge of the pro bate court, on his own motion or upon the representation of any person in interest that an executor is mismanaging the estate or is about to remove it from the state, may require an executor to show cause why he should not give bond and security for the faithful execution of his trust. On the failure of the executor to give bond when and as required, the judge may revoke his letters and appoint another representative for the estate. The executor who has given bond shall be liable to all the rules and regulations prescribed in reference to the bonds and sureties of administrators.
(c) Bond shall be required of a temporary administrator as provided in Code Section 53-6-36, except that bond shall not be required if the tempo rary administrator is the surviving spouse of the decedent and the only heirs at law of the decedent are such surviving spouse and the minor children, if any, of such surviving spouse and the decedent.
(d) Bond shall be required of a county administrator as provided in Code Sections 53-6-93 and 53-6-99.
(e) Bond may be required where waste or mismanagement is known or alleged as provided in Code Section 53-7-148.
(f) Bond shall be required of an executor, administrator with the will annexed, or administrator de bonis non where the will expressly requires a bond.
(g) Bond shall be required of an administrator who is a creditor of the estate.
(h) Bond shall be required of a nonresident executor as provided in Code Section 53-6-22.
(i) Bond shall be required of a nonresident administrator as provided in Code Section 53-6-23.
(j) Bond shall be required of a foreign administrator or executor as provided in Code Section 53-6-124."
Section 3. Said title is further amended by striking Code Section 537-37, which reads as follows:
"53-7-37. (a) Where any person is appointed administrator of any estate without being required to give bond and security, any person inter ested in the estate as creditor, distributee, or legatee may require the person appointed to give bond and security as administrator and in de fault thereof to be removed; provided, however, that the person moving to

MONDAY, FEBRUARY 27, 1984

2533

have bond and security given or the administrator removed shall present the name of some fit and proper person who is willing to take the admin istration and who will give bond and security as administrator.
(b) The movant shall petition the judge of the probate court to re quire the administrator to give bond and security and in default thereof to remove him. The petition shall include the name of the person who is willing to take the administration and to give bond and security. The administrator shall be served personally with a copy of the petition and, at the expiration of ten days from the service of the petition, the judge shall hear the same. If the judge is satisfied that the person offered as administrator is a fit and proper person to be appointed, he shall require the administrator to give bond and security within a given time or in default thereof to be removed from the administration of the estate.
(c) The order requiring the administrator to give bond and security shall afford him not less than five nor more than 15 days within which to give such bond and security. If, at the expiration of the time given, the bond and security is not given, the judge of the probate court shall vest the administration in the person offered for that purpose.",
and inserting in its place the following:
"53-7-37. Where any person is appointed administrator of any estate without being required to give bond and security, any heir or other per son having an interest in excess of $1,000.00 in the estate or any creditor having a claim in excess of $1,000.00 against the estate may make a written demand that the administrator give bond or be removed. The de mand must be filed with the probate court; and, if letters have issued, a copy of the demand must be served upon the administrator personally or by registered or certified mail. The person moving to have bond and se curity given or the administrator removed shall present the name of some fit and proper person who is willing to take the administration and who will give bond and security as administrator. Thereupon bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate. After the administrator has received notice and until the filing of the bond or cessation of the requirement of bond, the administrator shall refrain from exercising any power of his office except as necessary to preserve the estate. If, at the expiration of ten days, the bond and security are not given, the judge of the probate court shall vest the administration in the person offered for that purpose upon the posting of bond as required."
Section 4. Said title is further amended by striking Code Section 53-7-122, which reads as follows:
"53-7-122. An executor who has not been required to give bond shall not be required to give bond on removal of his trust to another county.",
and inserting in its place a new Code section to read as follows:
"53-7-122. An administrator or executor who has not been required to give bond shall not be required to give bond on removal of his trust to another county."

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Section 5. Said title is further amended by striking Code section 53-7-148, relating to proceedings where an administrator or executor mis manages or is unfit for his trust, and inserting in its place a new Code sec tion to read as follows:
"53-7-148. Whenever the judge of the probate court, either before or after appointment of an administrator or executor, knows or is in formed by any person having any interest in the estate that the adminis trator or executor wastes or in any manner mismanages the estate, that he or his sureties are likely to become insolvent, that he refuses or fails to make returns as required by law, or that for any reason he is unfit for the trust reposed in him, the judge shall cite the administrator or executor to answer to the charge at some regular term of the court. Upon the hear ing of his return, the judge may, in his discretion, refuse to grant the letters, revoke the letters of administration, may require additional secur ity, or may pass such other order as in his judgment is expedient under the circumstances of the case."
Section 6. This Act shall become effective July 1, 1984, and shall ap ply to proceedings commenced on or after said effective date.
Section 7. 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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Dawkins Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Land

Lester McGill Peevy Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2535

Those not voting were Senators:

Barker Brannon Cobb Coverdell Deal

Howard Muggins Kennedy (presiding) Kidd McKenzie

Perry Scott of 36th
Starr Trulock

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1114. By Represenative 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.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which favorable to the passage of the bill, was agreed
to.

On 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 B/y* nt Burton CCoogbgbin
Coleman
Dawkins
Dean
English
Engram

Fincher Foster Garner Gillis Greene Harris " a.TM son Hill HHoinlleoway
Horton
Hudgins
Huggins
Kidd
Lester

McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd T T'fhoempson
Timmons
Trulock
Turner
Tysinger
Walker

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Those not voting were Senators:

Barker Bowen Brannon Coverdell

Deal Howard Kennedy (presiding) Land

Reddish Scott of 36th Starr Stumbaugh

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsors: Senators Howard of the 42nd and 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 Barnes
Bond
Bowen Brantley Broun of 46th Brown of 47th CBorygagnint Dawkins )ean
English Engram
Fincher Foster

Garner Gillis
Greene
Harris Harrison Hm m ,,Hol,,loway Horton Hudgins
Huggins Kidd
Lester McGill

McKenzie Peevy
Perry
Phillips Scott of 2nd Scott of 43rd Stumbaugh TTat*e Thompson Timmons
Trulock Turner
Tysinger Walker

Voting in the negative was Senator Burton.

MONDAY, FEBRUARY 27, 1984

2537

Those not voting were Senators:

Barker Brannon Cobb Coleman

Coverdell Deal Howard Kennedy (presiding)

Land Reddish Scott of 36th Starr

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1506. By Represenative 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.

Senator Garner of the 30th moved that the Senate insist upon the Senate amend ment to HB 1506.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1506.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 602 was as follows:
The Committee of Conference on HB 602 recommends that both the Senate and the House of Representatives recede from their positions and

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that the attached Committee of Conference Substitute to HB 602 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Floyd Hudgins Senator, 15th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Julian Bond Senator, 39th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Eleanor L. Richardson Representative, 52nd District
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Denmark Groover Representative, 99th District

Conference Committee substitute to HB 602:

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 for a new Article 2 relating to termination of parental rights and to make certain editorial changes connected therewith; to provide for court or ders and the effects thereof; to provide conditions under which parental rights may be terminated; to provide for petitions and summons regarding termination of parental rights and the procedures connected therewith; to provide for rights of fathers of children born out of wedlock; to provide for sanctions for failure to be served or failure to obey summons; to provide for appointment of counsel and guardians ad litem and the expenses thereof; to provide for standard of proof; to provide for physical or mental evaluations; to provide for confidentiality; to provide for hearings; to provide for custody of certain children; to provide for certain conflicts; to provide for venue; 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 designating that part of the existing Chapter 11, beginning with Code Section 15-11-1, as Article 1, and by striking "chapter," wherever it appears in that newly des ignated article, except where it appears in Code Section 15-11-1 and in the introductory phrase to Code Section 15-11-2, and inserting in its place "article."
Section 2. Said chapter is further amended by striking from the newly designated Article 1 thereof subsection (a) of Code Section 15-11-41, relat ing to duration of orders of the juvenile court, which reads as follows:
"(a) An order terminating parental rights is without limit as to duration.",

MONDAY, FEBRUARY 27, 1984

2539

and inserting in its place a new subsection (a) to read as follows:
"(a) Reserved."
Section 3. Said chapter is further amended by striking from newly designated Article 1 thereof Code Sections 15-11-51 through 15-11-54, which read as follows:
"15-11-51. (a) The court by order may terminate the parental rights of a parent with respect to his child if:
(1) The parent has abandoned the child;
(2) The child is a deprived child and the court finds that the condi tions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will proba bly suffer serious physical, mental, moral, or emotional harm;
(3) The written consent of the parent acknowledged before the court has been given; provided, however, that acknowledgement before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, 19-8-6, and 19-8-7; or
(4) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custo dian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.
(b) If the court does not make an order of termination of parental rights it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-52. (a) The petition shall comply with Code Section 15-11-25 and shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in the first sentence of Code Section 15-11-53.
(b) If the paternity of a child born out of wedlock has been estab lished in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as pro vided by this chapter. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. In either event nothing in this Code section shall be construed to preclude the father's petitioning for custody of the child. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. If the identity and location of a putative father are known or can be ascertained by reasona ble efforts, he shall be notified of the proceeding to terminate parental

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rights by registered or certified mail, return receipt requested, at his last known address.
15-11-53. An order terminating the parental rights of a parent ter minates all his rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another nor has he any right to object to the adoption or otherwise to participate in the proceedings.
15-11-54. (a) If, upon the entering of an order terminating the pa rental rights of a parent, there is no parent having parental rights, the court shall commit the child to the custody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If the child is not adopted within two years after the date of the order and a general guardian of the child has not been appointed, the child shall be returned to the court for entry of further orders for his care, custody, and control.",
and inserting in their place new Code Sections 15-11-51 through 15-11-54 to read as follows:
"15-11-51. Reserved.
15-11-52. Reserved.
15-11-53. Reserved.
15-11-54. Reserved."
Section 4. Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
15-11-80. An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relation ship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
15-11-81. (a) The court by order may terminate the parental rights of a parent with respect to the parent's child if:

MONDAY, FEBRUARY 27, 1984

2541

(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surren der the child for adoption as provided by Code Sections 19-8-3, 19-8-4, and 19-8-7;
(2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custo dian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
(3) The parent has abandoned the child or the child was left under circumstances such that the identity of the parent is unknown and cannot be ascertained, despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or
(4) The parent is manifestly unfit because the conduct or condition of the parent is such as to render the parent unable or unwilling to care properly for the child; such conduct or condition is unlikely to change or is likely to recur in the forseeable future; and, by reason thereof, the child has suffered, is suffering, or is likely to suffer serious physical, mental, moral, or emotional harm.
(A) In determining unfitness of a parent under this paragraph, the court shall consider, without being limited to, the following:
(i) Emotional illness, mental illness, mental retardation, or mental deficiency of the parent, of such duration or nature as to render the par ent unlikely to care for the ongoing physical, mental, or emotional needs of the child;
(ii) Egregious conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature;
(iii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors, narcotic or dangerous drugs, marijuana, or con trolled substances;
(iv) Physical, mental, or emotional neglect of the child;
(v) Conviction of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relation ship; and
(vi) Unexplained injury or death of a sibling under circumstances where the parent should have known the cause of the injury or death.
(B) In addition to the considerations in subparagraph (A) of this paragraph, where a child is not in the physical custody of the parent, in determining unfitness of a parent under this paragraph, the court shall consider, without being limited to, the following, where the parent with out justifiable cause fails to:

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(i) Provide care or to pay a reasonable portion of substitute physical care and maintenance where custody is lodged with others;
(ii) Maintain regular visitation or other contact with the child as designed in a court approved plan to reunite the child with the parent;
(iii) Maintain consistent contact, communication, or both with the child; and
(iv) Adjust his circumstances, conduct, or conditions to meet the needs of the child.
(b) In considering termination of parental rights under subsection (a) of this Code section, the court shall give primary consideration to the physical, mental, and emotional condition and needs of the child and de termine whether termination is in the best interest of the child.
(c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-82. (a) The petition to terminate parental rights and all sub sequent court documents in the proceeding shall be entitled 'In the mat ter of _________, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing.
(b) The petition may be made by a juvenile court counselor or of ficer of that court, or employee of any public or private licensed childcaring agency, or by any interested person. In the event that the petition is made by an interested person, the petition shall be endorsed by the court pursuant to Code Section 15-11-23.
(c) A petition made by a juvenile court counselor or officer of that court, or employee of a public or private licensed child-caring agency may be on information and belief of the petitioner. In all other cases the petition shall be made on the personal knowledge of the petitioner and shall be verified.
(d) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 15-11-80, and shall set forth in ordinary and concise lan guage the facts required by Code Section 15-11-25.
15-11-83. (a) Upon filing of the petition, summons shall be issued forthwith on the child's parents, guardian, lawful custodian, and person presently having physical custody of the child.
(b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and person presently having physical custody of the

MONDAY, FEBRUARY 27, 1984

2543

child. All summons shall contain a statement to the effect that the hear ing is for the purpose of terminating parental rights.
(c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's dis cretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice.
(d) If the paternity of a child born out of wedlock has been estab lished in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as pro vided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceed ings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate the child, and that he did not provide support for the mother, including med ical care, either during her pregnancy or during her hospitalization for the birth of the child. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed childplacing agency to expend such additional effort, as the court shall spec ify, in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results re ported. If the court finds from the evidence that the putative father either lived with the child, or contributed to its support, or attempted to legiti mate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court finds that the con duct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. The court shall not in clude the name of the mother in any public notice to the putative father if his name is known to the court. If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father. At the time of the

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hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child.
15-11-84. (a) If any person named in and properly served with sum mons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing that that person appear before the court to show cause why such person should not be held in contempt of court.
(b) If the summons cannot be served, or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
15-11-85. (a) In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as his counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his counsel.
(b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-56.
15-11-86. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convinc ing evidence.
15-11-87. The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article.
15-11-88. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, crimi nal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or depri vation or termination proceedings involving the same respondent under this article.
15-11-89. The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-29.
15-11-90. (a) If, upon the entering of an order terminating the pa rental rights of a parent, there if no parent having parental rights, the court shall make any of the following dispositions: commit the child to the custody of the Department of Human Resources or a licensed childplacing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the

MONDAY, FEBRUARY 27, 1984

2545

child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement.
15-11-91. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article.
15-11-92. In a proceeding to terminate parental rights unless the court has jurisdiction of the child pursuant to Code Section 15-11-5 the venue of such proceeding shall be brought in the county of this state of the residence of the parent whose rights are sought to be terminated."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgins of the 15th moved that the Senate adopt the Conference Com mittee report on HB 602.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Bowen Brannon
Brantley Broun of 46th Brown of 47th
Cobb Coggin Coleman Deal Dean Engram Fincher

Foster Gillis Greene Harris
Harrison Hm Hine
Holloway Horton Hudgins Huggins Kidd Lester McGill

Peevy Perry Phillips Reddish
Scott of 2nd Scott of 43rd Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Burton

Coverdell Dawkins English

Garner Howard Kennedy (presiding)

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JOURNAL OF THE SENATE

Land McKenzie

Scott of 36th

Starr

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 602.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 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 House has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate on the following bill of the Senate:

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 Worker's 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 Speaker has appointed on the part of the House:
Representatives Maddox of the 7th, Bostick of the 138th and Mullinax of the 81st.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

MONDAY, FEBRUARY 27, 1984

2547

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

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 following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following substitute to HB 1271:

A BILL
To be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, 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; to clarify that, in appropriate cases, a singular defendant or multiple defendants may be served by second original outside the county where the action is filed; to change provisions relating to right of voluntary dismissal; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (a) of Code Section 9-2-61, relating to renewal of civil cases after dismissal, and inserting in its place a new subsection (a) to read as follows:
"(a) If a plaintiff discontinues or dismisses his case and recom mences the same within six months, the renewed case shall stand upon the same footing, as to limitation, with the original case. However, this privilege of dismissal and renewal shall be exercised only once under this Code section. This Code section shall apply both where the original case

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was filed in a court of this state and where the original case was filed in a federal court."
Section 2. Said title is further amended by striking in its entirety Code Section 9-10-72, relating to issuance of second originals where defen dants reside outside of the county in which an action is filed, and inserting in its place a new Code Section 9-10-72 to read as follows:
"9-10-72. If the defendant or any of the defendants reside outside the county where the action is filed, the clerk shall issue a second original and copy for such other county or counties and forward the same to the sheriff, who shall serve the copy and return the second original, with his entry thereon, to the clerk of the court from which the same issued."
Section 3. Said title is further amended by striking subsection (a) of Code Section 9-11-41, relating to dismissal of actions, and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order of court, by filing a written no tice of dismissal at any time before the close of all of the evidence. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this subsection is without prejudice, except that the filing of a second notice of dismissal operates as an adjudication upon the merits."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coggin Coleman

Dawkins Deal Dean English Engram Fincher

MONDAY, FEBRUARY 27, 1984

2549

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton

Huggins Kidd Land Lester McGill Peevy Perry Phillips Reddish Scott of 2nd

Scott of 43rd Starr Stumbaugh
T1 aaltCp
Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Coverdell

Howard Hudgins Kennedy (presiding)

McKenzie 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 by substitute.

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.
Senate Sponsor: Senator Dawkins of the 45th.

Senators Greene of the 26th and Engram of the 34th offered the following amendment:
Amend HB 1053 by striking from line 18 of Page 1 the following: "persons",
and inserting in its place the following: "male and the female".
By striking from line 23 of Page 1 the following: "of the persons",
and inserting in its place the following: "the male nor the female".

2550

JOURNAL OF THE SENATE

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:

Allgood Barker Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Dawkins Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kidd Land

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Tysinger Walker

Those not voting were Senators:

Barnes Bond Bowen Coleman Coverdell

Deal Howard Hudgins Kennedy (presiding) Peevy

Scott of 36th Starr Tate Turner

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 1294. By Representatives Sizemore of the 136th, Reaves of the 147th, Phillips of the 120th and others:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Anno tated, relating to licensing sanctions under the "Georgia Pesticide Use and Application Act of 1976," so as to provide that conviction of a crime involv-

MONDAY, FEBRUARY 27, 1984

2551

ing controlled substances shall be grounds for denial, revocation, or suspen sion of a license.
Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Dawkins Deal Dean English Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Trulock Tysinger Walker

Those not voting were Senators:

Barnes Bond Bowen Brannon Coverdell

Engram Howard Peevy Scott of 36th

Starr Tate Timmons Turner

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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".
Senate Sponsor: Senator Kidd of the 25th.

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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 Barker Bowen 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 Kennedy Kidd Land

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon

Bryant Coleman Peevy

Scott of 36th Starr Tate

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 652. By Representatives Ray of the 98th, Moore of the 139th, Brown of the 154th and others:
A resolution urging Congress to amend the Federal Unemployment Tax Act.
Senate Sponsor: Senator Walker of the 19th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

MONDAY, FEBRUARY 27, 1984

2553

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 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 Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon Garner

Holloway Peevy Scott of 36th

Starr
Tate Thompson

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Turner of the 8th.

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JOURNAL OF THE SENATE

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:

February 2, 1984

SUBJECT: House Bill 978 (LC 7 5454) Superior Court Clerks' Retirement Fund

This Bill would change the composition of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia. The Governor and the Attorney General would be members rather than ex-officio members
and could name a designee. The five superior court clerks would be ap pointed by the Governor rather than elected by the Clerks' Group of the County Officers' Association of Georgia. The chairman of the board would
have to actively hold office as superior court clerk. 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:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Coverdell Dawkins Dean

Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy

MONDAY, FEBRUARY 27, 1984

2555

Kidd Land Lester McGill McKenzie Peevy Phillips Reddish

Scott of 2nd Scott of 43rd Starr Stumbaugh Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Coggin Deal

English Perry Scott of 36th

Tate Thompson Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1209. By Representatives Sherrod of the 143rd, Long of the 142nd, Royal of the 144th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three-wheeled motorcycles used only for agricultural purposes.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Transportation offered the following amendment:
Amend HB 1209 by adding in the title on line 5 of page 1, immediately preceding the words "to amend", the following:
"to amend Code Section 40-5-23 of the Official Code of Georgia Annotated, relating to classes of drivers' licenses, so as to provide that operators of three-wheeled motorcycles used only for agricultural pur poses shall be required to have a Class 2 driver's license;".
By adding on page 2, between lines 23 and 24, a new Section 1A to read as follows:
"Section 1 A. Code Section 40-5-23 of the Official Code of Georgia Annotated, relating to classes of drivers' licenses, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsec tion (c) to read as follows:

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'(c) The classes of motor vehicles for which operators may be li censed shall be as follows:
Class 1 -- All vehicles and combinations not included within Classes 2, 3, 4, and 5;
Class 2 -- Motorcycles, motor-driven cycles, and three-wheeled motorcycles used only for agricultural purposes;
Class 3 -- Vehicles 80 inches or wider, designed to carry more than ten passengers, and all vehicles included within Class 1;
Class 4 -- Trucks licensed and registered for a gross weight of 24,000 pounds or more, and all vehicles included within Classes 1 and 3;
Class 5 -- Truck-tractor-semitrailer combinations and any vehicletrailer combination in which the trailer exceeds 29 feet in length, or ex ceeds 4,500 pounds gross weight, or exceeds eight feet in width, and all vehicles included within Classes 1, 3, and 4.
Any applicant for a Class 3, 4, or 5 license must possess a valid Georgia driver's license for Class 1 vehicles.'"

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th CBBD orroybwabnnt of 47th
Coggin
Coleman
Coverdell
Dawkins
Deal
Dean English

Engram Fincher Foster Garner Gillis Greene H,HHiiaalrrlrnisson
Hine
Holloway
Horton
Howard
Hudgins
Huggins Kennedy

Kidd Land Lester McGill McKenzie Phillips 0SR,,ceodJt,,dJti-soLhrf 4,3, rd,
^tarr
Stumbaugh
Thompson
Trulock
Turner
Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2557

Those not voting were Senators:

Bond Brannon Burton

Peevy Perry Scott of 2nd

Scott of 36th Tate 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.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SR 282 was as follows:

A RESOLUTION
Requesting the Governor's Judicial Process Review Commission to con sider the establishment of a system for the reporting of judges' caseloads for the superior courts of this state and the establishment of a system of random assignment of similar numbers of cases to judges for the multijudge superior court judicial circuits of this state; to provide for all related matters; and for other purposes.
WHEREAS, it is the sense of the General Assembly that it may pro mote judicial economy and efficiency to require each judge of superior court of this state to report periodically to the appropriate authorities of the judi cial branch the number of cases assigned to, pending before, and disposed of by the judge and to authorize public dissemination of such reports; and
WHEREAS, it is the sense of the General Assembly that it may fur ther promote judicial economy and efficiency and would promote the integ rity of the judicial process to require the random assignment of similar num bers of cases to the superior court judges of those judicial circuits having more than one superior court judge; and
WHEREAS, the Constitution of Georgia directs the Supreme Court of Georgia, with the advice and consent of the council of superior courts, to

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JOURNAL OF THE SENATE

adopt uniform court rules and record-keeping rules for the administration of the superior courts; and
WHEREAS, HR 448 adopted by the 1984 General Assembly creates the Governor's Judicial Process Review Commission for the purpose of mak ing recommendations to the Governor and the General Assembly; and
WHEREAS, such reporting system will provide valuable information to such commission and the judicial branch of government of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Governor's Judicial Process Review Commission is requested to undertake an investigation of the advisability and feasibility of the adoption of court rules by the Supreme Court of Geor gia and record-keeping rules by the Supreme Court of Georgia which would establish a system for the reporting of judges' caseloads in the superior courts of this state and which would establish a system of random assign ment of similar numbers of cases to each judge in the multijudge superior court judicial circuits of this state.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Governor's Judicial Process Review Commission.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SR 282.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th rBB> uryrtaonnt,
Cobb
Coggin
Coleman
Coverdell
Dawkins Deal
Dean

English Engram Fincher Foster Garner Gillis Greene THHTaarrrriisson
Hine
Horton
Howard
Hudgins
Huggins Kidd
Land

Lester McGill McKenzie Peevy Perry Phillips
f<-,co.tt. ocf 2-nd, Scott of 43rd Stumbaugh Thompson Timmons Turner Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2559

Those not voting were Senators:

Bond Brannon Hill

Holloway Kennedy Scott of 36th

Starr Tate Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 282.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 457. By Senators Peevy of the 48th, Dawkins of the 45th, McKenzie of the 14th and other:
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.

Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 457.

Senator Peevy of the 48th moved that the House substitute to SB 457 be printed.

On the motion offered by Senator Peevy of the 48th to print the House substitute, the yeas were 37, nays 0; the motion prevailed, and the House substitute to SB 457 was ordered printed, and the action on the motion offered by Senator Peevy of the 48th to agree to the House substitute to SB 457 was postponed subject to the printing.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2560

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 Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins

Kidd Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 43rd Stumbaugh Timmons Trulock Tysinger Walker

Those not voting were Senators:

Bond Brannon Coleman Holloway

Kennedy Scott of 2nd Scott of 36th Starr

Tate Thompson Turner

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 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.
Senate Sponsor: Senator Gillis of the 20th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker

Barnes Bowen

Brantley Broun of 46th

MONDAY, FEBRUARY 27, 1984

2561

Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Garner

Gillis Greene Harris Harrison Hill Hine Howard Huggins Kidd Land McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Fincher Foster

Holloway Horton Hudgins Kennedy

Lester Scott of 36th Starr Tate

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1215. By Representatives Coleman of the 118th, Buck of the 95th, Ramsey of the 3rd and others:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and production and preservation of evidence, so as to provide witness fees for campus policemen.
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 Bowen Brantley

Broun of 46th Brown of 47th Burton Cobb Coggin

Coleman Coverdell Dawkins Deal Dean

2562

JOURNAL OF THE SENATE

English
Engram Fincher Fster Earner GHraererinse
Harrison
Hill
Hine
Howard

Hudgins
Huggins Kidd Land Lester ,M,cG,,.i,,ll
McKenzie
Peevy
Perry
Phillips

Reddish
Scott of 2nd Scott of 43rd Stumbaugh Thompson -TT-i- mmons
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Bond Brannon Bryant Gillis

Holloway Horton Kennedy

Scott of 36th Starr Tate

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 Senate was taken up for the purpose of considering the House substitute thereto:

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 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 House substitute to SB 457 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for a new class of drivers' li censes; to provide for the requirements for the new class of drivers' licenses; to provide for the fee; to provide for training programs and courses of in struction and to provide for certified instructors; to provide for certification of such training; to make it unlawful to operate a school bus at certain times unless the operator has a Class 6 drivers' license; to provide for penalties; to provide for exceptions; to provide for records; to provide for other matters

MONDAY, FEBRUARY 27, 1984

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relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking in its entirety Code Section 40-5-23, relat ing to classes of licenses, and inserting in lieu thereof a new Code Section 40-5-23 to read as follows:
"40-5-23. (a) The department upon issuing a driver's license shall indicate thereon the type of general class of vehicles that the licensee may drive.
(b) Subject to this chapter, the board shall establish by rules and regulations such qualifications, including but not limited to, training, ex perience, or educational prerequisites, as it believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualification according to the type or general class of license applied for.
(c) The classes of motor vehicles for which operators may be li censed shall be as follows:
Class 1 -- All vehicles and combinations not included within Classes 2, 3, 4, 5, and 6;
Class 2 -- Motorcycles and motor-driven cycles;
Class 3 -- Vehicles 80 inches or wider, designed to carry more than ten passengers, and all vehicles included within Class 1;
Class 4 -- Trucks licensed and registered for a gross weight of 24,000 pounds or more, and all vehicles included within Classes 1 and 3;
Class 5 -- Truck-tractor-semitrailer combinations and any vehicletrailer combination in which the trailer exceeds 29 feet in length, or ex ceeds 4,500 pounds gross weight, or exceeds eight feet in width, and all vehicles included within Classes 1, 3, and 4; and
Class 6 -- School buses.
Any applicant for a Class 3, 4, 5, or 6 license must possess a valid Geor gia driver's license for Class 1 vehicles. Any applicant for a Class 6 driver's license shall be at least 18 years of age, shall meet all require ments established by the department under subsection (b) of this Code section and Code Section 40-5-37, and shall have successfully taken any examination required under Code Section 40-5-27."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 40-5-25, relating to driver's license fees, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every application for an instruction permit or for a driver's li-

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cense shall be made upon a form furnished by the department. Every application shall be accompanied by the proper fee. The fees shall be:

(1) For all instruction permits ..............$
(2) For Class 1 and Class 2 driver's licenses .
(3) For Class 3, Class 4, Class 5, and Class 6 driver's licenses......................

1.50 4.50
8.50".

Section 3. Said article is further amended by adding at the end thereof a new Code Section 40-5-37 to read as follows:

"40-5-37. (a) Except as provided in subsection (d) of this Code sec tion, from and after September 1, 1985, it shall be unlawful for any per son to operate a school bus which is owned by or under contract to a county, area, or independent school system and which is transporting stu dents to or from a public school or a public school related activity unless such person has a valid Class 6 driver's license.

(b) The department, pursuant to subsection (b) of Code Section 405-23, shall establish initial and in-service requirements which shall be met by each applicant for an initial issuance or renewal of a Class 6
driver's license and shall develop a training program or course of instruc tion which each applicant for an initial issuance or renewal of a Class 6 driver's license shall successfully complete prior to such applications.

(c) (1) Except as provided in paragraph (2) of this subsection, the board of education of each county, area, or independent school system shall provide a training program or course of instruction as developed by the department under subsection (b) of this Code section. All instructors shall be certified by the department. The superintendent of schools of the school system providing the training program or course of instruction shall certify by affidavit sworn to before a notary public that an individ ual has successfully completed the training program or course of instruc tion. This affidavit shall accompany the application for an initial issuance or renewal of a Class 6 driver's license. Each county, area, or indepen dent school system shall maintain all training records for a period of five years, and such records shall be subject to inspection by the department.

(2) Any person, firm, or corporation who contracts with a county, area, or independent school system to transport students to or from a public school or public school related activities shall provide a training program or course of instruction as developed by the department under subsection (b) of this Code section. All instructors shall be certified by the department. The contractor shall be responsible for providing the training program or course of instruction and shall certify by affidavit sworn to before a notary public that an individual has successfully com pleted the training program or course of instruction. This affidavit shall accompany the application for an initial issuance or renewal of a Class 6 driver's license. Each contractor shall maintain all training records for a period of five years, and such records shall be subject to inspection by the department.

(d) The superintendent of schools of the school system or the con tractor providing the training program or course of instruction shall pro-

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2565

vide for temporary substitute school bus operators in the event that no Class 6 operators can be found. No substitute operator may drive for more than 14 days during a school year. The superintendent of schools or the contractor shall maintain records for substitute operators with the training records kept by the system under subsection (c) of this Code section.
(e) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
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 motion offered by Senator Peevy of the 48th that the House substitute be agreed to, said motion having been postponed previously in order that the substitute might be printed, Senator Peevy of the 48th asked unanimous consent to withdraw the motion; the consent was granted, and the motion was withdrawn.

Senator Peevy of the 48th moved that the Senate disagree to the House substitute to SB 457.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 457.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1568. By Representative Lane of the 27th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for operation of vehicles, so as to change the amount of license fees for the operation of motorcycles.
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

Bowen Brantley Broun of 46th

Brown of 47th Bryant Burton

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Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engrain Fincher Foster Gillis

JOURNAL OF THE SENATE

Greene Harrison Hill Hine Howard Hudgins Huggins Kidd Land Lester McGill McKenzie

Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Garner Harris

Holloway Horton Kennedy Peevy

Perry Scott of 36th Starr Tate

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 272 was as follows:

The Committee of Conference on HB 272 recommends that the House of Representatives recede from its position and that the Senate Substitute to

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2567

HB 272, which is attached as the Conference Committee Substitute to HB 272, be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Culver Kidd Senator, 25th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 118th District
/s/ Donald E. Cheeks Representative, 89th District
/s/ Rudolph Johnson Representative, 72nd District

Conference Committee 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:
"(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

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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 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

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2569

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 Timmons of the llth moved that the Senate adopt the Conference Com mittee report on HB 272.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Brantley Brown of 47th Bryant Cobb Coggin Coleman English Fincher

Foster Gillis Harris Harrison Holloway Huggins Kennedy Kidd Lester

McGill McKenzie Perry Reddish Scott of 2nd Tate Timmons Turner Walker

Those voting in the negative were Senators:

Barker Barnes Broun of 46th Burton Coverdell Dawkins Deal Dean

Engram Garner Greene Hill Hine Howard Hudgins Land

Peevy Phillips Scott of 43rd Starr
Stumbaugh
Thompson Trulock Tysinger

Those not voting were Senators:

Bond Brannon

Horton

Scott of 36th

On the motion, the yeas were 28, nays 24; the motion was lost, and the Senate rejected the Conference Committee report on HB 272.
Senator Timmons of the llth gave notice that, at the proper time, he would move that the Senate reconsider its action in rejecting the Conference Committee report on HB 272.
The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 5:30 o'clock P.M. today.

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Time having arrived for the entertainment of the reconsideration motion, Senator Trulock of the 10th moved that the Senate reconsider its action previously today in passing the following bill of the House:

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.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 975 was reconsidered and placed at the foot of the Senate Rules Calendar for today.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 986. By Representatives Chambless of the 133rd, Walker of the I15th, 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.
Senate Sponsor: Senator Hine of the 52nd.

Senator Hine of the 52nd offered the following amendment:

Amend HB 986 by striking from line 15 of Page 1 the following: ", if there is no state court,".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brantley

Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell

MONDAY, FEBRUARY 27, 1984

2571

Dawkins Deal
Dean 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 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon

English Engram Perry

Scott of 36th Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 427 was as follows:

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

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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 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 striking subsection (e) of Code Section 36-82-1, relating to the procedure for authorization of bonded debt, in its entirety and substituting in lieu thereof new subsections (e) and (f) to read as follows:
"(e) (1) 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 only exceed the principal amount of the bonds being refunded to the extent necessary to effectuate a refund and to allow the reduction of 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.

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2573

(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.
(f) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, nothing contained in this Code section shall be construed so that a violation thereof shall affect the validity of any bonds issued under this Code section."
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:
"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 division 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 Con stitution of Georgia is given to the proper officers of the county, munici pality, 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-

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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 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-

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2575

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 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

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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 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-

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2577

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.

Senator Lester of the 23rd moved that the Senate agree to the House substitute to SB 427.

On the motion, 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 Burton Cobb Coggin Coverdell Dawkins Dean English Engram

Fincher Foster Garner Gillis Greene Harris Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Land

Lester McGill McKenzie
Peevy Phillips Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger

Voting in the negative was Senator Deal.

Those not voting were Senators:

Barker Bond Brannon Coleman

Harrison Kidd Perry Scott of 36th

Starr Tate Walker

2578

JOURNAL OF THE SENATE

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 427.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 523 as follows:
By inserting a new phrase in line 10, Page 1, between the word and semicolon "dealers;" and the word "to" to read as follows:
"to provide that it shall be unlawful for fur dealers to dispose of the carcass of any fur-bearing animal except pursuant to a plan approved by the department;".
By inserting a new Section 5 at the end of Section 4 after line 4, Page 5, to read as follows:
"Section 5. Said article is further amended by adding at the end thereof a new code Section to be designated Code Section 27-3-73, to read as follows:
'27-3-73. It shall be unlawful for any fur dealer to dispose of any carcasses or parts of carcasses of any fur-bearing animals except pursu ant to a written plan of disposal submitted to and approved by the de partment in writing. Such a plan of disposal shall be designed to mini mize vermin infestation, odors and disease hazards. Any person who violates this Code Section shall be guilty of a misdemeanor and shall be subject to the administrative license revocation, suspension, denial and refusal provisions of Code Section 27-2-25.' "
By deleting the section enumeration "5" in line 5, Page 5, and inserting in lieu thereof a new section enumeration to read as follows:

Senator Cobb of the 28th moved that the Senate agree to the House amendment to SB 523.

MONDAY, FEBRUARY 27, 1984

2579

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Cobb
Coggin
Coleman
Coverdell
Dawkins
Deal

Dean English Engram Fincher Foster Garner Gillis GHrilelene
Hine
Holloway
Horton
Howard
Huggins
Kennedy

Land Lester McGill McKenzie Peevy Perrv Phillips Rn ed,d,?is,hf ,, .
Scott of 2nd
Stumbaugh
Thompson
Timmons
Turner
Tysinger

Voting in the negative was Senators Hudgins and Scott of 43rd. Those not voting were Senators:

Bond Brannon Harris Harrison

Kidd Scott of 36th Starr

Tate Trulock Walker

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 523.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Turner of the 8th.

2580

JOURNAL OF THE SENATE

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:

February 2, 1984

SUBJECT: House Bill 979 (LC 7 5455) Judges of the Probate Courts Retirement Fund

This Bill would change the composition of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. The Gov ernor and the Attorney General would be members rather than ex-officio members and would be allowed to name a designee. The other four members would be appointed by the Governor and would be judges of the probate courts who are members of the Fund. The Bill also provides for dates the new members would take office and for the appointment of successors. The Bill provides for election of a board chairman and establishes that four members constitute a quorum for the transaction of business.

This is to certify that this is a nonfiscal retirement bill to the 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 Bowen 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 "owa.rd HMuudgggminss Kennedy Kidd Land

MONDAY, FEBRUARY 27, 1984

2581

Lester McGill
McKenzie Peevy Perrv' phill 'Ps Reddish Scott of 2nd

Scott of 43rd Starr
Stumbaugh Thompson TT-immons Trulock Turner Tysinger

Those not voting were Senators:

Bond Brannon Coleman

Harrison Scott of 36th

Tate Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Cobb of the 28th moved that the following bill of the House, having been read the third time and tabled previously today, be taken from the Table:

HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Anno tated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1090 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

Time having arrived for the entertainment of the reconsideration motion, Senator Timmons of the 11 th moved that the Senate reconsider its action previously today in rejecting the Conference Committee report on the following bill of the House:

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.

2582

JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coleman Deal Dean English Engram Fincher

Foster Garner Gillis
Greene Harris
Harrison Hill
Hine Holloway Horton Hudgins
Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Starr Stumbaugh Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Burton

Dawkins Howard

Scott of 43rd Tysinger

Those not voting were Senators:

Bond Brannon

Coverdell

Tate

Scott of 36th

On the motion, the yeas were 45, nays 6; the motion prevailed, and the Conference Committee report on HB 272 was reconsidered.
The Conference Committee report on HB 272 was as follows:
The Committee of Conference on HB 272 recommends that the House of Representatives recede from its position and that the Senate Substitute to HB 272, which is attached as the Conference Committee Substitute to HB 272, be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 118th District
/s/ Donald E. Cheeks Representative, 89th District

MONDAY, FEBRUARY 27, 1984

2583

/s/ Loyce W. Turner Senator, 8th District

/s/ Rudolph Johnson Representative, 72nd District

Conference Committee 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:
"(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.

2584

JOURNAL OF THE SENATE

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 Timmons of the llth moved that the Senate adopt the Conference Com mittee report on HB 272.

MONDAY, FEBRUARY 27, 1984

2585

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Bowen Brown of 47th Bryant
Cobb Coggin Coleman Dean
English Fincher
Foster Gillis

Harris Harrison Hill Holloway Hudgins Huggins Kennedy Kidd Lester McGill McKenzie

Peevy Perry Reddish Scott of 2nd Scott of 36th Starr Tate Thompson Timmons Turner Walker

Those voting in the negative were Senators:

Barker Barnes Brantley Broun of 46th Coverdell Dawkins Deal

Engram Garner Greene Hine Horton Howard

Land Phillips Scott of 43rd Stumbaugh Trulock Tysinger

Those not voting were Senators:

Bond

Brannon

Burton

On the motion, the yeas were 34, nays 19; the motion prevailed, and the Senate adopted the Conference Committee report on HB 272.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Howard of the 42nd.

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JOURNAL OF THE SENATE

The Senate Committee on Appropriations offered the following substitute to HB 1264:

A BILL
To be entitled an Act to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of state officers and employees, so as to require documentation and accounting for certain ex penses; to change the time period for and the conditions under which certain expenses may be reimbursed; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 45 of the Official Code of Georgia An notated, relating to salaries and fees of state officers and employees, is amended by striking paragraph (22) of subsection (a) of Code Section 45-74, relating to annual salaries of certain state officials, and inserting in its place a new paragraph (22) to read as follows:
"(22) Each member of the General Assembly ....... 7,200.00
Each member of the General Assembly shall also receive the allowances provided by law, except that each member shall receive an expense al lowance in the sum of $59.00 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official busi ness as that received by other state officials and employees.
In addition to any other compensation and al lowances authorized for members of the Gen eral Assembly, each member shall be reim bursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the pur poses of the preceding sentence, a year shall be construed to begin on the first day of January and end on the last day of December in that calendar year, except that actual expenses for the period from the first day of January until the convening date of the General Assembly in regular session may not exceed an amount computed by multiplying the number of days in that period by the per diem differential. These expenses shall be limited to one or more of the following purposes: rents, legislative aides, dis trict office or offices, office supplies and materi als, office equipment, secretarial assistance, utilities, postage (which shall not be used for a political newsletter), communications, station ery, lodging, meals, travel, and per diem differ-

MONDAY, FEBRUARY 27, 1984

2587

ential. Per diem differential shall be the differ ence between the daily expense allowance authorized for members of the General Assem bly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a sup porting document showing payment for each expense claimed or an explanation of the ab sence of such documentation, except that no such supporting document shall be required for any such expense under $25.00, for the per diem, per diem differential, or for any mileage allowance for use of a personal car. The Legis lative Services Committee is authorized to pro vide for policies to ensure a detailed accounting for expenses claimed under this paragraph."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 45-7-29, relating to reimbursement for expenses of lodging and air fare, and inserting in its place a new subsection to read as follows:
"(a) No official or employee of the executive, legislative, or judicial branch of state government shall be reimbursed from public funds for expenses for lodging, meals, or air fare incurred in the performance of his duties unless a bill, receipt, or similar supporting document showing payment therefor or an explanation of the absence of such documentation shall be submitted when applying for reimbursement."
Section 3. This Act shall become effective on January 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Gillis of the 20th and English of the 21st offered the following amendment:

Amend HB 1264 by deleting Section 2 beginning on line 49 of Page 2 in its entirety.
By renumbering Sections 3 and 4 as Sections 2 and 3, respectively.

On the adoption of the amendment, the yeas were 33, nays 2, and the amendment was adopted.

Senators Allgood of the 22nd, Starr of the 44th and Howard of the 42nd offered the following amendment:

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JOURNAL OF THE SENATE

Amend the substitute to HB 1264 offered by the Senate Committee on Appropriations by striking Section 2 in its entirety.
By renumbering Sections 3 and 4 as Sections 2 and 3, respectively.

On the adoption of the amendment, the yeas were 36, nays 2, and the amendment was adopted.

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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Huggins Kennedy

Land Lester McGill McKenzie Peevy Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Turner Tysinger

Voting in the negative was Senator Scott of 2nd.

Those not voting were Senators:

Allgood Bond Brannon Bryant

Hudgins Kidd Perry

Timmons Trulock Walker

On the passage of the bill, the yeas were 45, nays 1.

MONDAY, FEBRUARY 27, 1984

2589

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 adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

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 Ratemaking Process Study Committee.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 899. By Representatives Murphy of the 18th and Burruss of the 20th:
A bill to amend Code Section 28-3-4 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.

The Speaker has appointed on the part of the House: Representatives Walker of the 115th, Argo of the 68th and Lee of the 72nd.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

2590

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House:
Representatives Buck of the 95th, Russell of the 64th and Lee of the 72nd.
The House adheres to its position in amending the following resolution of the Sen ate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:
SR 265. By Senator Perry of the 7th: A resolution designating the developmental highway, known as "Corridor Z," as the "Peach State Parkway".
The Speaker has appointed on the part of the House:
Representatives Dixon of the 151st, Hanner of the 131st and Patten of the 149th.
The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
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.
The Conference Committee report on HB 1292 was as follows:
The Committee of Conference on HB 1292 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1292 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Glenn E. Bryant Senator, 3rd District
/s/ Kyle T. Cobb Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ G. D. Adams Representative, 36th District
/s/ Johnny Isakson Representative, 21st District
/s/ E. Roy Lambert Representative, 66th District

MONDAY, FEBRUARY 27, 1984

2591

Conference Committee substitute to HB 1292:

A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Li censing Board, so as to provide for the licensing of low-voltage contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Low-voltage Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to powers and duties of the divisions of the board; to provide for license application, exami nation, issuance, and renewal; to provide for certain notifications; to change certain provisions relating to applicability and exceptions; to prohibit unli censed low-voltage contracting and provide penalties therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia An notated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 43-14-1, relating to legislative purpose, and inserting in its place a new Code section to read as follows:
"43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, lowvoltage wiring, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be lib erally construed so as to accomplish the purposes stated in this Code section."
Section 2. Said chapter is further amended by adding in Code Section 43-14-2, relating to definitions, immediately preceding paragraph (1) thereof a new paragraph to read as follows:
"(1) 'Alarm system' means any device or combination of devices used to detect a situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equipment failure, or on the occur rence of any other predetermined event.",
by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows:
"(6) 'Electrical contracting' means the installation, maintenance, al teration, or repair of any electrical equipment, apparatus, control system, or electrical wiring device which is attached to or incorporated into any building or structure in this state but shall not include low-voltage contracting.",
by adding after paragraph (8) thereof a new paragraph (8.1) to read as follows:

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JOURNAL OF THE SENATE

"(8.1) 'General system' means any electrical system, other than an alarm or telecommunication system, involving low-voltage wiring.",
by adding after paragraph (10) thereof the following new paragraphs:
"(10.1) 'Low-voltage contracting' means the installation, alteration, service, or repair of a telecommunication system, alarm system, or gen eral system involving low-voltage wiring.
(10.2) 'Low-voltage contractor' means an individual who is engaged in low-voltage contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under express or implied con tract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests, as out lined in subsection (b) of Code Section 43-14-8.1 shall be licensed.
(10.3) 'Low-voltage wiring' means:
(A) Wiring systems of 50 volts or less and control circuits directly associated therewith;
(B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the defini tion of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or
(C) Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable discon necting means which has been installed for the specific purpose of sup plying the low-voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose.",
and by adding after paragraph (12) thereof a new paragraph to read as follows:
"(12.1) Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access."
Section 3. Said chapter is further amended by striking from subsec tion (c) of Code Section 43-14-3, relating to the creation of the State Con struction Industry Licensing Board, the following:
"(c) The board shall be composed of 17 members", and inserting in its place the following:
"(c) The board shall be composed of 22 members", by striking from the end of paragraph (3) of said subsection (c) the following:
"; and",

MONDAY, FEBRUARY 27, 1984

2593

and inserting in its place the following:

by redesignating paragraph (4) of said subsection (c) as paragraph (5), and inserting immediately prior thereto a new paragraph (4) to read as follows:
"(4) Five members known as the Division of Low-voltage Contrac tors, one of whom shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality; and",
and by adding in subsection (d) thereof immediately after the following:
"June 30, 1987.",
the following:
"Members of the Division of Low-voltage Contractors shall be ap pointed by the Governor, subject to confirmation by the Senate, for ini tial terms beginning July 1, 1984, and ending June 30, 1987."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in its place a new subsection to read as follows:
"(b) The office of chairman shall be rotated among the four divi sions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman.
Section 5. Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and in serting in their respective places new paragraphs to read as follows:
"(2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, jour neyman plumbers, low-voltage contractors, or conditioned air contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration and licensure; pro vided, further, that a similar privilege is offered to residents of this state;
(4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, and conditioned air contracting; and".
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in its place a new subsection (a) to read as follows:
"(a) The Division of Electrical Contractors, with respect to appli cants for a license to engage in or licensees engaging in the business of

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JOURNAL OF THE SENATE

electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licen sees engaging in the business of plumbing as master plumbers or journey man plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; and the Division of Conditioned Air Contrac tors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowl edge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public;
(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examina tions. The Division of Electrical Contractors shall prepare separate ex aminations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical instal lations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumb ers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-volt age Contractors shall prepare separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-volt age Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system lowvoltage contracting, Class LV-T licenses shall be restricted to telecom munication and general system low-voltage contracting, Class LV-G li censes shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(3) Register and license and issue renewal licenses biennially to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;

MONDAY, FEBRUARY 27, 1984

2595

(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I;
(G) Conditioned Air Contractor Class II;
(H) Low-voltage Contractor Class LV-A;
(I) Low-voltage Contractor Class LV-T;
(J) Low-voltage Contractor Class LV-G;
and
(K) Low-voltage Contractor Class LV-U;
(4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relat ing to the profession;
(5) After notice and hearing, have the power to reprimand any per son or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certifi cate of competency to any person or licensee upon any one of the follow ing grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a li cense under this chapter;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unli censed person to practice his profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; or
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regu-

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lations which have been adopted by the board, shall be prima-facie evi dence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a li cense to any person whose license has been suspended or revoked;
(6) Review amendments to or revisions in the state minimum stan dard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and
(7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 7. Said chapter is further amended by adding immediately following Code Section 43-14-8 a new Code section to read as follows:
"43-14-8.1. (a) For purposes of this Code section only, 'division' means the 'Division of Low-voltage Contractors.'
(b) No person shall engage in alarm system, general system, or tele communication system low-voltage contracting unless such person has a valid license therefor from the Division of Low-voltage Contracting.
(c) Any person desiring to qualify under the provisions of this sub section who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecom munication systems. An individual desiring to obtain a Low-voltage Con tractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individ ual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a pe riod of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U li cense shall submit to the division an application, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete lowvoltage wiring jobs, three in alarm and three in telecommunication sys-

MONDAY, FEBRUARY 27, 1984

2597

terns, which shall demonstrate that the individual has successfully per formed low-voltage wiring in those areas for a period of at least one year immediately prior to the time of application.
(d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in the vocation of lowvoltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation.
(e) No partnership or corporation shall have the right to engage in the business of low-voltage contracting unless there is regularly con nected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the low-voltage systems installation, repair, alteration, and service work of all employees of such partnership or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which low-voltage contracting is performed, at least one person sta tioned in each branch office of such partnership or corporation, engaged in the performance of low-voltage contracting on a full-time basis and supervising the low-voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(0 It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partner ship or corporation rested.
(g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an indi vidual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other in formation as the division in its discretion may require. All forms of appli cation for renewal of licenses shall also show whether or not the appli cant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such gov erning authorities that after December 31, 1984, any person desiring a license to engage in the vocation of low-voltage contracting shall be re quired to pass an examination as provided in this chapter."
Section 8. Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in its place a new Code section to read as follows:

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"43-14-15. (a) This chapter shall apply to all installations, altera tions, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services, up to and including the meters where such work is performed by or is an integral part of the system owned or operated by a public service corporation or the electrical, water, or gas department of any municipality in this state, in rendering its duly author ized service as such.
(c) This chapter shall not apply to the installation, alteration, or re pair of plumbing, air-conditioning and heating, or electrical systems, ex cept low-voltage wiring systems, where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or pub lic utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d) This chapter shall not prohibit an individual from installing, al tering, or repairing plumbing fixtures, air-conditioning and heating, airconditioning and heating fixtures, or electrical or low-voltage wiring ser vices in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(e) This chapter shall not prohibit an individual from installing, al tering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(0 This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, munici pality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing, alter ing, or repairing plumbing, plumbing fixtures, air-conditioning and heat ing fixtures, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection re quirements of a county or municipality relating to such connections.

MONDAY, FEBRUARY 27, 1984

2599

(h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter.
Section 9. Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in its place a new Code sec tion to read as follows:
"43-14-16. (a) This chapter shall not apply to:
(1) The installation, construction, or maintenance of power systems for the generation and distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety require ments of utilities; but the interior wiring regulated by the National Elec trical Safety Code would not be exempt and must be done by an electri cal contractor; or
(2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.
(b) Reserved.
(c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business which performs plumbing, elec trical, low-voltage wiring, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, or conditioned air contracting. Such employees are only exempt when work ing on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-volt age contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Sec tion 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such mu nicipality or county.
(0 This chapter shall not prohibit any person from installing, alter ing, or repairing plumbing, plumbing fixtures, air-conditioning and heat ing fixtures, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection re quirements of a county or municipality relating to such connections.
(g) This chapter shall not apply to manufactured housing service personnel who:
(1) Couple the electrical connection from the service entrance panel

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JOURNAL OF THE SENATE

outside the manufactured housing to the distribution panel board inside the manufactured housing;
(2) Connect the exterior sewer outlets to the above-ground sewer system; or
(3) Connect the exterior water line to the above-ground water system.
Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level."
Section 10. This Act shall become effective July 1, 1984.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Senator Cobb of the 28th moved that the Senate adopt the Conference Committee report on HB 1292.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Barnes Brantley Broun of 46th Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Huggins Kennedy Land

Lester McGill McKenzie Peevy Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Turner Tysinger

Those not voting were Senators:

Allgood Barker Bond Bowen

Brannon Brown of 47th Bryant Deal

Howard Hudgins Kidd Perry

MONDAY, FEBRUARY 27, 1984

2601

Phillips Scott of 43rd

Timmons Trulock

Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1292.
The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
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.
The Conference Committee report on HB 1475 was as follows:
The Committee of Conference on HB 1475 recommends that the Sen ate recede from its position and that HB 1475 as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Donn M. Peevy Senator, 48th District
/s/ Culver Kidd Senator, 25th District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Dover Representative, llth District
/s/ Charles C. Martin Representative, 60th District
/s/ Thomas M. Kilgore Representative, 42nd District

Senator Peevy of the 48th moved that the Senate adopt the Conference Committee report on HB 1475.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brantley

Broun of 46th Brown of 47th Bryant

Burton Cobb Coggin

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Coleman Coverdell Dawkins Dean English FEonsgtrearm
Garner Gillis Greene Harris Harrison

Hill Hine Holloway Horton Huggms LKaenndnedy
Lester McGill McKenzie Peevy Perry

Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Sc^tumbi.aughL.
Tate Thompson Trulock Turner Tysinger

Those not voting were Senators:

Barker
Bond Bowen Brannon

Deal
Fincher Howard Hudgins

Kidd
Phillips Timmons Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1475.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1442. By Representatives Dover and Irvin of the llth:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to appointment of judges of courts of municipalities, so as to change the residence requirement for such judges.
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:

Barnes Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coggin Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Garner Gillis

MONDAY, FEBRUARY 27, 1984

2603

Greene Harris Harrison Hill Hine Holloway Horton 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

Those not voting were Senators:

Allgood Barker Bond Bowen

Brannon Deal Howard

Hudgins Phillips Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 951. By Representative Phillips of the 120th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeep ers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Economic Development and Tourism offered the follow ing substitute to HB 951:

A BILL
To be entitled an Act to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to change the provisions relating to the liabili ties of the innkeeper for valuables of guests; 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. Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeep ers, is amended by striking Code Section 43-21-10, relating to the deposit of valuables by guests with innkeepers, in its entirety and substituting in lieu thereof a new Code Section 43-21-10 to read as follows:

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"43-21-10. The innkeeper may provide a safe or other place of de posit for valuable articles and, by posting a notice thereof, may require guests of the innkeeper to place such valuable articles therein or the inn keeper shall be relieved from responsibility for such articles. For all valu able articles placed by a guest with an innkeeper for safekeeping, the innkeeper shall give a receipt therefor to evidence the fact of such de posit. No guest shall recover from the innkeeper more than $750.00 for loss of valuable articles deposited with the innkeeper for safekeeping un less such guest shall possess a receipt of the innkeeper for the valuable articles claimed to have been lost."
Section 2. Said article is further amended by striking subsection (a) of Code Section 43-21-11, relating to the limitation of liability of innkeepers for valuables deposited with the innkeeper, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) No hotel, apartment hotel, or innkeeper shall be responsible in an amount in excess of $1,000.00 for the loss or theft of any valuables, including cash, jewelry, etc., which are contained in a package, box, bag, or other container left with the hotel proprietor or innkeeper to be placed in the safe or other depository of the hotel or inn, provided that the lia bility of the hotel or innkeeper may be increased to an amount in excess of $1,000.00 by a written contract entered into between the parties pro viding a greater liability; provided, further, that the contract shall not call for any additional cost to the guest."
Section 3. Said article is further amended by striking Code Section 43-21-12, relating to limitations on liabilities of innkeepers, in its entirety and substituting in lieu thereof a new Code Section 43-21-12 to read as follows:
"43-21-12. In case of loss of property entrusted by a guest to an innkeeper, it will be presumed that the innkeeper failed to exercise ex traordinary diligence with regard to such property. Negligence or default by the guest, of which the loss is a consequence, shall be a sufficient defense. The liability of the innkeeper for loss of or injury to personal property placed by any guest under the innkeeper's care, other than valu able articles which must be delivered to the innkeeper to be deposited in a safe or other place of deposit, shall not exceed the sum of $1,000.00, provided that any guest may, at any time before loss, damage, or de struction of the guest's property, notify the innkeeper in writing that the property of the guest exceeds in value the sum of $1,000.00 and shall, upon demand of the innkeeper, furnish the innkeeper a list or schedule of the same, with the value thereof, in which case the innkeeper shall be liable for the full value of such property in case of loss, damage, or de struction because of negligence on the innkeeper's part; provided, further, that the innkeeper shall post a copy of this Code section, printed in dis tinct type, on the inside of the door of the guest's room. The innkeeper may adopt reasonable regulations for the innkeeper's protection, and the publication of such rules to the innkeeper's guests shall bind them to comply therewith."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 27, 1984

2605

Senators Broun of the 46th and Coggin of the 35th offered the following amendment:

Amend the substitute to HB 951 offered by the Senate Committee on Economic Development and Tourism by adding a new section (Section 4) as follows:
"This Act shall become effective on January 1, 1985."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Muggins Kennedy Kidd Land tester McGill

McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Allgood Bond Bowen Brannon

Coleman
Hill Howard

Hudgins
Phillips Walker

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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 by substitute.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate amendment to HB 890 and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 890.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Allgood of the 22nd and Kidd of the 25th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 899 and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 899.

MONDAY, FEBRUARY 27, 1984

2607

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Coleman of the 1st, Allgood of the 22nd and Kidd of the 25th.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

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.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brantley Broun of 46th Bryant Burton Cobb Coggin 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 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Allgood Bond Bowen

Brannon Brown of 47th Coleman

Howard Walker

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On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SR 328 was as follows:
A RESOLUTION Creating the Joint Public Utility Rate-making Process Study Commit tee; and for other purposes.
WHEREAS, escalating public utility rates severely impact each person in this state; and
WHEREAS, the process and procedures whereby such rates are estab lished have a significant bearing upon those rates; and
WHEREAS, in order that the Public Service Commission may better perform its duties with regard to rate making and regulation of public utili ties and the right of citizens of this state to receive utility services at justifia ble and reasonable rates, a study of the Public Service Commission and its rate-making procedures is required.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the Joint Public Utility Rate-making Process Study Committee to be composed of seven members of the Senate to be appointed by the President of the Senate and seven mem bers of the House of Representatives to be appointed by the Speaker thereof. The chairman of the committee shall be a member of the House of Representatives.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate

MONDAY, FEBRUARY 27, 1984

2609

any such problems. 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 accom plish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1984, at which time the committee shall stand abolished.

Senator Scott of the 2nd moved that the Senate agree to the House substitute to SR 328 as amended by the following amendment:

Amend the House substitute to SR 328 by striking on Page 1, lines 21 and 22 the words,
"a member of the House of Representatives"
and inserting in its place the following:
"elected by the members of the committee."
and by striking on Page 2, line 10 the word "five" and inserting in its place the word,
"ten".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land tester McGill

McKenzie Peevy Perry Phillips 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:

Allgood
Bond Bowen

Brannon
Brown of 47th Garner

Howard Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 328 as amended by the Senate.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 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.
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:

Barker Barnes Broun of 46th Bryant Burton obb. CP n CCoovleemrdaenll
Dawkins Deal Dean English Engram Fincher Foster

Gillis Greene Harris Harrison Hill Hme Holloway HHourdtgoinns
Huggins Kennedy Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43fd cSt. ummhbnau,.gnhh
i,* Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2611

Those not voting were Senators:

Allgood Bond Bowen

Brannon Brantley Brown of 47th

Garner Howard Starr

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsors: Senators Brannon of the 51st 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:

Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster 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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

2612

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bond Brannon

Brown of 47th Garner

Howard Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Lester of the 23rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy Kidd Land Lester McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon Brown of 47th

Garner Hill Holloway

Howard McKenzie Starr

MONDAY, FEBRUARY 27, 1984

2613

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitutes to the following bills of the House:
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 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.
The following general resolutions and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:
HR 589. By Representatives Porter of the 119th, Lane of the 111th, Crawford of the 5th and others: Senate Sponsor: Senator Gillis of the 20th. A RESOLUTION Proposing an amendment to the Constitution so as to provide that prop erty qualifying for preferential assessment which is devoted to bona fide ag ricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking (c)(l) of said paragraph and inserting in lieu thereof a new (c)(l) to read as follows:
"(1) The property must be owned by: (A) (i) One or more natural or naturalized citizens; or
(ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or

2614

JOURNAL OF THE SENATE

(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or

(B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought."
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 property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens?"

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 amendment:

Amend HR 589 by adding in Section 1 on line 26 of Page 1, immedi ately following the word "reckoning" and preceding the comma, the following:
", or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker

Barnes

Bowen

MONDAY, FEBRUARY 27, 1984

2615

Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Muggins Kennedy Kidd Land tester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon

Brown of 47th Garner Hill

Howard Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

HR 713. By Representatives Crosby of the 150th and Moore of the 139th: A resolution designating the bridge on State Road 31, U.S. Highway 441 over Pudden Creek north of Pearson in Atkinson County, Georgia, as the Ensign Ashley D. Morris Memorial Bridge.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison

Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester McGill

2616
Pecvy Perry Phillips Reddish Scott of 2nd

JOURNAL. OF THE SENATE

Scott of 36th Scott of 43rd Stumbaugh Tate Thompson

Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon

Brown of 47th Garner Howard

McKenzie Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 434. By Representatives Childs of the 53rd, Williams of the 48th, Williams of the 54th and others:
A bill to amend Code Section 15-6-77.2 of the Official Code of Georgia Annotated, relating to the costs for superior court clerk's services in counties with populations of 550,000 or more so as to change the population classifi cation so that said Code section shall apply to all counties of this state hav ing a population of 450,000 or more according to the United States decen nial census of 1980 or any future such census.
Senate Sponsors: Senators Howard of the 42nd and Scott of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Bryant 87" C bb CCooglcgmman
Coverdell Dawkins Deal Dean English Engram Fincher

Foster Gillis Greene Harris Harrison Hill Hln f HHoolrltoown ay
Hudgins Huggins Kennedy Kidd Land Lester McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd SCttumb, augh,
late Thompson Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 27, 1984

2617

Those not voting were Senators:

Allgood Bond Brannon

Broun of 46lh Brown of 47th Garner

Howard McKenzie Starr

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.
Senator Peevy of the 48th moved that the Senate insist upon the Senate substitute to HB 1011.
On the motion, the yeas were 37, nays 0; the motion prevailed and the Senate insisted upon the Senate substitute to HB 1011.
The following general bill of the House, having been read the third time and ta bled previously today, and taken from the Table, was put upon its passage:
HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th: A bill to amend Code Section 40-8-90 of the Official Code of Georgia Anno tated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing on revolving blue lights on their personal motor vehicles under certain circumstances. Senate Sponsor: Senator Cobb of the 28th.
Senator Cobb of the 28th offered the following substitute to HB 1090:
A BILL To be entitled an Act to amend Code Section 40-8-90 of the Official Code of Georgia Annotated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-8-90 of the Official Code of Georgia An notated, relating to flashing or revolving blue lights on motor vehicles, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-8-90 to read as follows:
"40-8-90. (a) Except as provided in subsection (b) of this Code sec tion, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle with flashing or revolving blue lights except motor ve-

2618

JOURNAL OF THE SENATE

hides owned or leased by any federal, state, or local law enforcement agency.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement be tween the sheriff and the county governing authority, is using his per sonal motor vehicle in a law enforcement activity provided such vehicle is marked as provided in Code Section 40-8-91."
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 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hill Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Lester

McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon

Brown of 47th Garner Howard

Perry Starr

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

MONDAY, FEBRUARY 27, 1984

2619

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 27, 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 Pamela Pryor Fuller of DeKalb County as a member of the State Personnel Board, for the term of office beginning February 21, 1984 and ending January 3, 1989.
Honorable W.D. Harrell of Decatur County as a member of the State Board of Veterans Service, for the term of office beginning February 16, 1984 and ending April 1, 1990.
Sincerely, /s/ Joe Frank Harris
Senator English of the 21st moved that the Senate stand in recess until 12:00 o'clock Midnight at which time the Senate would stand adjourned pursuant to HR 829, adopted previously, until 10:00 o'clock A.M. on Wednesday, February 29, and the mo tion prevailed.
At 7:08 o'clock P.M., the President announced that the Senate would stand in recess until 12:00 o'clock Midnight at which time the Senate would stand adjourned pursuant to HR 829, adopted previously, until 10:00 o'clock A.M. on Wednesday, Feb ruary 29.

2620

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 29, 1984 Fortieth 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 Mon day, February 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 substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Coleman of the 118th, Colwell of the 4th and Hays of the 1st.

WEDNESDAY, FEBRUARY 29, 1984

2621

The House insists on its position in substituting the following bill of the Senate:

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 House has rejected the Conference Committee report #1 to the following bill of the House:

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.

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 559. By Senator McGill of the 24th:
A bill to provide that the judge of the Probate Court of Taliaferro County shall become the chief magistrate of the Magistrate Court of Taliaferro County; to provide for the compensation of the chief magistrate.

SB 560. By Senator McGill of the 24th:
A bill to provide for the Board of Education of Wilkes County; to provide for election districts; to provide for qualifications; to provide for the election of the board of education.

SB 562. By Senator Reddish of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, as amended, so as to change the corporate limits of said city.

SB 563. 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; to require candidates to run for certain posts within one dis-

2622

JOURNAL OF THE SENATE

trict; to provide for terms of office; to provide for the election of the chairman.

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 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 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.

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 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 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.

WEDNESDAY, FEBRUARY 29, 1984

2623

The House has adopted by the requisite constitutional majority the following reso lutions of the Senate:

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 319. By Senator Kidd of the 25th:
A resolution designating 1984 as "The Year of the Disabled Voter in Georgia".

The House has passed by the requisite constitutional majority the following bill of the Senate:

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 House has adopted the following resolution of the House:

HR 866. By Representatives Lawler of the 20th, Murphy of the 18th, Connell of the 87th and others:
A resolution urging the President and the Congress of the United States to stop the sale and supply of American military and industrial equipment and technology to the Soviet Union and other Communist countries.

The House has agreed to the Senate substitutes to the following bills of the House:

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.

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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 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.

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 815. By Representatives Phillips of the 93rd and Cummings of the 17th:
A bill to amend Subpart 2 of Part 2 of Article 16 of 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 1569. By Representatives Reaves of the 147th, Carter of the 146th and Bostick of the 138th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorum, compensation of members and employees, and legal representation, so as to change the mem bership of the authority.

HB 1624. By Representatives Byrd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to change the composition of the districts from which mem bers of the board of commissioners are elected; to change the compensation of the members of said board.

HB 1634. By Representatives Mueller of the 126th and Triplet! of the 128th: A bill to create the Board of Elections of Chatham County.

HB 869. By Representative Phillips of the 93rd:
A bill to provide that the board of commissioners of Harris County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of Harris County.

WEDNESDAY, FEBRUARY 29, 1984

2625

The House has agreed to the Senate substitute to the following bill of the House:

HB 1623. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the composition of the Board of Education of Coweta County.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1631. By Representatives Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to amend, change, and redefine the road districts in Coweta County.

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 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.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 644. By Representatives Galer of the 97th and Steinberg of the 46th:
A resolution creating the Joint Part-time State Employment Study Committee.

The House has agreed to the Senate substitute to the following resolution of the House:

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.

2626

JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:

HB 1016. By Representatives Wilson and Burruss of the 20th, Crosby of the 150th and Kilgore of the 42nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to change the manner of computing Georgia taxable net income of corporations for purposes of income taxation.

HB 1650. By Representatives Waddle of the 113th and Watson of the 114th: A bill to create the Houston County Water and Sewer Study Commission.

HB 1636. By Representative Karrh of the 109th:
A bill to amend an Act providing for the compensation and election of the Board of Education of Emanuel County, so as to change the composition of the seven single-member election districts.

The House has agreed to the Senate amendment to House amendment No. 2 to the following bill of the Senate:

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 House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:

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 House has agreed to the Senate substitute to the following bill of the House:

HB 1023. By Representatives Williams of the 6th, Wilson and 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

WEDNESDAY, FEBRUARY 29, 1984

2627

inventories of tangible personal property, so as to change the date by which such applications must be filed.

The House has agreed to the Senate amendments to the following bills of the House:

HB 905. By Representative Richardson of the 52nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to revise the definition of "to practice applied psychology".

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 1209. By Representatives Sherrod of the 143rd, Long of the 142nd, Royal of the 144th and others:
A bill to amend Code Section 40-2-20 of the Official Code of Georgia Anno tated, relating to required registration and licensing of motor vehicles, so as to provide an exemption from those requirements for three wheeled motorcycles used only for agricultural purposes.

The House has agreed to the Senate amendments to the following resolutions of the House:

HR 248. By Representative Logan of the 67th:
A resolution creating the Structure of Financial Institutions Study Committee.

HR 708. By Representatives Childers of the 15th, Chambless of the 133rd, Phillips of the 125th and others:
A resolution creating the Joint Hospital Care for the Indigent Study Committee.

The House has adopted the report of the Committee of Conference on the follow ing bills of the House:

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-

2628

JOURNAL OF THE SENATE

vide that any violation of the handicapped parking law shall constitute a misdemeanor.

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 compensation 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.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

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.

The House has adopted the report of the Committee of Conference on the follow ing bills of the House:

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 1073. By Representatives Robinson of the 58th, Lambert of the 66th, Waldrep of the 80th, Brown of the 154th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Anno tated, relating to landlord and tenant in general, so as to provide that it shall be unlawful for any landlord to refuse to rent or lease any residential real property to any person for the reason that such person has or will have his or her children living with him or her on the premises.

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.

WEDNESDAY, FEBRUARY 29, 1984

2629

The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1362. Do pass by substitute.
Respectfully submitted,
Senator Lester of the 23rd District, Chairman

The following local, uncontested bills and resolution of the House, favorably re ported by the committee, were read the third time and put upon their passage:

HB 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1589. By Representative Walker of the 85th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1611. By Representatives Thompson, Burruss and Wilson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Author ity, so as to change the composition of the membership of the authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 29, 1984

2631

HB 1652. By Representative Jones of the 78th: A bill to make provisions for the Magistrate 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1664. By Representatives Dean of the 29th and Bolster of the 30th:
A bill to continue in force and effect as part of the Constitution ratified at the general election in 1982 that constitutional amendment which exempts certain capital improvements of the Cabbagetown Historic District eco nomic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes for a period of seven years following their establishment or addition.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1665. By Representatives Wilson, Burruss, Cooper and others of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1576. By Representatives Clark of the 55th, Redding of the 50th, Williams of the 54th and others:
A bill to provide for the number and election of the magistrates of the Mag istrate Court of DeKalb County.

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JOURNAL OF THE SENATE

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1576:

A BILL
To be entitled an Act to provide for the number and election of the magistrates of the Magistrate Court of DeKalb County; to provide for elec tion districts; to provide for terms of office; to provide for the appointment of a chief magistrate; to provide for salaries; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Magistrate Court of DeKalb County shall be com posed of five magistrates who shall be elected as provided in this Act. In addition to such magistrates, the governing authority of DeKalb County is authorized to appoint a sufficient number of part-time magistrates so as to ensure the full-time operation of the magistrate court.
Section 2. (a) For the purpose of electing the magistrates of the mag istrate court, DeKalb County shall be divided into five magistrate districts as follows:
"Magistrate District No. 1
Tract 216.01 Tract 216.02
Block Group 1 Blocks 202 through 209 Tracts 217.01, 217.02, 218.02 through 218.04, and 219.01 through 219.03 Tract 220.01 Block Group 1 Blocks 408, 410 through 417, and 431 Tract 220.02 Tract 223.02 Block Groups 1 and 2
Magistrate District No. 2
Tracts 211, 212.02 through 212.07, 213.01 through 213.04, and 214.01 through 214.04
Magistrate District No. 3
Tracts 201 through 207 Tract 208
Block Groups 6 and 7 Tracts 209 and 215 Tracts 216.02
Blocks 211 through 213, 215, and 216 Tract 216.03 Tract 220.01

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2633

Blocks 401 through 407 and 418 through 421 Tracts 220.03, 221, 222, and 223.01 Tract 223.02
Block Group 3 Tracts 224.01 through 224.03, 225, and 226 Tract 237
Blocks 104 through 109 Block Groups 2 through 5
Magistrate District No. 4
Tract 231.01 Blocks 205 through 207 Block Groups 3 and 4 Blocks 503 through 506, 508, 521, 525, and 536
Tract 231.03 Blocks 103 and 114 Block Group 2 Blocks 511, 512, 515, and 516
Tracts 234.03 through 234.06 Tract 234.07
Blocks 212, 213, 219 through 228, and 230 Block Groups 4 and 5 Tracts 235.01 through 235.03, 236, and 238.01 through 238.03
Magistrate District No. 5
Tract 208 Block Groups 1 through 5
Tracts 227 through 230 Tract 231.01
Block Group 1 Blocks 204, 208, 509, 511, 513 through 520, 522 through 524, and 535 Tract 231.02 Tract 231.03 Blocks 101, 106 through 109, 112, 115 through 122, and 303 through 324 Block Group 4 Blocks 501 through 504, 506 through 510, and 514 Tracts 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.07 Block Group 1 Blocks 201 through 211, 214, 216 through 218, and 229 Block Group 3 Tract 237 Blocks 101 through 103"

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(b) As used in the description of Magistrate Districts 1 through 5 in subsection (a) of this section, the terms "Tract," "Block Group," and "Block" shall mean and describe the same geographical boundaries as pro vided in the report of the Bureau of the Census for the United States decen nial census of 1980 for the State of Georgia, County of DeKalb. Any part of DeKalb County which is not included in any magistrate district described in subsection (a) of this section shall be included within that district contigu ous to such part which contains the least population according to the 1980 decennial census.
Section 3. (a) At the general election conducted in 1984, magistrates shall be elected from Magistrate Districts 1 through 5 for terms of office of four years and until their successors are elected and qualified.
(b) Magistrates elected pursuant to the provisions of subsection (a) of this section shall take office on the first day of January following their elec tion. Successors shall be elected at the general election immediately preced ing the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified.
(c) No person shall be eligible to qualify as a candidate for election as a magistrate unless he or she shall have been a bona fide resident of the magistrate district from which he or she is offering at least one year imme diately preceding the date of the election. Except as otherwise provided in this section, magistrates shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia An notated, known as the "Georgia Election Code," governing the nonpartisan election of judges. Magistrates shall be elected by a majority vote of the qualified voters of their respective magistrate districts.
Section 4. No person shall be eligible to become a magistrate unless such person shall have been a practicing attorney for at least three years next preceding the beginning of such person's term of office.
Section 5. A chief magistrate shall be appointed from among the five magistrates by a majority vote of the magistrates.
Section 6. In addition to any other duties provided for by law, the chief magistrate shall also be responsible for carrying the same workload as any one of the other magistrates.
Section 7. Each magistrate, including the chief magistrate, shall re ceive an annual salary in an amount equal to 60 percent of the total salary of a judge of the Superior Court of DeKalb County, payable in equal monthly installments from county funds. The present salary of a magistrate shall not be reduced at any time during such magistrate's term of office.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

WEDNESDAY, FEBRUARY 29, 1984

2635

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1602 by striking line 11 of Page 1 and inserting in lieu thereof the following:
"the foregoing; to provide an effective date; to repeal conflicting laws; and for other".
By adding between lines 8 and 9 of Page 4 a new section to read as follows:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
By striking from line 9 of Page 4 after the word "Section" the follow ing numeral:
"3",
and inserting in lieu thereof the following: "4".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.

2636

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1655. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Butts County.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1655 by striking from lines 11 and 12 of Page 1 the following:
"appointed by the chief judge of Superior Court of Butts County.",
and inserting in lieu thereof the following:
"nominated by the chief judge of Superior Court of Butts County. Such nomination shall be submitted to the November term grand jury of Butts County; and if the nomination is ratified by the grand jury then the person nominated shall become the chief magistrate. If the nomination is not ratified, the chief judge of superior court shall nominate some other person and such nomination shall likewise be submitted to said grand jury for ratification."

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1659. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to create new commissioner districts for the election of commissioners.

WEDNESDAY, FEBRUARY 29, 1984

2637

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1659:

A BILL
To be entitled an Act to amend an Act creating a board of commission ers of roads and revenues for the County of Pike, approved March 17, 1869 (Ga. L. 1870, p. 447), as amended, so as to create new commissioner dis tricts for the election of commissioners; to provide for the election, terms, and qualifications of commissioners; to provide for the preservation of the terms of current members of the board of commissioners; to change the composition of the board of commissioners; to provide for vacancies; to pro vide for a chairman and vice-chairman and the duties of the chairman and vice-chairman; to provide for meetings; to provide for a quorum; to provide for transition; to provide for other matters relative to the foregoing; to pro vide 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 board of commissioners of roads and revenues for the County of Pike, approved March 17, 1869 (Ga. L. 1870, p. 447), as amended, is amended by striking Sections 1 through 5, inclusive, and Section 9 in their entirety and inserting in lieu thereof new Sections 1 through 5 to read as follows:
"Section 1. (a) The governing authority of Pike County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act.
(b) The board of commissioners shall be the governing authority of Pike County and shall exercise all the duties, powers, and responsibilities vested in and imposed upon said commissioners as provided by law.
Section 2. (a) The chairman of the board of commissioners may re side anywhere within Pike County and shall be elected by a majority of the qualified electors of Pike County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall be a citizen of this state, a qualified voter, and shall have been a resident of Pike County for two years immediately prior to qualifying as a candidate and shall remain a resident of said county during the term of office.
(b) A candidate for commissioner, other than the chairman, shall be a resident of this state, a qualified voter, and shall have been a resident of the commissioner district for which the candidate is offering for at least two years prior to qualifying as a candidate. A district commis sioner shall remain a resident of the respective commissioner district dur ing the term for which elected. Should a member of the board who is elected from a commissioner district change his residence from the com missioner district from which he was elected, a vacancy shall be created and shall be filled as provided in this Act. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering.

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The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(c) Any person serving as a commissioner shall be disqualified from holding any other county office.
(d) (1) For the purpose of electing the four members of the board who are elected from districts, Pike County shall be divided into four commissioner districts as follows:
Commissioner District Number 1 shall be composed of that geo graphical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-0675-01 and 13-3125-01) as follows:
Williamson Division (015) Remainder of Williamson Division (015) BNA 9901p., Block Group 3, Blocks 341, 333, 327; and,
Concord--Molena Division (005) Remainder of Concord--Molena Division (005) BNA 9902p., Block Group lp., Blocks 110, 113, 114, 105p., 104, 103, 102, 127, 128, 126, 125, 124, 121p., 120p., 123, 122; and,
Concord--Molena Division (005)
Concord Town (1980 Census Map Inventory Number 13-0675-01), BNA 9902p., Block Group lp., Blocks 122, 121p., 117, 116, 105p., 141, 140, 139, 138, 132p., 119, 118, 120p.; and,
Zebulon Division (020), Remainder of Zebulon Division (020) BNA 9901p., Block Group 2p., Blocks 221, 223, 214p., 216, 215p., 208p., 207, 241 p., 258, 243, 236p., 237, 259; and,
Zebulon Division (020), Zebulon City, 1980 Census Map Inventory Number 13-3125-01 BNA 9901p., Block Group lp., Blocks 128p., 129p., 145, Block Group 2p., Blocks 242, 213, 214p., 215p., 260, 238, 234, 235, 236p., 241p., 208p.
Commissioner District Number 2 shall be composed of that geo graphical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-231-001, 13-0675-01 and 13-1885-01) as follows:
Concord--Molena Division (005), Concord Town (0675) 1980 Census Map Inventory Number 13-0675-01, BNA 9902p., Block Group lp., Blocks 130p., 132p., 136p., 137, 142p., 115p.; and,
Concord--Molena Division (005) Remainder of Concord--Molena Division (005) BNA 9902p., Block Group lp., Blocks 106, 107, 108, 109, 111, 112, 156,

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2639

157, 158, 154, 152p, 153p., 159p., 187, 155, 143, 142p., 136p., 135, 132p., 131, 130p., 129, 133, 134, 144, 145, 180, 181, 182, 184, 186, 183, 179, 178, 177, 176, 174, 173, 185, 189, 188, 172, 175, 146p., 171p., 168, 167p., 166, 165, 163, 162, 161p., 160p.; and,
Concord--Molena Division (005), Molena City 1980 Census Map Inventory Number 13-1885-01 BNA 9902p., All of Block Group Ip; and,
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group 2p., Blocks 225p., 227, 226; and,
Zebulon Division (020), Zebulon City (3125), BNA 9901p., Block Group 2p., Blocks 209, 210, 211, 212, 240, 230, 231, 229, 232, 239, 233, 228, 225p.; and,
Meansville Division (010), Remainder of Meansville Division (010) BNA 9902p., Block Group 2, Blocks 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241.
Commissioner District Number 3 shall be composed of that geo graphical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-231-001 and 13-1785-01) as follows:
Meansville Division (010), Remainder of Meansville Division (010), BNA 9902p., Block Group 2, Blocks 201, 202, 203, 204p., 205, 206p., 208p., 219, 220, 221p., 222p., 223, 224, 225, 226, 227, 228, 229, 230, 231, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251; and,
Meansville Division (010), Meansville City (1785) (1980 Census Map Inventory Number 13-1785-01) BNA 9902p., All of Block Group 2; and,
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group 2p., Blocks 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 201, 202, 203, 204, 205, 206; Block Group Ip., Blocks 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 119, 120, 123, 124, 125.
Commissioner District Number 4 shall be composed of that geo graphical area included in the tract/block numbering area, division, and block group as shown and designated on the 1980 Census Map, (Map Inventory Numbers 13-231-001 and 13-3060-01) as follows:
Zebulon Division (020), Remainder of Zebulon Division (020), BNA 9901p., Block Group Ip., Blocks 112, 113, 114, 115, 116, 117, 118, 140, 122, 121, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 126, 127; Block Group 2p., Blocks 217, 218, 219, 220, 222; and,
Williamson Division (015), Remainder of Williamson Division (015), BNA 9901p., All of Block Group 3 except Blocks 327, 341, and 333, which are expressly excluded from District Number Four; and,
Williamson Division (015), Williamson Town (3060), (1980 Census Map Inventory Number 13-3060-01), BNA 9901p., All of Block Group 3.

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(2) Any part of Pike County which is not included in any district shall be included within that district contiguous to such part which con tains the least population according to the United States decennial census of 1980 or any future such census.
(3) The Census of Population and Housing, 1980--P.L. 94-171 Counts, for Pike County, Georgia, dated February 28, 1981, pp. 13711376, inclusive, and all maps hereinafter identified by inventory number are by reference incorporated into and made a part of this Act as fully and completely as if copied at length in this Act.
Section 3. (a) The present members of the board of commissioners of Pike County shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. In order to preserve said terms, the members of the board who are presently in office and who are residents of Commis sioner Districts No. 2 and 3 are designated the members from Commis sioner Districts No. 2 and 3, respectively. Said members shall serve out the terms for which they were originally elected, and successors shall be elected as provided in this Act.
(b) At the general election of 1984, new members from Commis sioner Districts No. 1 and 4 and the chairman from the county at large shall be elected. The chairman and the commissioner elected from Com missioner District No. 4 shall take office on the first day of January fol lowing their election and shall serve for a term of four years. The com missioner elected from Commissioner District No. 1 shall take office on the first day of January following his election and shall serve for an ini tial term of two years.
(c) Thereafter, members who are elected to succeed members of the board of commissioners shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on the first of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified.
(d) Any vacancy occurring in the board during an incumbent or transition term of office preserved or established by this section shall be filled as provided by this Act only for the unexpired term of that vacant member.
(e) Any vacancy which occurs in the board established by this Act and which has an unexpired term exceeding 180 days shall be filled for the unexpired term in the same manner as prescribed in the case of va cancy in the office of clerk of the superior court. Any vacancy which occurs in the board established by this Act and which has an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on said board must be eligible to be elected to said vacant position.
(f) Before entering upon the duties of the office of commissioner, each member of the board shall take the oath required of all civil officers of this state and be bonded in the amount of $25,000.00 by a good and

WEDNESDAY, FEBRUARY 29, 1984

2641

solvent bonding company authorized to do business in this state, said bond to be approved by the judge of the Probate Court of Pike County and filed in the office of the probate court and payable to the Governor of this state and his successors in office for the use of Pike County condi tioned upon the faithful performance of the duties of the office of com missioner. The cost of said bond shall be paid from the general funds of Pike County.
Section 4. (a) It shall be the duty of the chairman to act as presid ing officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as provided in this Act or such as may be delegated to him by the board of commissioners. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to an nounce the decision of the board on all subjects, and to decide all ques tions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall have the right to vote on all mat ters coming before the board and shall have the right to move for the adoption of any resolutions or other matters coming before the board.
(b) At the first regular meeting in January of each year and at the first regular meeting each year thereafter, the board of commissioners shall, by majority vote, elect one of their members as vice-chairman. The vice-chairman shall serve at the pleasure of a majority of the members of the board and may be removed as vice-chairman at any time without notice, cause, or hearing. In the absence, disqualification, or disability of the chairman, the vice-chairman shall assume the duties of chairman.
Section 5. The board of commissioners shall hold regular meetings on the second Wednesday of each and every month; provided, however, that a majority of said board may convene the same in extraordinary session whenever in their judgment it may be necessary. Three commis sioners shall constitute a quorum for the transaction of business; pro vided, however, that no official action may be taken except upon affirma tive vote of at least three commissioners."
Section 2. The provisions of this Act relating to and necessary for the election of certain members of the board of commissioners of Pike County at the 1984 general election shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. This Act shall be effective for all purposes on or after 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 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1682. By Representative Adams of the 79th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to create new commissioner districts for the election of commissioners.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing amendment:

Amend HB 1682 by adding in the title on line 12 of Page 1, immedi ately following the word and symbol "foregoing;" and immediately preced ing the word "to", the following:

"to provide for a referendum;".

By renumbering Sections 3 and 4 on Page 10 as Sections 4 and 5, re spectively, and inserting between lines 4 and 5 on page 10 a new Section 3 to read as follows:

"Section 3. Not less than ten nor more than 20 days 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 superintendent of Upson County to issue the call for an election for the purpose of submitting this Act to the electors of Upson County for approval or rejection. The superinten dent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superin tendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Upson County. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the Act providing for a five-member board of commissioners of Upson County and providing for the election of four members from districts and the election of the chairman from the county at large 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 Upson County. It shall be the duty of the superintendent to hold and conduct such election.

WEDNESDAY, FEBRUARY 29, 1984

2643

It shall be his further duty to certify the result thereof to the Secretary of State."
By striking from lines 8, 9, and 10 on Page 10 the following:
"upon the approval of this Act by the Governor or upon its becom ing law without his approval",
and inserting in lieu thereof the following:
"on the date of the certification of the results of the referendum provided for in Section 3 but only if this Act is approved in such referen dum election".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

Senator Harris of the 27th offered the following amendment:

Amend HB 1682 by adding at the end of line 11, Page 10, immediately following the figure "1985" and preceding the period, the following:
", provided that this Act is approved in the referendum election held pursuant to Section 3 of this Act".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1683. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 1683:
A BILL
To be entitled an Act to amend an Act creating a board of commission-

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ers of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, so as to provide for commissioner districts; to provide for qualifi cations, election, and terms; to provide for the election of the chairman of the board of commissioners; to provide that the chairman shall not have the right to vote except in the case of a tie vote; to provide for quorum; to pro vide for transition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, is amended by striking Sections 1 and 2 thereof and inserting in their place the following new sections:
"Section 1. (a) For purposes of electing the five members of the board of commissioners of Bacon County, who must reside in districts, the county is divided into six districts as follows:
District 1
All that territory embraced within the boundaries of Bacon County
District 2
Bacon Tract 9901 That part of Block 254 within the City of Alma Those parts of Blocks 334 and 338 within the City of Alma Blocks 351 through 373 and 390 through 395 Blocks 401 through 403 Blocks 616 through 627 and 639 through 642 Blocks 703 through 705 and 723 That part of Block 858 within the City of Alma
District 3
Bacon Tract 9901 Blocks 339 through 350, 374 through 389, and 396 through 399 Blocks 404 through 420 Those parts of Blocks 502, 503, and

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2645

527 within the City of Alma Blocks 528 through 530 That part of Block 531 within
the City of Alma Block 532 Those parts of Blocks 533, 536, 538,
and 539 within the City of Alma Blocks 541 and 543 through 550 Blocks 601 through 615, 628 through
638, and 643 through 650 Blocks 701, 702, 706 through 722,
and 724 through 734 Those parts of Blocks 735 and 736
within the City of Alma That part of Block 857 within the
City of Alma
District 4
Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255 and 257 through 267 Blocks 321, 322, and 328 through 333 That part of Block 334 outside the City of Alma Blocks 336 and 337 That part of Block 338 outside the City of Alma
District 5
Bacon Tract 9901 Block 335 Block 537 That part of Block 539 outside the City of Alma Those parts of Blocks 735 and 736 outside the City of Alma Blocks 740 and 741 Those parts of Blocks 742 and 758 lying south of Georgia Power line Block 759 That part of Block 760 lying south of Georgia Power line Those parts of Blocks 801 and 803 lying south of Georgia Power line Blocks 804 through 820 and 822 through 856

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Those parts of Blocks 857 and 858 outside the City of Alma
Blocks 859 through 874 and 899
District 6
Bacon Tract 9901 Blocks 301 through 320 and 323 through 327 Blocks 421 through 452 Block 501 Those parts of Blocks 502 and 503 outside the City of Alma Blocks 504 through 526 Those parts of Blocks 527, 531, 533, 536, and 538 outside the City of Alma Blocks 737 through 739 That part of Block 742 lying north of Georgia Power line Blocks 743 through 755 and 757 Those parts of Blocks 758 and 760 lying north of Georgia Power line Blocks 761 through 797 That part of Block 801 lying north of Georgia Power line Block 802 That part of Block 803 lying north of Georgia Power line Blocks 888 and 889
(b) Any part of Bacon County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census.
Section 2. (a) (1) At the general election conducted in 1984, the chairman and four members of the board shall be elected.
(2) The chairman shall be elected from District 1 for an initial term of four years beginning January 1, 1985, and until his successor is elected and qualified.
(3) The members from Districts 2 and 5 shall each be elected for an initial term of four years beginning January 1, 1985, and until their suc cessors are elected and qualified. The members from Districts 4 and 6 shall each be elected for an initial term of two years beginning January 1, 1985, and until their successors are elected and qualified.
(4) That person elected to represent the Alma District as a member of the board of commissioners of Bacon County at the 1982 general elec tion, under previously existing provisions of this Act, shall serve out that member's term of office, which shall expire December 31, 1986, and until the election and qualification of a successor under this section. That sue-

WEDNESDAY, FEBRUARY 29, 1984

2647

cessor shall be elected at the 1986 general election to serve from District 3 under this section and shall take office January 1, 1987, for an initial term of four years and until the election and qualification of a successor.
(5) From January 1, 1985, until January 1, 1987, the board of com missioners of Bacon County shall consist of the chairman and four mem bers elected under this subsection and the incumbent member elected at the 1982 general election to represent the Alma District.
(b) Successors to those members elected under subsection (a) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and they shall each take office January 1 following their election for terms of four years and until the election and qualification of their respective successors.
(c) The chairman and each member of the board shall be elected by a majority of the voters within their respective commissioner districts. The chairman and each member of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"
Section 2. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. Chairman and vice chairman, (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time without notice, cause, or hearing.
(b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be dele gated to him by the board of commissioners. In the event of the absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company au thorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, condi tioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County."
Section 3. Said Act is further amended by striking Section 9 thereof and inserting in its place a new Section 9 to read as follows:

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"Section 9. Four members of the board shall constitute a quorum for the transaction of all business which may come before them."
Section 4. This Act shall become effective only in the event an Act entitled "An Act to amend an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, so as to provide for commissioner districts; to provide for a chairman and members of the board; to provide for qualifications, election, and terms; to provide for a vice chairman and the duties of the chairman and vice chair man; to provide for quorum; to provide for transition; to provide an effective date; to repeal conflicting laws; and for other purposes.", approved March 29, 1983 (Ga. L. 1983, p. 4538), is not approved by the United States Jus tice Department under Section 5 of the federal Voting Rights Act of 1965, as amended. In the event said Act is approved by the United States Justice Department under Section 5 of the federal Voting Rights Act of 1965, as amended, this Act shall be void and of no force and effect.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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.

The Senate Committee on Federal, State, and Community Affairs offered the fol lowing substitute to HR 734:

A RESOLUTION
Creating the DeKalb County Recorder's Court and Magistrate Court Study Commission; and for other purposes.
WHEREAS, the state-wide legislation establishing magistrate courts in Georgia has resulted in potentially conflicting judicial jurisdiction in DeKalb County; and

WEDNESDAY, FEBRUARY 29, 1984

2649

WHEREAS, the complexities of resolving the administrative and judi cial issues relating to such courts in DeKalb County require intensive inves tigation; and
WHEREAS, the best interest of DeKalb citizens will be served by a coordinated local and state approach to resolving these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the DeKalb County Re corder's Court and Magistrate Court Study Commission which shall be composed of nine members as follows:
(1) Three members to be appointed by a majority vote of the DeKalb County House Delegation;
(2) Three members to be appointed by a majority vote of the DeKalb County Senate Delegation;
(3) One member to be a judge of the Superior Court of DeKalb County appointed by the chief judge of said court;
(4) One member to be a judge of the State Court of DeKalb County to be appointed by the chief judge of said court; and
(5) One member to be a county commissioner to be appointed by the chairman of the county commission.
The commission shall select a chair and a vice-chair by vote of the members at the first meeting. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary.
BE IT FURTHER RESOLVED that the commission shall undertake a study of all aspects of the DeKalb County system and shall study the coordi nation, design, and functions of the Recorder's and Magistrate Courts of DeKalb County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the commission shall serve with out compensation.
BE IT FURTHER RESOLVED that the commission shall make a re port of its findings, conclusions, and recommendations for the improvement of the DeKalb County system of Recorder's and Magistrate Courts, includ ing any proposed legislation, to the DeKalb County House and Senate Dele gations on or before December 1, 1984, on which date the commission shall stand abolished.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The 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 Dawkins Deal

Engram Fincher Foster Garner Gillis Greene Harrison Hill Hine Holloway Hudgins Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Tysinger Walker

Those not answering were Senators:

Coggin Coverdell Dean English

Harris Horton Howard Perry

Scott of 36th Timmons Turner

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert Huyck, pastor of the First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 467. By Senator Howard of the 42nd: A resolution commending Mrs. Fannie Mae Eberhart.

SR 468. By Senator Reddish of the 6th:
A resolution recognizing Georgia Council of Deliberation, Ancient and Ac cepted Scottish Rite of Free Masonry, Prince Hall Affiliation Day and Georgia State Grand Assembly Order of the Golden Circle Day and com mending certain officers.

WEDNESDAY, FEBRUARY 29, 1984

2651

SR 469. By Senator Mine of the 52nd:
A resolution recognizing the City of Rome on the one hundred and fiftieth anniversary of its incorporation.

SR 466. By Senators Foster of the 50th and Turner of the 8th: A resolution commending Louise Summers.

Lieutenant Governor Miller introduced Louise Summers to the Senate.

The following resolution of the House was read and put upon its adoption:

HR 866. By Representatives Lawler of the 20th, Murphy of the 18th, Connell of the 87th and others:
A resolution urging the President and the Congress of the United States to stop the sale and supply of American military and industrial equipment and technology to the Soviet Union and other Communist countries.

On the adoption of the resolution, the yeas were 28, nays 2.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Garner of the 30th moved that the Senate reconsider its action in defeat ing HR 866.

On the motion, the yeas were 31, nays 1; the motion prevailed.

Senator Kidd of the 25th moved that HR 866 be printed.

On the motion offered by Senator Kidd of the 25th, the yeas were 36, nays 0; the motion prevailed, and HR 866 was ordered printed, and the action on the motion of fered by Senator Garner of the 30th was postponed subject to the printing.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 423. By Senator Holloway of the 12th:
A resolution to amend SR 3, relative to officials, employees, and committees of the Senate.

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The Senate Committee on Rules offered the following amendment to SR 423:

Amend SR 423 by striking on Page 1, lines 12 through 15, in their entirety and inserting in lieu thereof the following:
"Secretary of the Senate shall be $49,000 per annum. During his tenure of office,".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond 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 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 Coggin.

On the adoption of the resolution, the yeas were 55, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

WEDNESDAY, FEBRUARY 29, 1984

2653

The following resolution of the House, favorably reported by the committee, was read and put upon its adoption.

HR 794. By Representatives Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution revising and adopting the Rules for the Government of the General Assembly When in Joint Session.

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins English

Gillis Greene Harris Hill Hine Holloway Kennedy Kidd Land Lester McGill Perry

Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Brannon Deal Engram Foster

Harrison Horton Howard

Huggins Peevy Tysinger

Those not voting were Senators:

Barker Bond Brantley Coggin

Dean Fincher Garner

Hudgins McKenzie Starr

On the adoption of the resolution, the yeas were 36, nays 10.

The resolution, having received the requisite constitutional majority, was adopted.

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Senator Stumbaugh of the 55th moved that the Senate reconsider its action in adopting HR 794.

Senator Stumbaugh of the 55th moved that HR 794 be printed.

On the motion offered by Senator Stumbaugh of the 55th to print the resolution, the yeas were 36, nays 0; the motion prevailed, and HR 794 was ordered printed, and the action on the motion offered by Senator Stumbaugh of the 55th to reconsider HR 794 was postponed subject to the printing.

The following resolution of the Senate was read and adopted:

SR 470. By Senators Scott of the 2nd, Bryant of the 3rd and Coleman of the 1st:
A resolution urging the Board of Commissioners of Chatham County to take certain action relative to the Chatham County Hospital Authority Board.

The following resolution of the House, having been read previously today, lost, reconsidered and postponed in order that the resolution might be printed, was put upon its adoption:

HR 866. By Representatives Lawler of the 20th, Murphy of the 18th, Connell of the 87th and others:
A resolution urging the President and the Congress of the United States to stop the sale and supply of American military and industrial equipment and technology to the Soviet Union and other Communist countries.

On the adoption of the resolution, the yeas were 27, nays 2.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Tate of the 38th introduced Carolyn Lee, a past president of the Georgia Association of Educators, who was commended by SR 438, adopted previously, and she briefly addressed the Senate.

Senator Stumbaugh of the 55th introduced a doctor of the day, Dr. Robert Wil liams, of Doraville, Georgia.

Serving also as a doctor of the day was Dr. Darrell Dean of Decatur, Georgia.

The following resolution of the House, having been read previously today, adopted,

WEDNESDAY, FEBRUARY 29, 1984

2655

and postponed before reconsideration in order that the resolution might be printed, was put upon its adoption:

HR 794. By Representatives Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution revising and adopting the Rules for the Government of the General Assembly When in Joint Session.

On the motion offered by Senator Stumbaugh of the 55th that the Senate recon sider its action in adopting HR 794, Senator Stumbaugh of the 55th asked unanimous consent to withdraw his motion; the consent was granted and the motion was withdrawn.

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 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.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Galer of the 97th, Oliver of the 1st and Hirsch of the 96th.

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SENATE RULES CALENDAR

Wednesday, February 29, 1984

FORTIETH LEGISLATIVE DAY

HB 975 HB 1230 HR 471 HB 635 SR 449 HB 1270 HR 592 HB 913 HR 780 HR 733 HR 623 HB 94 HB 912 SR 439 HB 1037 HB 1038 HB 442 HB 518 SR 445 HB 1205 HB 1416

Peace Officers' Annuity and Benefit Fund Board of Commission ers--composition (AMENDMENT) (Ret--8th)
Jury Duty--change provisions on exemptions (J&CL--33rd)
Appeals in Criminal Cases--urge Congress undertake needed re forms (SUBSTITUTE) (Judy--5th)
Payments to Minority Subcontractors Pursuant to State Con tract--income tax credit (SUBSTITUTE) (B&F--2nd)
Public Utility Rate-making Process Study Committee--create (Pub U--2nd)
Condominium Fees--collection after foreclosure of unit (Judy--33rd)
DeKalb County Junior College--approval of Board of Regents ac quiring (H Ed--55th)
Sales Under Tax Executions--time required for advertisement (B&F--33rd)
Farmer Problems--urge Georgia congressional delegation to recog nize (Ag--24th)
Special Community Improvement Districts for Governmental Ser vices--authorize creation (SUBSTITUTE) (FS&CA-G--43rd)
Joint Committee to Study Creation of Separate Mental Health and Retardation--create (SUBSTITUTE) (Hum R--56th)
Peace Officers' Annuity and Benefit Fund--disability benefits (SUB STITUTE) (Ret--llth)
Domestic Wills--when probate conclusive (J&CL--45th)
Senate Children and Youth Coordinating Council Study Commit tee--create (Rules--15th)
District Attorneys--remove provisions requiring collection of fines (Judy--49th)
Assistant District Attorneys--revise provisions relating to (SUBSTI TUTE) (AMENDMENT) (J&CL--26th)
Personal Property Sold Under Tax Executions--authorize county purchase (FS&CA-G--41st)
"911" Emergency Telephone System--state not liable (J&CL--45th)
Robert L. Anderson Bridge--urge Department of Transportation to designate (Trns--50th)
Certain Representative Districts--change composition (AMEND MENT) (Gov Op--52nd)
Examining Board Investigators--may carry firearm (Pub Saf--28th)

WEDNESDAY, FEBRUARY 29, 1984

2657

SR 434 Senate Textbook Study Committee--create (Ed--45th) HB 1362 Hotel-Motel Tax--change limitation on aggregate amount which
may be levied (SUBSTITUTE) (B&F-^2nd)
Respectfully submitted, /s/ Holloway of the 12th, Chairman
Senate Rules Committee

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate substi tute to HB 1271.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1271.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 544 by striking from line 5 of Page 1 the word "election" and inserting in lieu thereof the word "selection".
By striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The number of superior court judges of the Cobb Judi cial Circuit is increased from five to six. The initial judge for said sixth judgeship shall be appointed by the Governor for a term beginning July 1, 1984, and ending December 31, 1986, and until a successor is elected

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and qualified. Thereafter successors shall be elected at the general elec tion held in 1986, and every four years thereafter; and their terms shall be for four years beginning on the first day of January next following their election."
By striking Section 7 and inserting in its place a new Section 7 to read as follows:
"Section 7. This Act shall become effective July 1, 1984."

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 544.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher

Gillis Greene Harris Harrison Hill Hine 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 Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brantley

Coggin Coleman Foster

Garner Holloway Trulock

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 544.

Senator Barnes of the 33rd moved that Senate Rule 218 be suspended in order to allow the Senate to consider the appointments by His Excellency, Governor Joe Frank Harris, today.

WEDNESDAY, FEBRUARY 29, 1984

2659

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate suspended Senate Rule 218 to allow the Senate to consider the appointments by His
Excellency, Governor Joe Frank Harris, today.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a com munication to the Senate on February 27, 1984, which is included in the Journal of February 27.

Senator Barnes of the 33rd asked unanimous consent that the reading of the ap pointments be dispensed with since they had been printed and distributed by the Secre
tary to each Senator and that one roll call suffice on both appointments unless any Senator designated any appointee be deleted from the list and voted on individually. The consent was granted.

No Senator requested the name of any appointee be deleted.

On the confirmation of the appointees, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton 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 Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brantley

Cobb Coggin

Howard Scott of 36th

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On the confirmation of the appointees, the yeas were 49, nays 0, and both of the appointees were confirmed.
On the confirmation of the appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 March 2, 1984
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 27, 1984, were acted upon by the Georgia State Senate in session on February 29, 1984, with the following results:
Honorable Pamela Pryor Fuller of DeKalb County as a member of the State Personnel Board, for the term of office beginning February 21, 1984, and ending January 3, 1989. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable W. D. Harrell of Decatur County as a member of the State Board of Veterans Service, for the term of office beginning February 16, 1984, and ending April 1, 1990. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Sincerely, /s/ Hamilton McWhorter, Jr.
Secretary of the Senate
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
SB 63. By Senators Coverdell of the 40th and Trulock of the 10th: A bill to amend Code Section 28-1-9 of the Official Code of Georgia Anno tated, relating to service in the General Assembly being credited under pen sion plans of political subdivisions when former members of the General As sembly become officials or employees of such political subdivisions, so as to

WEDNESDAY, FEBRUARY 29, 1984

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provide that service in the General Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system.

The House substitute to SB 63 was as follows:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide that service in the Gen eral Assembly after a certain date may not be obtained as creditable service under any local retirement or pension system unless the source of authority for such local retirement or pension system specifically authorizes creditable service for service in the General Assembly; to remove the option for mem bers of the General Assembly to become members of the Employees' Retire ment System of Georgia as applied to persons becoming members of the General Assembly after a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to public retirement, a new Code Section 47-18 to read as follows:
"47-1-8. No person becoming a member of the General Assembly for the first time on or after July 1, 1984, shall be entitled to receive or shall receive any creditable service under any local retirement or pension system for service as a member of the General Assembly unless the law, ordinance, or resolution which is the source of authority for such local retirement or pension system specifically authorizes creditable service to be obtained under such local retirement or pension system for service in the General Assembly."
Section 2. Said title is further amended by striking subsection (b) of Code Section 47-6-42, relating to membership in the Georgia Legislative Retirement System and the option to become a member of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Each person who becomes a member of the General Assembly after April 13, 1979, but before July 1, 1984, shall elect either to become a member of the Georgia Legislative Retirement System or to become a member of the Employees' Retirement System of Georgia. Such election must be made within 60 days from the date the person becomes a mem ber of the General Assembly and once made shall be irrevocable as long as such person is a member of the General Assembly. Each person who becomes a member of the General Assembly on or after July 1, 1984, shall become a member of the Georgia Legislative Retirement System upon taking office as a member of the General Assembly and shall re main a member of said system as long as such person remains a member of the General Assembly."

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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 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Cathy Steinberg

State Representative, District 46

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 17, 1984

SUBJECT: Fiscal Note--Senate Bill 63 Substitute (LC 7 5714S) Employees Retirement System--General Assembly Creditable Service

This Bill would give local retirement and pension systems the option of not granting creditable service to officials and employees of that political subdivision for previous service in the General Assembly. Only persons elected to the General Assembly for the first time after July 1, 1984 would be affected. The Bill would also remove the option for members of the Gen eral Assembly to become members of the Employees' Retirement System while serving as members of the General Assembly. It provides that each person who becomes a member of the General Assembly on or after July 1, 1984 shall become a member of the Georgia Legislative Retirement System upon taking office as a member of the General Assembly and shall remain a member of said system as long as such person remains a member of the General Assembly.

The fiscal impact of this Bill cannot be determined. Under the first pro vision any local system that chooses not to grant creditable service to former members of the General Assembly would realize a reduction in future costs. The amount of this reduction would depend on the number of years of ser vice in the General Assembly, future earnings, and provisions of the local retirement system.

The actuary for the Employees Retirement System and the Legislative Retirement System has stated that they cannot estimate the dollar impact of the Bill's second provision because they cannot predict how many new mem
bers of the General Assembly would be affected. They would expect a slight overall reduction in State liability if the legislation is enacted.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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2663

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 63.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Burton Cobb 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 Trulock
Turner Tysinger
Walker

Those not voting were Senators:

Bond Brannon Brantley

Bryant Coggin Fincher

Tate Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 63.

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.

The House substitute to SB 425 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 for judicial findings when a child is ordered removed from the child's home; to limit an order of disposition placing a deprived child in foster care

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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) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child and that reasonable efforts were made to prevent or eliminate the need for removal and to make it possi ble for the child to return to the child's home. Except as otherwise pro vided by law, an order of disposition placing a deprived child in foster care under the supervision of the Department of Human Resources shall continue in force for 18 months after 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

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2665

(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 1. 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.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to SB 425.

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 Barnes
Bowen
Brannon Broun of 46th
Brown of 47th
Burton
Cobb Coleman Dawkins Deal English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hill Hinc
Holloway
Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

Those not voting were Senators:

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Thompson Trulock Turner Tysinger Walker

Bond Brantley Bryant

Coggin Coverdell Dean

McKenzie Tate Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 425.
The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
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.
The Conference Committee report on HB 1373 was as follows:
The Committee of Conference on HB 1373 recommends that both the Senate and the House of Representatives recede from their positions and

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2667

that the attached Committee of Conference Substitute to HB 1373 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Richard L. Greene Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert G. Peters Representative, 2nd District
/s/ Howard H. Rainey Representative, 135th District
/s/ Ralph Twiggs Representative, 4th District

Conference Committee substitute to HB 1373:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of fire arms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing and registration of firearms or ammunition and components; to provide for ex clusions; to provide for the intention of the General Assembly; 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 60 of Title 36 of the Official Code of Georgia An notated, relating to general provisions affecting both counties and municipal corporations, is amended by adding at the end of said chapter a new Code Section 36-60-11 to read as follows:
"36-60-11. (a) It is declared by the General Assembly that the regu lation of firearms is properly an issue of general state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate the possession, ownership, transportation, carrying, transfer, sale, purchase, licensing or registration of firearms, ammunition, or components of firearms or ammunition.
(c) Nothing contained in this Code section shall prohibit business licensing and taxation by cities and counties of persons, firms, or corpora tions engaged in the regular sale of firearms, ammunition, or components of firearms or ammunition, including but not limited to the imposition of restrictions or prohibitions on the licensing of such persons, firms, or cor-

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porations when the person or the owner of the firms or corporations has been convicted of a felony.
(d) Nothing contained in this Code section shall prohibit cities or counties, by ordinance, resolution, or other enactment, from limiting or prohibiting the discharge of firearms within the boundaries of the munic ipal corporation or county.
(e) Nothing in this Code section shall invalidate any ordinance or resolution of a county or municipality regulating the sale of firearms within such county or municipality if such ordinance or resolution was in effect prior to January I, 1922, and if such ordinance or resolution, as amended from time to time, has been in continuous effect since its origi nal enactment by the county or municipality. Any amendment to any such ordinance or resolution enacted at any time after the effective date of this Code section shall nullify and invalidate such ordinance or resolu tion, and thereafter it shall be null, void, and of no force or effect."
Section 2. It is the intention of the General Assembly that subsection (e) of quoted Code Section 36-60-11 of Section 1 of this Act is severable and, if said subsection (e) is declared unconstitutional for any reason, the General Assembly declares that said Code Section 36-60-11, without said subsection (e), should be continued in full force and effect.
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 Coleman of the 1st moved that the Senate adopt the Conference Commit tee report on HB 1373.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal

English Engram Fincher Garner Gillis Greene Harris Harrison Hill 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

WEDNESDAY, FEBRUARY 29, 1984

2669

Thompson Timmons

Trulock Turner

Tysinger Walker

Those voting in the negative were Senators Mine and Hudgins.

Those not voting were Senators:

Broun of 46th Coggin

Dawkins Dean

Foster McKenzie

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1373.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 454 by adding before the period at the end of line 4 of Page 2 the following:
"and the board".

Senator Howard of the 42nd moved that the Senate agree to the House amend ment to SB 454.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher
Garner Gillis Greene
Harris Harrison Hill

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Hine Holloway Horton
HH"uuodgwggaii.rnndss Kennedy Kidd Land

Lester McGill Peevy
P-P.he..rl,,lrlyl Ps Reddish Scott of 2nd Scott of 36th

Scott of 43rd Stumbaugh Tate
_TT,rhuol.mocp*k,son Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th Coggin

Foster McKenzie

Starr Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 454.
The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
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.
The Conference Committee report on HB 1073 was as follows:
The Committee of Conference on HB 1073 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1073 be adopted.
Respectfully submitted,

FOR THE SENATE:
/&/ Edward Hine, Jr. Senator, 52nd District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ James R. Walker Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cas M. Robinson Representative, 58th District
/s/ Billy Milford Representative, 13th District
/s/ Donald E. Cheeks Representative, 89th District

WEDNESDAY, FEBRUARY 29, 1984

2671

Conference Committee substitute to HB 1073:

A BILL
To be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passen gers generally, so as to change the provisions relating to the power of certain common carriers to limit liability; to authorize certain motor common carri ers of property to limit their liability through certain procedures; to provide that a carrier's lien shall attach to personal property of the debtor, other than consumer goods, which comes into the possession of the carrier; to pro vide an exception; 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. Chapter 9 of Title 46 of the Official Code of Georgia An notated, relating to transportation of freight and passengers generally, is amended by striking in its entirety Code Section 46-9-2, relating to power of common carrier to limit liability, and inserting in lieu thereof a new Code Section 46-9-2 to read as follows:
"46-9-2. A common carrier may not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold, provided that a common carrier may limit his liability by means of an express contract; provided, however, that a motor common carrier of household goods and office furnishings may require a shipper to declare a lump sum value for the shipment prior to loading or accept the per pound released value as provided in the terms of the bill of lading contract for the purpose of limiting its liability."
Section 2. Said chapter is further amended by striking in its entirety Code Section 46-9-191, relating to liens of carriers for freight charges, and inserting in lieu thereof a new Code Section 46-9-191 to read as follows:
"46-9-191. When a carrier has complied with his contract as to transportation, he shall have a lien on the goods for the freight charges and may retain possession until the lien is paid, unless this right is waived by special contract or actual delivery of the goods. If the goods are delivered, the carrier acquires a lien for the freight charges on and may until the lien is paid retain possession of other goods belonging to the debtor which come into the possession of the carrier. The immedi ately preceding sentence shall not apply to consumer goods which are used or bought for use for personal, family, or household purposes, except when a motor carrier of household goods and office furnishings may re tain possession of such goods."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Mine of the 52nd moved that the Senate adopt the Conference Committee report on HB 1073.

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 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 Horton Howard Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Lester
McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Brantley Coggin

Holloway McKenzie

Starr

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1073.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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2673

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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 following bills of the House were taken up for the purpose of considering the Conference Committee reports thereon:

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.

The Conference Committee report on HB 520 was as follows:
The Committee of Conference on HB 520 recommends that the Senate recede from its position and that the bill as passed by the House of Repre sentatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Max R. Brannon Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William G. Hasty, Sr. Representative, 8th District
/s/ J. C. Maddox Representative, 7th District
/s/ Walter E. Cox Representative, 141st District

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee report on HB 520.

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 Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hill Hine Howard Hudgins Kennedy Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coggin Harrison Holloway

Horton Huggins

McKenzie Starr

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 520.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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.

The Conference Committee report on the HB 946 was as follows:
The Committee of Conference on HB 946 recommends that both the Senate and the House of Representatives recede from their positions and

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2675

that the attached Committee of Conference Substitute to HB 946 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District
/s/ Donn M. Peevy Senator, 48th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck, III Representative, 95th District
/s/ Bobby Lawson Representative, 9th District
/s/ Jesse Copelan, Jr. Representative, 106th District

Conference Committee 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 change provisions relating to commissions of magistrates; to extend the date under which a probate judge may serve as chief magistrate by appointment of the superior court judges; to change certain qualifications of magistrates; to de lete certain exemptions from training requirements; to provide that appeals may be taken to the state court or to the superior court; to provide that when a counterclaim amount exceeds the jurisdictional limit, the case will be transferred to any court having jurisdiction; to change provisions relating to judgments of the magistrate court constituting liens; to change provisions regarding arrest and confinement for county ordinance violations; to make discretionary the imposition of costs against persons convicted of violations of county ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 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 15-10-3, relating to the oath and commis sions of magistrates, and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of superior court shall make an entry of the oath on the minutes of the superior court and the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission."
Section 2. Said chapter is further amended by striking in is entirety subsection (g) of Code Section 15-10-20, relating to the number and selec-

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tion of magistrates, and inserting in its place a new subsection (g) to read as follows:
"(g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate and provide for compensation of the probate judge in his capacity as chief magistrate; and in such a case the chief magistrate shall not be separately elected but shall be the probate judge. In the absence of local law, the judges of superior court may, with the consent of the probate judge, provide that the probate judge shall serve as chief magistrate until January 1, 1985, and provide for his compensation in such capacity. Notwithstanding sub section (d) of this Code section and in the absence of local law, the judges of superior court may provide that the probate judge shall be reappointed as chief magistrate until January 1, 1989, and, subject to general law, provide for his compensation in such capacity; provided such appointment shall be made before May 23, 1984, and shall be made with the consent of the probate judge in office on such date. Any compensa tion paid under this subsection shall be paid from county funds."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-22, relating to qualifications of magis trates, and inserting in its place a new subsection (a) to read as follows:
"(a) Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 25 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magistrate pursuant to Code Section 15-10-120 shall be eligible to the office of mag istrate without the necessity of meeting these qualifications. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-25, relating to training requirements for magistrates, and inserting in its place a new subsection (a) to read as follows:
"(a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter."
Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to availability of jury tri als and appeals in magistrate courts, and inserting in its place a new subsec tion (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 6. 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:

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2677

"(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 its place 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 7. Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to judgments of the magistrate courts con stituting liens, in its entirety and inserting in its place a new Code Section 15-10-47 to read as follows:
"15-10-47. Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and en forcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts."
Section 8. Said chapter is further amended by striking in its entirety Code Section 15-10-64, relating to execution and confinement, and inserting in its place a new Code Section 15-10-64 to read as follows:
"15-10-64. (a) Execution may issue immediately upon any fine im posed by the court and not immediately paid.
(b) The sheriff of the county shall receive and house all persons sen tenced to confinement for contempt or arrested or sentenced to confine ment for violation of county ordinances."
Section 9. Said chapter is further amended by striking in its entirety Code Section 15-10-81, relating to imposition of court costs in county ordi nance violation cases, and inserting in its place a new Code Section 15-1081 to read as follows:
"15-10-81. In cases of conviction of violation of county ordinances, costs of not more than $30.00 may be taxed against the defendant."
Section 10. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-10-137, relating to training requirements of certified magistrates, and inserting in its place a new subsection (c) to read as follows:
"(c) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional train ing per annum during each calendar year after the year of his initial certification in which he serves as a magistrate judge."

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Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee report on HB 946.

On the motion, 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 Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Those not voting were Senators:

Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Allgood Bowen Brannon

Kennedy (presiding) McKenzie

Starr Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 946.

WEDNESDAY, FEBRUARY 29, 1984

2679

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 346 was as follows:

A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospi tals, so as to change the provisions relating to the number of members 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 provide for state funding for medical education provided by certain desig nated teaching hospitals; 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 regulation and construction of hospitals, is amended by striking from Code Section 31-7-72, relating to the creation of hospital au thorities, subsection (a) thereof in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created in and for each county and municipal corpora tion of the state a public body corporate and politic to be known as the 'hospital authority' of such county or city, which shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of the county or municipal corporation of the area of operation for staggered terms as specified by resolution of the governing body. The number of members of any hospital authority as of March 1, 1984, may be increased by not more than two additional members by the adoption of a resolution of the members of the hospital authority, and such additional members shall be appointed through the same process used for filling vacancies which was in effect for such hospital authority on January 1, 1984. 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, consideration shall be given as to whether a licensed doctor of medicine or registered nurse currently serves on such authority. If no licensed doctor of medicine or registered nurse currently serves on such authority, then 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 transact any business or exercise any powers under this Code section until the governing body of the area of operation shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. Copies of a resolution so adopted and any resolution adopted by the governing body

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providing for filling vacancies in the membership of the authority or making any changes in membership shall be filed with the department."
Section 2. Said chapter is further amended by striking in its entirety Code Section 31-7-95 thereof, providing funding for medical education pro vided by hospital authorities, and inserting in its place a new Code section to read as follows:
"31-7-95. (a) As used in this Code section, the term:
(.1) 'Designated teaching hospital' means a teaching hospital oper ated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public.
(1) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association.
(2) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital.
(b) The General Assembly finds that the major hospital authorities and designated teaching hospitals in this state provide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians; this service is provided through residency programs offered by these teaching hospitals. By the provision of residency programs operated by state teaching hospi tals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsibility when the medical education and train ing are provided by teaching hospitals operated by hospital authorities or by designated teaching hospitals.
(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or desig nated teaching hospital, the Board of Regents of the University System of Georgia shall pay $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the board of regents. The board of regents is authorized to designate the Joint Advisory Board of Family Practice to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making pay ments to hospital authorities and designated teaching hospitals as pro vided herein.
(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the board of regents. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teach ing hospitals under subsection (c) of this Code section, the amount other-

WEDNESDAY, FEBRUARY 29, 1984

2681

wise payable thereunder shall be reduced pro rala in accordance with the funds actually appropriated for such purpose. The local government or governments responsible for the governance or the financial support of the hospital authority or authorities shall provide a certified audit to the board of regents by September 29, 1980, and on the same date yearly thereafter, which shows clearly the exact amount of local funds contrib uted to the authority during the most recent full fiscal year of operation of the authority or authorities. No funds provided for in this Code section shall be distributed to any hospital or hospital authority if the local gov ernment's contribution in any year hereafter falls below the previous year's contribution as shown in the certified audit. The board of regents shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. As used in this subsection, the term "local funds" means in kind or cash contributions. The provisions of this subsection requiring certified audits of local fund contributions and prohibiting reduction in such contributions shall not apply to any desig nated teaching hospital. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals.
(e) Nothing in this Code section shall be construed to amend, mod ify, supersede, or repeal Chapter 10 of Title 49."
Section 2A. Subsection (d) of Code Section 31-7-72 is amended by adding thereto the following:
"The appointment of the membership of authorities created pursu ant to or operating as provided in this subsection may be provided for by the General Assembly through local law."
Section 3. This Act shall become effective on January 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Barker of the 18th moved that the Senate disagree to the House substitute to SB 346.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 346.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

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The Conference Committee report on HB 256 was as follows:
The Committee of Conference on HB 256 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 256 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Nathan Deal Senator, 49th District
/s/ Horace E. Tate Senator, 38th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Louie M. Clark Representative, 13th District
/s/ Rudolph Johnson Representative, 72nd District
/s/ Terry Lawler Representative, 20th District

Conference Committee substitute to HB 256:

A BILL
To be entitled an Act to amend Code Section 47-3-21 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Teach ers Retirement System of Georgia, so as to designate the composition of the board of trustees; to provide the method of selection of the members of the board of trustees; to provide a beginning date for initial terms; to provide for a nominating committee and for its duties; to provide for other matters rela tive 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. Code Section 47-3-21 of the Official Code of Georgia An notated, relating to the Board of Trustees of the Teachers Retirement Sys tem of Georgia, is amended by striking subsection (a), which reads as follows:
"(a) There is created a board of trustees which shall consist of ten trustees as follows:
(1) The state auditor, ex officio;
(2) The Insurance Commissioner, ex officio;
(3) The executive secretary of the Georgia Association of Educators, ex officio, and the associate executive secretary of the Georgia Associa tion of Educators, ex officio;
(4) One member who is a school administrator or a school principal

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2683

and one member who is a classroom teacher and not a employee of the Board of Regents of the University System of Georgia. Such members shall be elected for a term of three years each by the assembly of the Georgia Association of Educators in accordance with such rules as the board of trustees shall adopt to govern such election, provided that the first two such members shall be appointed by the State Board of Educa tion, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946;
(5) One member who is an employee of the Board of Regents of the University System of Georgia and who shall be appointed by that board for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the board of regents;
(6) One member to be appointed by the Governor for a term of three years beginning June 30, 1965. Successors to such member shall likewise be appointed for terms of three years;
(7) One member who is a retired school teacher and who shall be elected by the Georgia Retired Teachers Association in the manner to be provided by rules and regulations of the board of trustees to govern such election. The first such member shall be elected to take office on July 1, 1975, for a term of three years. Successors to such member shall also serve for terms of three years;
(8) The tenth trustee shall be a citizen of this state, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining nine trustees for a term of four years, provided that the first such term shall expire June 30, 1947.",
in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created a board of trustees which shall consist of ten trustees as follows:
(1) The state auditor, ex officio;
(2) The Commissioner of Insurance, ex officio;
(3) The Director of the Fiscal Division of the Department of Ad ministrative Services, ex officio;
(4) One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and not a em ployee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984. In making the ap pointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section;
(5) One member who shall be an active member of the Teachers Retirement System of Georgia who is a school administrator and not an

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employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1986. In making the ap pointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section. The trustee occupying the 'school administrator' position on the board of trustees on July 1, 1984, and a prior appoint ment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1986;
(6) One member who shall be an active member of the Teachers Retirement System of Georgia who is not an employee of the Board of Regents of the University System of Georgia. Such member shall be ap pointed by the Governor for a term of three years with the initial term beginning July 1, 1985. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nomi nating committee provided for by subsection (g) of this Code section. Prior to July 1, 1984, the trustees holding office under immediately pre ceding law and prior appointments by the Governor shall elect a person to occupy this position on the board of trustees from July 1, 1984, until July 1, 1985;
(7) One member who shall be an active member of the Teachers Retirement System of Georgia who is an employee of the Board of Re gents of the University System of Georgia and who shall be appointed by the Board of Regents for a term of three years with the initial term be ginning July 1, 1985. The trustee occupying the 'employee of the Board of Regents' position on the board of trustees on July 1, 1984, and a prior appointment by the Board of Regents shall continue to serve in this posi tion from July 1, 1984, until July 1, 1985;
(8) One member to be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984;
(9) One member who has retired under the Teachers Retirement System of Georgia and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1985. The trustee occupying the 'retired teacher' position on the board of trustees on July 1, 1984, and a prior appointment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1985; and
(10) The tenth trustee shall be a citizen of Georgia, not a member of the Teachers Retirement System of Georgia, who shall be experienced in the investment of moneys and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1984."
Section 2. Said Code section is further amended by striking subsec tion (e) in its entirety and substituting in lieu thereof three new subsections to be designated subsections (e), (0, and (g) to read as follows:
"(e) Six trustees at any meeting of the board of trustees shall consti tute a quorum to transact business. Each trustee shall be entitled to one vote. Five votes shall be necessary for a decision by the board of trustees.

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2685

(f) With respect to the selection of all trustees under the provisions of subsection (a) of this Code section, the Governor, the board of trust ees, the Board of Regents of the University System of Georgia, and the nominating committee provided for by subsection (g) of this Code section shall give due consideration to minority groups included within the teach ing profession.
(g) (1) The Teachers Retirement System Nominating Committee is created and such committee shall be composed of five members. Two members shall be from the Georgia Association of Educators, each of whom shall be selected from different geographical areas of the state; one member shall be from the Georgia Federation of Teachers; one member shall be from the Professional Association of Georgia Educators; and one member from the Georgia Association of Educational Leaders. The members of each respective organization shall elect its respective mem ber or members of the nominating committee by May 1, 1984. The mem bers of the nominating committee shall serve for terms of three years and their successors shall be selected in the same manner as the original members. Any vacancy shall be filled for the unexpired term by the members of the educational organization which elected the member wherein the vacancy exists.
(2) The nominating committee shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section as a member of the board. In making appointments pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section, the Governor may consider the names submitted by the nominating committee, but it is spe cifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any ap pointee from names submitted by the nominating committee.
(3) The members of the nominating committee shall serve without compensation. Such members may be reimbursed for travel or other ex penses incurred in attending meetings of the nominating committee from the funds of their respective employers or educational organizations but not from the funds of the Teachers Retirement System of Georgia."
Section 3. For the purpose of the creation of the nominating commit tee provided for in quoted subsection (g) of Section 2 of this Act, for the purpose of the submission of names to the Governor by said nominating committee, and for the purpose of making appointments to the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. For the purposes of the composition of the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective on July 1, 1984.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 256.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Fincher Foster Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Lester McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coggin Coleman

Garner Gillis Hill

Horton Kennedy (presiding) Scott of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 256.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

WEDNESDAY, FEBRUARY 29, 1984

2687

Senator Peevy of the 48th moved that the Senate adhere to its disagreement to the House substitute to SB 457 and that a Conference Committee be appointed.

On the motion, 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 Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins English

Fincher Foster Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land tester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brantley
Deal Dean

Engram Garner Gillis Hill Howard

Kennedy (presiding) Scott of 36th Scott of 43rd Timmons

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 457. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Peevy of the 48th, Dawkins of the 45th and Deal of the 49th.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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-

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stances under which administrators and executors shall be required to give bond.

Senator Peevy of the 48th moved that the Senate adhere to the Senate substitute to HB 1011 and that a Conference Committee be appointed.

On the motion, 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:

Barker
Bond
Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Covcrdell Dawkins Deal

Fincher Foster Gillis Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kidd Land Lester

McGill McKenzie Peevy Perry Reddish Scott of 2nd Starr Stumbaugh Tale Thompson
Timmons
Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Bowen Dean English

Engram Garner Greene Holloway Kennedy (presiding)

Phillips Scott of 36th Scott of 43rd Trulock

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1011.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Pcevy of the 48th, Dawkins of the 45th and Greene of the 26th.

WEDNESDAY, FEBRUARY 29, 1984

2689

The following bill of the House, having been read the third time and passed on February 27, and reconsidered on February 27, was put upon its passage:

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.
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 12, 1984

SUBJECT: House Bill 975 Substitute (LC 3 1873S) Peace Officers' Annuity and Benefit Fund

This Bill would change the composition of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The Governor, the Attor ney General, and the Insurance Commissioner would be allowed to appoint a designee. The three remaining members would be persons appointed by the Governor rather than persons holding specific positions which are desig nated by current law. They would be members of the Fund and would be active or retired peace officers of a state agency, a county, and a municipal ity, respectively. The Bill also provides for dates the new members would take office and for the appointment of successors. The executive committee of the Peace Officers' Association of Georgia would be authorized to submit a list of names for the Governor's consideration in making appointments to the Board of Commissioners.

This is to certify that this is a non-fiscal retirement bill to the pension system.

/s/ W. M. Nixon State Auditor

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Senator Trulock of the 10th offered the following amendment:

Amend HB 975 as follows:
By striking from line 3 on Page 4 the words "Each of the" and by striking all language appearing in lines 4 through 9 on Page 4 and inserting in lieu thereof the following:
"The members of the board shall receive the same expense allow ance as that received by members of the General Assembly and the same mileage allowance for the use of a personal automobile as that received by other state officials or employees or a travel allowance of actual trans portation costs if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registra tion fee incurred in the performance of the member's duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal automobile as that received by other state officials and employees or a travel allow ance of actual transportion costs if traveling by public carrier or by rental motor vehicle. The board, by regulation, shall provide for the sub mission and approval of expense vouchers in conformity with the require ments of this subsection."
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 Paul Trulock

State Senator

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 29, 1984

SUBJECT: Fiscal Note--House Bill 975 Amended Substitute (LC 3 1873S) (AM 3 0108) Peace Officers' Annuity and Benefit Fund

This Bill would change the composition of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The Governor, the Attor ney General, and the Insurance Commissioner would each be allowed to appoint a designee. The three remaining members would be persons ap pointed by the Governor rather than persons holding specific positions which are designated by current law. They would be members of the Fund and would be active or retired peace officers of a state agency, a county, and a municipality, respectively. The Bill also provides for dates the new members would take office and for the appointment of successors. The executive com mittee of the Peace Officers' Association of Georgia would be authorized to

WEDNESDAY, FEBRUARY 29, 1984

2691

submit a list of names for the Governor's consideration in making appoint ments to the Board of Commissioners. The Bill also changes the provisions relative to expense allowances for members while attending meetings or for service as a board member outside the state.

Changing the composition of the board would not have a fiscal impact. Changing the payment of expense allowances would not have a significant fiscal impact. The three peace officers who are members of the board would receive the same per diem received by members of the General Assembly (currently $59) plus mileage; under current law they receive $25 per meet ing plus actual expenses and a mileage allowance. Any cost of this Bill would be the difference between $34 ($59-$25) and the cost of actual ex penses, which cannot be determined. The Bill's provisions affecting payment for out-of-state travel would have no fiscal impact as actual expenses plus mileage would remain the same in this Bill as is currently provided.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton 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 Phillips 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:

Cobb Garner

Hudgins

Starr

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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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 the 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.
Senate Sponsor: Senator Barnes of the 33rd.
Senator Land of the 16th offered the following substitute to HB 1230:
A BILL
To be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that no per son shall be exempt from jury duty except as the judge may provide; to change the number of peremptory challenges to jurors and alternative jurors which the defendant and the state may exercise; to change the grounds for challenges for cause; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 15 of the Official Code of Georgia An notated, relating to juries, is amended by striking in their entirety Code Sec tions 15-12-1 and 15-12-1.1, which read as follows:
"15-12-1. (a) The following persons are exempt from all jury duty, civil or criminal; the name of any such person shall not be included or continued in the jury box unless the person makes a request therefor in writing to the board of jury commissioners or its clerk:
(1) Police and other law enforcement officers employed or appointed on a full-time basis but not part-time or honorary peace officers;
(2) Officers and personnel of any court employed or appointed on a full-time basis, including attorneys at law who are active members of the State Bar of Georgia and are regularly engaged in the practice of law in this state;

WEDNESDAY, FEBRUARY 29, 1984

2693

(3) Officers, firemen, and other personnel of any fire department who are employed or appointed on a full-time basis and those members of a volunteer fire department who are certified to the board of jury com missioners by the administrative head thereof as indispensable to the ef fective operation of such department;
(4) Physicians, surgeons, medical interns, and medical technicians actively engaged as such and other personnel of a hospital who are certi fied to the board of jury commissioners by the administrative head thereof as indispensable to the effective operation of such hospital; and
(5) Dentists and pharmacists, duly licensed, who are actively en gaged in the practice of their profession.
(b) Any other person who shows that he will be engaged during his term of required service in work necessary to the public health, safety, or good order or that she is a housewife with children 14 years of age or younger may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next suc ceeding term or shall be deferred as set forth in the court order.
(c) The exemption under this Code section shall not apply to attor neys at law or physicians summoned to serve on commissions or juries pursuant to any of the provisions of Title 37.
(d) Any teacher or principal of this state who does not desire to serve upon juries shall notify the jury commissioners of the county in which he resides in writing to that effect; thereupon the jury commission ers shall not place the name of the teacher or principal in the jury box for the county.
(e) Any person who is 65 years of age or older who desires to serve upon juries shall notify the jury commissioners of the county in which the person resides in writing to that effect, and thereupon the jury commis sioners shall place the name of the person in the jury box for the county.
15-12-1.1. (a) In any county for which a plan for the selection of jurors by electronic or mechanical means has been established pursuant to Code Section 15-12-42, the chief judge of the superior court of the county may by rule direct that this Code section shall apply to the county in lieu of subsections (a), (d), and (e) of Code Section 15-12-1.
(b) The names of the following persons shall remain on the jury list, provided that they may exempt themselves from all civil or criminal jury duty upon written request to the clerk of the court:
(1) Police and other law enforcement officers employed or appointed on a full-time basis, but not part-time or honorary peace officers;
(2) Officers and personnel of any court employed or appointed on a

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full-time basis, including attorneys at law who are active members of the State Bar of Georgia and who are regularly engaged in the practice of law in this state;
(3) Officers, firemen, and other personnel of any fire department who are employed or appointed on a full-time basis, except that the ex emption under this Code section shall also apply to those members of a volunteer fire department who are certified to the board of jury commis sioners by the administrative head of the volunteer fire department as indispensable to the effective operation of the department;
(4) Physicians, surgeons, medical interns, and medical technicians actively engaged as such, except that the exemption under this Code sec tion shall also apply to other personnel of a hospital who are certified to the board of jury commissioners by the administrative head of the hospi tal as indispensable to the effective operation of the hospital;
(5) Dentists and pharmacists who are duly licensed and who are ac tively engaged in the practice of their profession;
(6) Teachers and principals; and
(7) Persons 65 years of age or older.
(c) Each summons to jury duty shall contain or be accompanied by a notice setting out the provisions of subsection (b) of this Code section.",
and inserting in lieu thereof the following:
"15-12-1. Upon a showing of good cause by any person, to the satis faction of and within the discretion of the trial judge, that service on the jury, whether criminal or civil, would work an undue hardship, the trial judge may excuse that person from service for the term."
Section 2. Said chapter is further amended by striking in its entirety Code Section 15-12-125, relating to selection of certain juries, and inserting in lieu thereof a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in the superior court, the district attorney and the accused may select either panel of 12 of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 24 jurors in attendance, of which the accused and the state shall each have the right to challenge six peremptorily. The remaining 12 shall constitute the jury."
Section 3. Said chapter is further amended by striking in its entirety Code Section 15-12-163, relating to challenges for cause, and inserting in lieu thereof a new Code Section 15-12-163 to read as follows:
"15-12-163. (a) When each juror is called, he shall be presented to the accused in such a manner that he can be distinctly seen.
(b) The state or the accused may make any of the following objec tions to the juror:

WEDNESDAY, FEBRUARY 29, 1984

2695

(1) That he is not a citizen, resident in the county;
(2) That he is under 18 years of age;
(3) That he is incompetent to serve as a juror because of mental illness or mental retardation, or that he is intoxicated;
(4) That he is related within the sixth degree by consanguinity or affinity to the defendant, to the victim of the crime charged, to any pro spective witness at the trial, or to counsel for the state or the defendant;
(5) That he is or was a party adverse to the defendant, the victim, a prospective witness, or counsel for the state or the defendant in a civil action, has complained against or been accused by any such person in a criminal action, or bears some other relationship to any such person of such a nature that it is likely to preclude him from rendering an impar tial verdict; or
(6) That he was a witness at the preliminary hearing or before the grand jury or is likely to be a witness at the trial.
(c) It shall be the duty of the court to hear immediately such evi dence as is submitted in relation to the truth of these objections; the juror shall be a competent witness for this purpose. If the judge is satisfied of the truth of any objection, the juror shall be set aside for cause."
Section 4. Said chapter is further amended by striking in its entirety Code Section 15-12-165, relating to peremptory challenges, and inserting in lieu thereof a new Code Section 15-12-165 to read as follows:
"15-12-165. Every person indicted for a crime or offense which may subject him to death or to imprisonment for not less than one year may peremptorily challenge 10 of the jurors impaneled to try him. The state shall be allowed the same number of peremptory challenges allowed to the accused."
Section 5. Said chapter is further amended by striking in its entirety Code Section 15-12-169, relating to alternative jurors, and inserting in lieu thereof a new Code Section 15-12-169 to read as follows:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and chal lenges. The state shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to the same number of peremptory challenges to alternate jurors as the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory chal lenges to alternate jurors as there are alternate jurors called."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

2696

JOURNAL OF THE SENATE

Senator Land of the 16th asked unanimous consent to withdraw the substitute, and the consent was granted.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood 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 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 Stumbaugh
T1 nAtf1*C
Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Harris

Kennedy (presiding)

Starr

On the passage of the bill, the yeas were 53, 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:

WEDNESDAY, FEBRUARY 29, 1984

2697

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House:

Representatives Thomas of the 69th, Pettit of the 19th and Martin of the 26th.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

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.
Senate Sponsor: Senator Burton of the 5th.

The Senate Committee on Judiciary offered the following substitute to HR 471:

A RESOLUTION
Urging the United States Congress to undertake needed reforms in practices and procedures relative to unified appeals in criminal cases in fed eral courts; and for other purposes.

2698

JOURNAL OF THE SENATE

WHEREAS, the citizens of the State of Georgia and of the United States are deeply concerned about the rate and incidence of crime; and
WHEREAS, it has been repeatedly demonstrated that persons con victed of criminal offenses may challenge their convictions through numer ous channels; and
WHEREAS, challenges to convictions for capital felonies committed in Georgia over ten years ago are still being carried through the federal courts; and
WHEREAS, if punishment is ever to be an effective deterrent to crime, such punishment must be relatively swift and sure.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body urges the Congress of the United States to take all appropriate actions to adopt a system of unified appeals procedures in the federal courts.
BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the United States Senate and House of Repre sentatives from the State of Georgia.

On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Bryant Burton Cobb Coggin Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Harrison Hill Hine Horton Hudgins Huggins Kidd Lester McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Brown of 47th Coleman Foster
Garner

Greene Harris Holloway Howard
Kennedy (presiding)

Land Scott of 36th Starr Stumbaugh

WEDNESDAY, FEBRUARY 29, 1984

2699

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 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 Brantley Bryant Burton Cobb Coggin Coverdell Deal Dean English

Engram Foster Garner Gillis Harrison Hill Mine Horton Hudgins Huggins Kidd Land Lester

McGill Perry Reddish Scott of 2nd Scott of 43rd Stumbaugh Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Bond Brannon Broun of 46th Brown of 47th Coleman Fincher

Greene
Harris Holloway Howard Kennedy (presiding)

McKenzie
Phillips Scott of 36th Starr Tate

On the adoption of the resolution, the yeas were 38, nays 2.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

2700

JOURNAL OF THE SENATE

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 502 by striking from line 17 of Page 1 the amount '$18,000.00" and inserting in lieu thereof the following:
"$15,000.00".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 502.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 502.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 635. By Representatives Lucas of the 102nd, Marcus of the 26th, Randall of the IOlst 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.
Senate Sponsor: Senator Scott of the 2nd.

WEDNESDAY, FEBRUARY 29, 1984

2701

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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 8, 1984

SUBJECT: Fiscal Note--House Bill 635 Committee Substitute (LC 14 3513S) Income Tax Credits--Payments to Minority Subcontractors

The substitute version of this Bill would allow corporations, partner ships, or individuals to reduce their federal taxable income or federal ad justed gross income, as used in computing Georgia taxable net income, by 10% of the amount of qualified payments to minority subcontractors. The total amount of qualified payments for which a taxpayer may make this adjustment would be $100,000 of qualified payments per taxable year. Qual ified payments would be those made to a minority subcontractor for goods, property, or services furnished to the taxpayer in furtherance of a state con tract to which the taxpayer is a party. The deduction would be allowed only in the taxable year in which payment was made to the subcontractor and would be allowed only for payments to minority subcontractors who are cer tified as such, at the time of payment, by the Commissioner of Administra tive Services. The Commissioner of Administrative Services would be re quired to certify individuals, partnerships, and corporations as minority subcontractors and would be required to maintain a list of such subcontrac tors and make the list available to the department and the general public. The Bill specifically defines 'member of a minority', 'minority subcontrac tor', and 'state contract'. This tax credit would be effective for taxable years beginning on or after January 1, 1985.

The Department of Revenue has estimated that this substitute version of this Bill would cost the state approximately $144,000 in lost revenue. Prior fiscal notes regarding HB 635 have been revised to reflect updated cost information. The Department of Administrative Services has estimated that the cost of the certification function required by this substitute version would be approximately $60,000 to $70,000 for salaries, fringe benefits, and supplies.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

2702

JOURNAL OF THE SENATE

The Senate Committee on Banking and Finance offered the following substitute to HB 635:

A BILL
To be entitled an Act 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 that Georgia taxable net in come of corporations, partnerships, and individuals shall not include a cer tain portion of payments made to certain minority subcontractors by taxpay ers who are parties to state contracts; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding at the end of subsection (b) of Code Section 48-7-21, relating to Georgia taxable net income of corporations, a new para graph (12) to read as follows:
"(12) There shall be subtracted from taxable income a portion of qualified payments to minority subcontractors, as provided in Code Sec tion 48-7-38."
Section 2. Said article is further amended by replacing the period at the end of paragraph (5) of subsection (a) of Code Section 48-7-27, relating to Georgia taxable net income of individuals, with a semicolon and by ad ding thereafter a new paragraph (6) of subsection (a) to read as follows:
"(6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38."
Section 3. Said article is further amended by adding a new Code Sec tion 48-7-38 to read as follows:
"48-7-38. (a) As used in this Code section, the term:
(1) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state.
(2) 'Minority subcontractor' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business;
(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their per sonal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or
(C) A corporation organized under the laws of this state in which a

WEDNESDAY, FEBRUARY 29, 1984

2703

majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation.
(3) 'State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing.
(b) In computing Georgia taxable net income of a corporation, part nership, or individual, there shall be subtracted from federal taxable in come or federal adjusted gross income 10 percent of the amount of quali fied payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if:
(1) The payment is for goods, personal property, or services fur nished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer;
(2) The payment is made during the taxable year for which the sub traction from federal taxable income or federal adjusted gross income is claimed; and
(3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section.
(c) The total amount which may be subtracted under this Code sec tion from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year.
(d) The commissioner of administrative services shall certify individ uals, partnerships, and corporations which are within the definition of the term 'minority subcontractor' specified in subsection (a) of this Code sec tion. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcon tractors and shall make such list available to the department and to the general public."
Section 4. This Act shall become effective January 1, 1985, and shall apply to taxable years beginning on or after January 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

2704

JOURNAL OF THE SENATE

Senators Lester of Ihe 23rd, Engram of the 34th and Horton of the 17th offered the following substitute to HB 635:
A BILL
To be entitled an Act 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 that Georgia taxable net in come of corporations, partnerships, and individuals shall not include a cer tain portion of payments made to certain minority subcontractors by taxpay ers who are parties to state contracts; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding at the end of subsection (b) of Code Section 48-7-21, relating to Georgia taxable net income of corporations, a new para graph (12) to read as follows:
"(12) There shall be subtracted from taxable income a portion of qualified payments to minority subcontractors, as provided in Code Sec tion 48-7-38."
Section 2. Said article is further amended by replacing the period at the end of paragraph (5) of subsection (a) of Code Section 48-7-27, relating to Georgia taxable net income of individuals, with a semicolon and by ad ding thereafter a new paragraph (6) of subsection (a) to read as follows:
"(6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38."
Section 3. Said article is further amended by adding a new Code Sec tion 48-7-38 to read as follows:
"48-7-38. (a) As used in this Code section, the term:
(1) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state or a woman regardless of race or ethnicity.
(2) 'Minority subcontractor' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business;
(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their per sonal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or
(C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax

WEDNESDAY, FEBRUARY 29, 1984

2705

purposes more than 50 percent of the distributed earnings of the corporation.
(3) 'State contract' means a contract for the purchase by the state of goods, property, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or agent of any of the foregoing.
(b) In computing Georgia taxable net income of a corporation, part nership, or individual, there shall be subtracted from federal taxable in come or federal adjusted gross income 10 percent of the amount of quali fied payments to minority subcontractors. A payment to a minority subcontractor shall be a qualified payment if:
(1) The payment is for goods, personal property, or services fur nished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the state in furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer;
(2) The payment is made during the taxable year for which the sub traction from federal taxable income or federal adjusted gross income is claimed; and
(3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section.
(c) The total amount which may be subtracted under this Code sec tion from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year.
(d) The commissioner of administrative services shall certify individ uals, partnerships, and corporations which are within the definition of the term 'minority subcontractor' specified in subsection (a) of this Code sec tion. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcon tractors and shall make such list available to the department and to the general public."
Section 4. This Act shall become effective January 1, 1985, and shall apply to taxable years beginning on or after January 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

2706

JOURNAL OF THE SENATE

The following fiscal note was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Banking and Finance Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 27, 1984

SUBJECT: Fiscal Note--House Bill 635 Substitute (LC 4 4498S) Income Tax Deductions--Payments to Minority Subcontractors

The substitute version of this Bill would allow domestic corporations, partnerships, or individuals to reduce their federal taxable income or federal adjusted gross income, as used in computing Georgia taxable net income, by 10% of the amount of qualified payments to minority subcontractors. The total amount of qualified payments for which a taxpayer may make this adjustment would be $100,000 of qualified payments per taxable year. Qual ified payments would be those made to a minority subcontractor for goods, property, or services furnished to the taxpayer in furtherance of a state con tract to which the taxpayer is a party. The deduction would be allowed only in the taxable year in which payment was made to the subcontractor and would be allowed only for payments to minority subcontractors who are cer tified as such, at the time of payment, by the Commissioner of Administra tive Services. The Commissioner of Administrative Services would be re quired to certify individuals, partnerships, and corporations as minority subcontractors and would be required to maintain a list of such subcontrac tors and make the list available to the department and the general public. The Bill specifically defines 'member of a minority', 'minority subcontrac tor', and 'state contract'. This tax credit would be effective for taxable years beginning on or after January 1, 1985.

The Department of Revenue has estimated that this substitute version of this Bill would cost the state a minimum of $144,000 in lost revenue. This cost does not include the cost of deductions for female subcontractors. This version of the Bill includes women within the definition of 'member of a minority'. Women are generally not identified in statistics and data dealing with contract information and therefore there is no base information for making estimates. The Department of Administrative Services has esti mated that the cost of the certification function required by this substitute

WEDNESDAY, FEBRUARY 29, 1984

2707

version would be approximately $60,000 to $70,000 for salaries, fringe bene fits, and supplies.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute to HB 635 offered by the Senate Committee on Banking and Finance, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brown of 47th Bryant Coleman Coverdell Deal Dean English Fincher

Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Kidd Land McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those voting in the negative were Senators:

Brantley Broun of 46th Burton
Coggin Dawkins

Engram Foster Garner Horton Huggins

Lester Starr Timmons Tysinger

Those not voting were Senators:

Brannon Cobb

Kennedy (presiding)

Reddish

On the adoption of the substitute, the yeas were 38, nays 14, and the committee substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that since the substitute offered by the Senate Committee on Banking and Finance was adopted, the substitute offered by Senators Lester of the 23rd, Engram of the 34th and Horton of the 17th became moot.

2708

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coggin Coverdell Deal Dean English

Fincher Foster Gillis
Greene Harris Hill
Hine Holloway Horton
Howard Hudgins
Huggins Kidd
Land Lester

McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Burton Dawkins Engram

Garner Harrison
Peevy

Starr Tysinger

Those not voting were Senators:

Brannon

Coleman

Kennedy (presiding)

On the passage of the bill the yeas were 45, nays 8.

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 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,

WEDNESDAY, FEBRUARY 29, 1984

2709

so as to change the provisions relating to the width of vehicles allowed on roads, streets, and highways.

The House substitute to SB 352 was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to size, 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; to establish certain weight limitations for vehicles using the public roads of this state; to provide defini tions; to provide wheel and axle load limitations for vehicles using the public roads of this state; to provide for the use of certain formulas for determining these weight limitations in certain situations; to provide weight limitations on national highways; to provide weight limitations on nonnational high ways; to provide exceptions to weight limitations; to authorize agreements with the United States Secretary of Transportation; to provide that certain exemptions be included in such agreements; to provide a method for com puting overweight conditions in certain situations; to provide for other mat ters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking Code Section 32-6-23, relating to the width of vehi cles and loads, in its entirety and inserting in lieu thereof a new Code Sec tion 32-6-23 to read as follows:
"32-6-23. Unless otherwise provided in this Code section or ex empted in Code Section 32-6-25 or so authorized by a permit issued pur suant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 96 inches, not including mirrors and accessories attached thereto. Buses which do not exceed a width of 102 inches, exclusive of mirrors and accessories attached thereto, may be operated on any street, road, or highway. Vehicles, excluding buses, with a total outside width, including any load thereon, that do not exceed 102 inches, exclusive of mirrors and accessories attached thereto, shall be al lowed to operate:
(1) Upon all fully limited access highways designed to National Sys tem of Interstate and Defense Highways standards;
(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
(3) Upon any additional road, street, or highway on the State High-

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JOURNAL OF THE SENATE

way System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 97-369 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized."
Section 2. Said article is further amended by striking in its entirety Code Section 32-6-26, which reads as follows:
"32-6-26. (a) (1) Except when so authorized by a permit issued pur suant to Code Section 32-6-28, no wheel on any vehicle operated upon any public road of this state equipped with high pressure pneumatic, solid rubber, or cushion tires shall carry a load which exceeds 8,000 pounds by more than 13 percent or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. Without regard to any other limitation in this Code section for tandem axle loads, any vehicle or combination of vehicles that is over 55 feet in length shall be limited to a maximum of 34,000 pounds for each set of tandem axles, except that the 34,000 pound tandem axle limitation shall not apply to the exceptions contained in paragraph (2) of subsection (b) of Code Section 32-6-24. If the driver of any vehicle can comply with the requirements of this Code section by shifting the load and does so when requested by the proper authority, the driver shall not be held to be operating in violation of this Code section.
(2) (A) Notwithstanding paragraph (1) of this subsection, the maxi mum total gross weight of any vehicle and load shall not exceed 80,000 pounds and a tandem axle weight of 34,000 pounds, provided the overall gross weight in pounds on a group of two or more consecutive axles shall be as determined by the following formula; however, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means, shall not be counted, except that axles utilized by vehicles which were manufactured prior to July 1, 1978, as an individual or additional axle when determining gross weights authorized by the formula:

W = 500 ---- + 12 N + 36

[N-l

J

Where W = overall gross weight on any group of two or more consecu tive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration; except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; provided, further, that the maximum gross weight to be allowed on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds shall be 40,680 pounds, except that for vehicles and combinations of vehicles ex ceeding 55 feet in length the tandem weight shall be limited to 34,000 pounds; provided, further, that the maximum gross weight to be allowed

WEDNESDAY, FEBRUARY 29, 1984

2711

on a tandem axle shall be 34,000 pounds for a vehicle or combination of vehicles carrying a gross weight of more than 73,280 pounds. For deter mining gross weights on a tandem axle, a tandem axle shall be defined as two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
(B) Subject to the provisions of this article, the department is au thorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 1 27 of Title 23 of the United States Code relating to the control of vehicle weight and width limitations. The department is authorized to take action in the name of the state to comply with the terms of such agreement and to promulgate such rules and regulations necessary to ensure the depart ment's compliance with federal laws and for the issuing of the special permit under this subsection. The department is authorized to reach an agreement with the United States Secretary of Transportation, pursuant to the above and may include in such agreement that any vehicles which were registered with the Department of Revenue prior to April 1, 1983, may be exempt from application of the formula for purposes of determin ing maximum allowable gross weight or combination of axle weights by axle grouping under the formula, and shall be allowed the use as an indi vidual or additional axle, when determining total gross weights, any axle which can be raised or lowered, with respect to the horizontal plane of the vehicle, either mechanically, hydraulically, by air pressure, or by any other means, provided the total gross weight of such vehicle or combina tion of vehicles does not exceed 73,280 pounds and such vehicle or com bination of vehicles complies with the provisions of paragraph (1) of this subsection; provided, further, that such vehicle or combination of vehicles shall be required to obtain a special permit from the department, which shall be nontransferable, for identification purposes and that such exemp tion shall terminate on April 1, 1986.
(3) On a public road of a county road system, the maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road.
(4) Notwithstanding paragraphs (1) through (3) of this subsection, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the gross weight of the vehicle and its load.
(b) The weight limitations in this Code section, except the limitation of paragraph (4) of subsection (a) of this Code section, may be exceeded without a permit when operated or moved on a public road other than one which is part of the National System of Interstate and Defense Highways by a motor vehicle or combination of vehicles whose axle load does not exceed 23,000 pounds and whose gross weight does not exceed 75,000 pounds, when:
(1) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county;

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(2) Hauling live poultry from a farm to a processing plant located in the same county or an adjoining county;
(3) Hauling feed from a feed mill to a farm located in the same county or an adjoining county; or
(4) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same county or an adjoining county.
Such vehicles or combination thereof using the public roads at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle.",
and inserting in lieu thereof a new Code Section 32-6-26 to read as follows:
"32-6-26. (a) As used in this Code section, the term:
(1) 'Federal bridge formula' means:
[--NLN---l + 12 N + 36
Where W = the overall gross weight on any group of two or more con secutive axles to the nearest 500 pounds, L = the distance in feet be tween the extreme of any group of two or more consecutive axles, and N = the number of axles in the group under consideration.
(2) 'Lift axle' means any axle on any vehicle manufactured after July 1, 1978, which axle may be raised or lowered with respect to the horizontal plane of the vehicle.
(3) 'National highway' means any highway which constitutes a part of the National System of Interstate and Defense Highways as used in Section 127 of Title 23 of the United States Code.
(4) 'Single axle' means all the wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart.
(5) 'State bridge formula' means:
[--NLN---! + 12 N + 36
Where W = the maximum allowable gross weight of the vehicle or com bination of vehicles to the nearest 500 pounds, L = the distance in feet between the first and last axles of the vehicle or combination of vehicles, and N = the number of axles on the vehicle or combination of vehicles.
(6) Tandem axle' means until April 1, 1988, two or more consecu tive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel verti cal planes spaced more than 40 inches apart but not more than 96 inches apart.

WEDNESDAY, FEBRUARY 29, 1984

2713

(7) Tandem axle' means, after April 1, 1988, two or more consecu tive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel verti cal planes spaced more than 40 inches apart but not more than 216 in ches apart.
(b) Except when authorized by a permit issued pursuant to Code Section 32-6-28 and except as otherwise provided in this Code section:
(1) No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 8,000 pounds by more than 13 percent or a load on any single axle which exceeds 16,000 pounds by more than 13 percent; and
(2) No vehicle equipped with low pressure pneumatic tires and oper ated upon any public road of this state shall carry a load on any wheel which exceeds 9,000 pounds by more than 13 percent or a load on any single axle which exceeds 18,000 pounds by more than 13 percent.
(c) (1) (A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided in paragraph (2) of this subsection, the maxi mum load on any tandem axle shall be 37,340 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maxi mum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
(B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight au thorized for the vehicle and load shall be determined by applying the state bridge formula.
(C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds.
(2) For vehicles and combinations of vehicles exceeding 55 feet in length, the maximum load on any tandem axle shall not exceed 34,000 pounds. Until April 1, 1988, for vehicles and combinations of vehicles not exceeding 55 feet in length with an actual total gross weight of less than 73,280 pounds, the maximum load on any tandem axle shall be 40,680.
(3) After April 1, 1988, no lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load.
(d) (1) (A) On all highways within this state which are national highways, except as provided in paragraph (2) of this subsection, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; and, except as provided in subparagraph (B) of this paragraph, the maximum overall gross weight in pounds on a group of two or more consecutive axles shall

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be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle when determining the maximum overall gross weight.
(B) Notwithstanding the provisions of subparagraph (A) of this par agraph, the maximum load authorized on any tandem axle shall be 34,000 pounds, and any two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; however, except for vehicles and combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds shall be 40,680 pounds.
(2) (A) Any vehicle registered with the Department of Revenue prior to April 1, 1983, shall be exempt from the provisions of paragraph (1) until April 1, 1988, upon obtaining a special permit from the depart ment or upon being otherwise exempt under an agreement entered into pursuant to the provisions of subsection (e) of this Code section. This permit shall be issued for identification purposes, shall be nontransferable, and shall be terminated on April 1, 1988. For vehicles operating on highways within this state which are national highways under a permit issued under this paragraph, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided in subparagraph (B) of this para graph, the maximum load on any tandem axle shall be 40,680 pounds; and, except as provided in subparagraph (C) of this paragraph, the maxi mum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
(B) For vehicles or combinations of vehicles carrying a gross weight of more than 73,280 pounds or for vehicles or combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle shall be 34,000 pounds.
(C) For vehicles or combinations of vehicles carrying a gross weight of more than 73,280 pounds, the maximum total gross weight authorized for any vehicle and load shall be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle.
(3) If at any time federal law authorizes any weight greater than that authorized by this subsection, such greater weight under federal law shall be authorized on the national highways within this state.
(e) (1) Subject to the provisions of this article, the department shall be authorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 127 of Title 23 of the United States Code, relating to the control of vehicle weight and width limitations, which agreements shall exempt certain ve hicles from the requirements of subsection (d) of this Code section. The department shall be authorized to take action in the name of the state to

WEDNESDAY, FEBRUARY 29, 1984

2715

comply with the terms of any such agreement and to promulgate any rules and regulations necessary to ensure the department's compliance with federal laws and to provide for the issuance of the special permits required by this Code section.
(2) The department shall include in any agreement with the United States Secretary of Transportation a provision which ensures that any vehicle registered with the Department of Revenue prior to April I, 1983, shall be exempt from the application of the federal bridge formula as required by subsection (d) of this Code section if the vehicle otherwise complies with the provisions of paragraph (2) of subsection (d) of this Code section and obtains a special permit from the department. The de partment shall also include in any agreement with the United States Sec retary of Transportation a provision which ensures that any lift axle may be counted as an individual or additional axle when computing the maxi mum total gross weight authorized for a vehicle and load below 73,280 pounds as provided in subparagraph (d)(2)(A) of this Code section.
(3) Any agreement entered into pursuant to this subsection shall be terminated April 1, 1988.
(f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road.
(g) (1) The weight limitations provided for in this Code section, ex cept the limitation in subsection (h) of this Code section, may be ex ceeded on any public road within this state which is not a national high way without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 75,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence within the county where originally cut or the adjoining county;
(B) Hauling live poultry from a farm to a processing plant located in the same or an adjoining county;
(C) Hauling feed from a feed mill to a farm located in the same county or an adjoining county;
(D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county.
(2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle.
(h) Notwithstanding any provision of this Code section to the con trary, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the total gross weight of the vehicle and its load.

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(1) (1) Any vehicle which can be made to comply with the require ments of this Code section by shifting the load and which is then loaded to comply with this Code section shall not be held to be in violation of this Code section.
(2) On all highways within this state which are not national highways:
(A) Except as provided in subparagraph (B) of this paragraph, for all vehicles, fines for violations of the total gross weight limitations pro vided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds the allowable maximum weight determined under subsection (c) of this Code section.
(B) For vehicles equipped with four axles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds 70,000 pounds."
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 Holloway of the 12th moved that the Senate agree to the House substitute to SB 352.

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 Brown of 47th
Coggin Coverdell Dawkins Deal English Engram Foster

Garner Gillis Greene Harris Hill
Hine Holloway
Horton Hudgins Huggins Land Lester McGill McKenzie

Peevy Perry Phillips Scott of 2nd Scott of 36th
Starr Stumbaugh
Tate Thompson Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Harrison and Scott of the 43rd.

WEDNESDAY, FEBRUARY 29, 1984

2717

Those not voting were Senators:

Barnes Brannon Brantley Broun of 46th

Coleman Dean Fincher Howard

Kennedy (presiding) Kidd Reddish

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 352.

The following general resolution of the Senate, favorably reported by the commit tee, was read a third time and put upon its adoption:

SR 449. By Senator Scott of the 2nd:
A resolution creating the Public Utility Rate-making Process Study Committee.

Senator Kidd of the 25th offered the following amendment:

Amend SR 449 by adding between lines 7 and 8 on Page 1 the following:
"WHEREAS, the need for the State of Georgia to adopt a policy with respect to telephone communications within this state becomes nec essary because of the recent restructuring of the American Telegraph and Telephone Company and its affiliates, as well as recent decisions by the Federal Communications Commission; and
WHEREAS, the restructuring of the American Telephone and Tele graph Company and its affiliates, and the Federal Communications Com mission's decisions could cause the rates for basic telephone service and access to the telephone network to double or triple; and
WHEREAS, the people of Georgia, especially the elderly, the hand icapped, those in rural areas, and urban poor, rely on the telephone as a basic necessity; and the doubling or tripling of telephone rates will cause many of these citizens to lose their telephones; and".
By striking from line 16 of Page 1 the word "five" and inserting in lieu thereof the word "six".
By adding on line 22 of Page 1, immediately following the period and preceding the word "The", the following:
"The committee shall also study the effects of measured telephone service and consider the adoption of a policy with respect to telephone communications within this state which will assure reasonably affordable telephone service for all Georgians."

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Senator Scott of the 2nd moved that SR 449 be committed to the Senate Commit tee on Public Utilities.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 449 was committed to the Senate Committee on Public Utilities.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:50 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bill and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1270. By Representative Dunn of the 73rd: A bill to amend Code Section 44-3-80 of the Official Code of Georgia Anno tated, relating to the allocation of interests in common elements.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Trulock of the 10th offered the following amendment:

Amend HB 1270 by striking the word "not" on line 22 and the words "nor shall" on line 23 on Page 1,
and
by striking lines 1, 2, 3 and 4 on Page 2,
and
by adding the word "and" between the words "for" and "the" on line 23 on Page 1,
and
by adding the word "shall" between the words "unit" and "he" on line 23 on Page 1.

Senator Allgood of the 22nd moved that HB 1270 be placed on the Table.

On the motion, the yeas were 33, nays 4; the motion prevailed, and HB 1270 was placed on the Table.

WEDNESDAY, FEBRUARY 29, 1984

2719

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Brannon Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean English Fincher

Foster Garner Gillis Greene Harris Harrison Mine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester McGill

McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Engram.

Those not voting were Senators:

Bowen Brantley Bryant

Coleman Hill Holloway

Perry Scott of 36th

On the adoption of the resolution, the yeas were 47, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 780. By Representatives Byrd of the 153rd, Reaves of the 147th, Moody of the 153rd and others: A resolution urging the Georgia congressional delegation to recognize the problems of farmers. Senate Sponsor: Senator McGill of the 24th.

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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 Brannon Brantley Broun of 46th Burton Coggin Coleman Coverdell Deal English Engram Fineher

Foster Gillis Greene Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Bowcn Brown of 47th Bryant Cobb

Dawkins Dean Garner Harris Hill Holloway

McKenzie Peevy Scott of 36th Stumbaugh Trulock

On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 227. By Senator Allgood of the 22nd: A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of nine members; to provide that the board of commissioners shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city; to designate the board as the commission-council of Richmond County and the City of Augusta.
The House substitute to SB 227 was as follows:
A BILL To be entitled an Act to amend an Act creating the board of commis sioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L.

WEDNESDAY, FEBRUARY 29, 1984

2721

1931, p. 555), so as to provide for a new board and the composition thereof; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commissioner districts; to provide for a chairperson and vice chairperson; to provide for board organization, duties, powers, quorum, voting, meetings, compensation, and allowances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, par ticularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), is amended by striking Sections 1 and 2 thereof and inserting in their place a new Section 1 to read as follows:
"Section 1. (a) Beginning January 1, 1985, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of six members.
(b) For the purpose of the board established in subsection (a) of this section, Richmond County is divided into six commissioner districts as follows:
Commissioner District 1--That portion of Richmond County lying within House District 85.
Commissioner District 2--That portion of Richmond County lying within House District 86.
Commissioner District 3--That portion of Richmond County lying within House District 87.
Commissioner District 4--That portion of Richmond County lying within House District 88.
Commissioner District 5--That portion of Richmond County lying within House District 89.
Commissioner District 6--That portion of Richmond County lying within House District 90.
As used in this subsection, 'House District' means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on January 1, 1984. Any part of Richmond County which is not included in any commissioner dis trict described in this subsection shall be included within that commis sioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) No person shall be eligible to serve as a member of the board unless that person:
(1) Has been a resident of the commissioner district from which elected for a period of one year immediately prior to the date of the election;
(2) Continues to reside within the commissioner district from which elected during that person's term of office; and
(3) Is a registered and qualified elector of Richmond County.
(d) Those members of the board of commissioners of Richmond

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County serving as such on January 1, 1984, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commis sioner districts as follows:

Mr. Larry Colet Mr. Tom Tinsley Mr. William J. Williams
Mr. Jack Miles Mr. Jack Padgett

Commissioner District 1 Commissioner District 3 Commissioner District 4
Commissioner District 5 Commissioner District 6

(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commis sioner Districts 1 and 4, shall serve until December 31, 1984, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1 and 4 at the 1984 Novem
ber general election. At that same 1984 November general election, the first member shall be elected for Commissioner District 2. The first mem bers thus elected from Commissioner Districts 1, 2, and 4 shall serve,
beginning January 1, 1985, for initial terms of four years each and until their respective successors are elected and qualified under subsection (g) of this section. Those members of the board who, under subsection (d) of
this section, are deemed to be serving out their terms in designated Com missioner Districts 3, 5, and 6 shall serve until December 31, 1986, and until their respective successors are elected and qualified under subsec
tion (f) of this section. From January 1, 1985, until December 31, 1986, the board shall consist of those three members first elected under this
subsection and those three incumbent members continued in office under this subsection.

(f) At the 1986 November general election, successors to those members of the board from Commissioner Districts 3, 5, and 6, all of whose terms expire December 31, 1986, shall be elected to serve, begin
ning January 1, 1987, for terms of four years each and until their respec tive successors are elected and qualified under subsection (g) of this section.

(g) Successors to members of the board whose terms expire after December 31, 1986, shall be elected at the general election immediately preceding the expiration of that respective member's term of office, shall take office on the first day of January immediately following their elec tion for terms of four years and until the election and qualification of their respective successor.

(h) Each member of the board elected to the board in the 1984 No vember general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code.

(i) Any vacancy in the board which occurs within six months prior to the expiration of a term of office shall be filled for the unexpired term, and until a successor is elected and qualified, by a member appointed by the remaining members of the board. Any vacancy in the board which occurs more than six months prior to the expiration of a term of office shall be filled for the unexpired term, and until a successor is elected and

WEDNESDAY, FEBRUARY 29, 1984

2723

qualified, by a special election called for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corre sponding to that of the member whose unexpired term is being filled.
(j) At the first regular meeting of the board in 1985, and at that first meeting each year thereafter, the members of the board shall elect from their number a chairperson and vice chairperson to serve as such until the first regular meeting of the board the immediately succeeding year. The chairperson shall preside at meetings of the board and vote on all matters before the board and have such further duties as the board may provide. The vice chairperson shall serve as chairperson during the absence, disqualification, or disability of the chairperson. Vacancies in the office of chairperson or vice chairperson shall be filled by the remain ing members of the board electing from their number a successor to fill any unexpired term as chairperson or vice chairperson, respectively. A majority of the members of the board shall constitute a quorum for the transaction of the business of the board.
(k) The chairperson of the board shall receive an annual salary of $12,000.00, payable in equal monthly installments, and a monthly ex pense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. Members of the board, other than the chairperson, shall each receive an annual salary of $7,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for actual and necessary expenses incurred in car rying out their respective official duties. The salary and expense al lowances of the chairperson and other members of the board shall be paid from county funds.
(1) The board shall have the right and power to issue all necessary writs and summon parties or witnesses before it and shall have the power to punish for contempt by fine or imprisonment in the same manner as the probate court. The sheriff or the county police of Richmond County may be required to attend meetings of the board and shall serve all writs, subpoenas, and other processes of such board."
Section 2. Said Act is further amended by designating Section 1A thereof as Section 2.
Section 3. Except for the provisions relating to and necessary for the election of members of the board of commissioners of Richmond County at the 1984 November general election, the provisions of this Act shall become effective January 1, 1985. The provisions of this Act relating to and neces sary for the election of those members of the board of commissioners of Richmond County at the 1984 November general election shall become ef fective upon the date this Act is approved by the Governor or upon its be coming law without the Governor's approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd moved that the Senate agree to the House substitute to SB 227.
On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 227.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:

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 Speaker has appointed on the part of the House:

Representatives Barnett of the 10th, Jackson of the 9th and Martin of the 60th.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the riling of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.

SB 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.

WEDNESDAY, FEBRUARY 29, 1984

2725

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.

Senator Kennedy of the 4th, President Pro Tempore, 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 733. By Representatives Bolster of the 30th, Wilson of the 20th and Robinson of the 58th:
Senate Sponsor: Senator Scott of the 43rd.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the cre ation of community improvement districts for the purpose of providing gov ernmental services; to provide for the 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 of the Constitution is amended by adding at the end thereof a new Section VII to read as follows:
"SECTION VII COMMUNITY IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law cre ate one or more community improvement districts for any county or mu nicipality or provide for the creation of one or more community improve ment districts by any county or municipality.
Paragraph II. Purposes. The purpose of a community improvement district shall be the provision of any one or more of the following govern mental services and facilities:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads.
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.

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(4) Development, storage, treatment, purification, and distribution of water.
(5) Public transportation.
(6) Terminal and dock facilities and parking facilities.
(7) Such other services and facilities as may be provided for by gen eral law.
Paragraph III. Government. Any law creating a community im provement district shall provide for the establishment and membership of a governing body for the community improvement district. The governing body of each community improvement district may be authorized to levy taxes, fees, and assessments only on real property used nonresidentially, specifically excluding all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2'/2 percent of the assessed value of the property or such lower limit as may be established by law. The law creating a community im provement district shall provide that taxes, fees, and assessments levied by the governing body of the community improvement district shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for special governmental services and facilities created by the degree of density of development of each such property. The law creating a community improvement district may provide that the proceeds of taxes, fees, and assessments levied by the governing body of the community improvement district shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the community improvement district and not for the purpose of providing those governmental services and facilities provided to the county or mu nicipality as a whole. Any tax so levied shall be collected by the county or municipality for which the community improvement district is created in the same manner as taxes levied by such county or municipality. The proceeds of taxes so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or municipality to the governing body of the community improvement dis trict and shall be expended by the governing body of the community im provement district only for the purposes authorized by this section.
Paragraph IV. Debt. The governing body of a community improve ment district may incur debt, as authorized by law, which debt shall be backed by the full faith, credit, and taxing power of the community im provement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia.
Paragraph V. Cooperation with local governments. The services and facilities provided by any community improvement district shall be pro vided in cooperation with and coordination with the county or municipal ity for which the community improvement district is created. The provi sions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any community im provement district; and any county or municipality shall retain full and

WEDNESDAY, FEBRUARY 29, 1984

2727

complete control over any of its facilities located within a community improvement district.

Paragraph VI. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of community improvement districts and the exercise of the powers of governing bodies of community improvement districts."

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 creation of community improvement districts for the purpose of providing governmental services?"

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 HR 733:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the cre ation of community improvement districts for the purpose of providing gov ernmental services; to provide for the 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 of the Constitution is amended by adding at the end thereof a new Section VII to read as follows:
"SECTION VII COMMUNITY IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law cre ate one or more community improvement districts for any county or mu nicipality or provide for the creation of one or more community improve ment districts by any county or municipality.
Paragraph II. Purposes. The purpose of a community improvement district shall be the provision of any one or more of the following govern mental services and facilities:
(1) Street and road construction and maintenance, including curbs,

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sidewalks, street lights, and devices to control the flow of traffic on streets and roads.
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.
(4) Development, storage, treatment, purification, and distribution of water.
(5) Public transportation.
(6) Terminal and dock facilities and parking facilities.
(7) Such other services and facilities as may be provided for by gen eral law.
Paragraph III. Government, (a) Any law creating or providing for the creation of a community improvement district shall provide for the establishment and membership of a governing body for the community improvement district. Any such law creating or providing for the creation of a community improvement district shall provide for representation of the governing authority of each county and municipality within which the community improvement district is wholly or partially located on the governing body of the community improvement district.
(b) Any law creating or providing for the creation of a community improvement district shall provide that the creation of the community improvement district shall be conditioned upon:
(1) The adoption by the governing authority of the county or munic ipality for which the community improvement district is to be created of a resolution consenting to the creation of the community improvement district; and
(2) Written consent to the creation of the community improvement district by:
(A) A majority of the owners of property within the community im provement district which will be subject to taxes, fees, and assessments levied by the governing body of the community improvement district; and
(B) The owners of property within the community improvement dis trict which constitutes at least 75 percent by value of all property within the community improvement district which will be subject to taxes, fees, and assessments levied by the governing body of the community improve ment district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest.
(c) The governing body of each community improvement district may be authorized to levy taxes, fees, and assessments within the com munity improvement district only on real property used nonresidentially, specifically excluding all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2'A percent of the assessed value of the property or such lower

WEDNESDAY, FEBRUARY 29, 1984

2729

limit as may be established by law. The law creating or providing for the creation of a community improvement district shall provide that taxes, fees, and assessments levied by the governing body of the community improvement district shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for special governmental services and facilities created by the degree of den sity of development of each such property. The law creating or providing for the creation of a community improvement district may provide that the proceeds of taxes, fees, and assessments levied by the governing body of the community improvement district shall be used only for the purpose of providing governmental services and facilities which are specially re quired by the degree of density of development within the community improvement district and not for the purpose of providing those govern mental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the county or municipality for which the community improvement district is created in the same manner as taxes, fees, and assessments levied by such county or municipality. The proceeds of taxes, fees, and assessments so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or municipality to the governing body of the community improvement district and shall be expended by the governing body of the community improvement district only for the purposes authorized by this Section.
Paragraph IV. Debt. The governing body of a community improve ment district may incur debt, as authorized by law, without regard to the requirements of Section V of this Article, which debt shall be backed by the full faith, credit, and taxing power of the community improvement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the commu nity improvement district.
Paragraph V. Cooperation with local governments. The services and facilities provided by any community improvement district shall be pro vided in cooperation with and coordination with the county or municipal ity for which the community improvement district is created. The provi sions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any community im provement district; and any county or municipality shall retain full and complete control over any of its facilities located within a community improvement district.
Paragraph VI. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of community improvement districts and the exercise of the powers of governing bodies of community improvement districts."
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:

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"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the creation of community improvement districts for the purpose of providing governmental services?"

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 HR 733:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the cre ation of community improvement districts for the purpose of providing gov ernmental services; to provide for the 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 of the Constitution is amended by adding at the end thereof a new Section VII to read as follows:
"SECTION VII COMMUNITY IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law cre ate one or more community improvement districts for any county or mu nicipality or provide for the creation of one or more community improve ment districts by any county or municipality.
Paragraph II. Purposes. The purpose of a community improvement district shall be the provision of any one or more of the following govern mental services and facilities:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads.
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.
(4) Development, storage, treatment, purification, and distribution of water.
(5) Public transportation.
(6) Terminal and dock facilities and parking facilities.
(7) Such other services and facilities as may be provided for by gen eral law.

WEDNESDAY, FEBRUARY 29, 1984

2731

Paragraph III. Administration, (a) Any law creating or providing for the creation of a community improvement district shall designate the governing authority of the municipality or county for which the commu nity improvement district is created as the administrative body or other wise shall provide for the establishment and membership of an adminis trative body for the community improvement district. Any such law creating or providing for the creation of an administrative body for the community improvement district other than the municipal or county gov erning authority shall provide for representation of the governing author ity of each county and municipality within which the community im provement district is wholly or partially located on the administrative body of the community improvement district.
(b) Any law creating or providing for the creation of a community improvement district shall provide that the creation of the community improvement district shall be conditioned upon:
(1) The adoption of a resolution consenting to the creation of the community improvement district by:
(A) The governing authority of the county if the community im provement district is located wholly within the unincorporated area of a county;
(B) The governing authority of the municipality if the community improvement district is located wholly within the incorporated area of a municipality; or
(C) The governing authorities of the county and the municipality if the community improvement district is located partially within the unin corporated area of a county and partially within the incorporated area of a municipality; and
(2) Written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement dis trict; and
(B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be de termined by the most recent approved county ad valorem tax digest.
(c) The administrative body of each community improvement dis trict may be authorized to levy taxes, fees, and assessments within the community improvement district only on real property used nonresidentially, specifically excluding all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 Vi percent of the assessed value of the real property or such

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lower limit as may be established by law. The law creating or providing for the creation of a community improvement district shall provide that taxes, fees, and assessments levied by the administrative body of the community improvement district shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The law creating or pro viding for the creation of a community improvement district shall provide that the proceeds of taxes, fees, and assessments levied by the adminis trative body of the community improvement district shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the community improvement district and not for the purpose of providing those governmental services and facilities provided to the county or mu nicipality as a whole. Any tax, fee, or assessment so levied shall be col lected by the county or municipality for which the community improve ment district is created in the same manner as taxes, fees, and assessments levied by such county or municipality. The proceeds of taxes, fees, and assessments so levied, less such fee to cover the costs of collec tion as may be specified by law, shall be transmitted by the collecting county or municipality to the administrative body of the community im provement district and shall be expended by the administrative body of the community improvement district only for the purposes authorized by this Section.
Paragraph IV. Debt. The administrative body of a community im provement district may incur debt, as authorized by law, without regard to the requirements of Section V of this Article, which debt shall be backed by the full faith, credit, and taxing power of the community im provement district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the community improvement district.
Paragraph V. Cooperation with local governments. The services and facilities provided pursuant to this Section shall be provided for in a co operation agreement executed jointly by the administrative body and the governing authority of the county or municipality for which the commu nity improvement district is created. The provisions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any community improvement district; and any county or municipality shall retain full and complete authority and con trol over any of its facilities located within a community improvement district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this Section shall be construed to limit or preempt the application of any governmen tal laws, ordinances, resolutions, or regulations to any community im provement district or the services or facilities provided therein.
Paragraph VI. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of community improvement districts and the exercise of the powers of administrative bodies of community improvement districts."

WEDNESDAY, FEBRUARY 29, 1984

2733

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 creation of community improvement districts for the purpose of providing governmental services?"

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 Cobb of the 28th moved that HR 733 be placed on the Table.

On the motion, the yeas were 2, nays 30; the motion was lost, and HR 733 was not placed on the Table.

On the adoption of the substitute to HR 733 offered by the Senate Committee on Federal, State and Community Affairs, the yeas were 1, nays 40, and the committee substitute was lost.

On the adoption of the substitute to HR 733 offered by Senator Scott of the 43rd, the yeas were 39, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 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

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Hudgins Muggins Kidd LLeasntder
McGill
McKenzie

Perry Reddish Scott of 2nd SSccootttt ooff 4336rthd
Starr
Stumbaugh

Tate Thompson Timmons T"rul.ock
Turner
Walker

Those voting in the negative were Senators:

Brannon Deal

Peevy Phillips

Tysinger

Not voting was Senator Kennedy (presiding).

On the adoption of the resolution, the yeas were 50, nays 5.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 392 was as follows:

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 specify what shall be considered a convic tion for the purposes of mandatory suspensions of drivers' licenses; 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 33-

WEDNESDAY, FEBRUARY 29, 1984

2735

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 2. Said chapter is further amended by adding immediately following Code Section 33-34-10, relating to the requirement of showing and maintaining proof of insurance, a new Code Section 33-34-10.1 to read as follows:
"33-34-10.1. (a) For the purposes of mandatory suspension of a driver's license or license tag for a first violation of subsection (a) or (c) of Code Section 33-34-10, 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 conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsec tion, but a record of the disposition of the case shall be forwarded by the court to the Department of Public Safety for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section.
(b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent violation of subsection (a) or (c) of Code Section 33-34-10, a forfeiture 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, a plea of nolo contendere to a previous violation of subsection (a) or (c) of Code Section 33-34-10, or a finding of guilty shall be considered a conviction regardless of whether the sentence is sus pended, probated, rebated, or revoked."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Land of the 16th moved that the Senate agree to the House substitute to SB 392.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Branlley Broun of 46th Brown of 47th Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Fincher Foster Garner
Gillis
Greene Harris Harrison Hill Hine Holloway Horton Howard Hudgins
Huggins
Kidd
Land

Lester McGill McKenzie Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Dean

Kennedy (presiding) Peevy

Scott of 36th Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 392.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Garner of the 30th moved that the Senate adhere to the Senate amend ment to HB 1506 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1506.

WEDNESDAY, FEBRUARY 29, 1984

2737

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Garner of the 30th, Barnes of the 33rd and Trulock of the 10th.

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.

Senator Barnes of the 33rd moved that the Senate adhere to the Senate substitute to HB 1271 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1271.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Kidd of the 25th and Dean of the 31st.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

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.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

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as to provide that the Secretary of State may designate a hearing officer for hearings regarding the qualifications of any candidate.

The House substitute to SB 326 was as follows:

A BILL
To be entitled an Act to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for fed eral and state office, so as to provide that the Secretary of State may desig nate a hearing officer for hearings regarding the qualifications of any candi date; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-5 of the Official Code of Georgia Anno tated, relating to qualifications of candidates for federal and state office, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Secretary of State upon his own motion may challenge the qualifications of any candidate. Within two days after the deadline for qualifying, any elector who is eligible to vote for a candidate may chal lenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his qualifica tions are being challenged and the reasons therefor and shall advise the candidate that he is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing. The Secretary of State is authorized to designate any member of his office as a hearing officer who shall be authorized to conduct a hearing for the purpose of receiving testimony regarding the qualifications of any candidate. The hearing officer shall report his findings to the Secretary of State. The Secretary of State shall determine whether the candidate is qualified to seek and hold the public office for which he is offering."
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 Kidd of the 25th moved that the Senate agree to the House substitute to SB 326.

On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 29, 1984

2739

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 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 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bryant

Dean Kennedy

McKenzie

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 326.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 623. By Representatives McKinney of the 35th, Childers of the 15th, Selman of the 32nd and others:
A resolution creating the Joint Committee to Study the Creation of Sepa rate Mental Health and Mental Retardation Divisions.
Senate Sponsor: Senator Brantley of the 56th.

The Senate Committee on Human Resources offered the following substitute to HR 623:

A RESOLUTION
Creating the Joint Committee to Study the Creation of Separate Mental Health and Mental Retardation Divisions; and for other purposes.
WHEREAS, proponents of increased mental retardation services be-

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lieve that services for the mentally retarded could better be provided through a separate Division of Mental Retardation; and
WHEREAS, the opponents maintain that the current structure of the Department of Human Resources results in both mental retardation services and mental health services receiving a fair share of the state's programmatic and financial resources; and
WHEREAS, the issue has been studied by the Department of Human Resources, which reached the conclusion that there are areas of concern that could be handled in ways that better support the mission of the Depart ment of Human Resources but not of a sufficient magnitude to warrant the creation of a Division of Mental Retardation; and
WHEREAS, the commissioner of the Department of Human Resources is currently implementing a plan which will better handle these concerns; and
WHEREAS, the Senate Mental Health and Mental Retardation Study Committee studied the issues and determined that there should not at this time be a separate Division of Mental Retardation; and
WHEREAS, the Mental Health and Mental Retardation Subcommit tee of the House Health and Ecology Committee held special hearings con cerning this issue; and
WHEREAS, although many, if not most, of the questions surrounding the issue were answered, there still exist sufficient unanswered questions to warrant the creation of a joint committee to study further the issue.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the Joint Committee to Study the Creation of Separate Mental Health and Mental Retardation Di visions to be composed of ten members. Five members shall be appointed from the House of Representatives by the Speaker thereof. Five members shall be appointed from the Senate by the President thereof.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate any such problems. 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 accom plish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for 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 legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than January 1, 1985, at which time the committee shall stand abolished.

WEDNESDAY, FEBRUARY 29, 1984

2741

On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal

English Engram Fincher Foster Gillis Greene Harris Horton Howard Hudgins Huggins Land Lester

McGill Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Allgood Barnes Bowen Cobb Dean Garner

Harrison Hill Holloway Kennedy (presiding) Kidd McKenzie

Scott of 2nd Starr Stumbaugh Thompson Trulock

On the adoption of the substitute, the yeas were 38, nays 1, 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:

Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th
Bryant Burton

Coggin Coverdell Dawkins
Deal English

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JOURNAL OF THE SENATE

Engrain Fincher Foster Gilhs GHraererinse
Harrison
Hill
Horton Howard

Hudgins Muggins Kidd Land MMccGKielnl zie
Peevy
Perry
Phillips Reddish

Scott of 36th Scott of 43rd Stumbaugh Tt T"hompson
Timmons
Turner
Tysinger Walker

Those voting in the negative were Senators Hine and Lester.

Those not voting were Senators:

Allgood
Cobb Coleman Dean

Garner Holloway Kennedy (presiding)

Scott of 2nd Starr Trulock

On the adoption of the resolution, the yeas were 44, nays 2.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 521 was as follows:

A BILL
To be entitled an Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to change the jurisdiction of said court; to provide for jurisdiction in gar nishment proceedings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, is amended by striking

WEDNESDAY, FEBRUARY 29, 1984

2743

Sections 2 and 3 in their entirety and inserting in lieu thereof new Sections 2 and 3 to read as follows:
"Section 2. Jurisdiction. Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall have jurisdiction within the incorporate limits of the County of Bibb as aforesaid, concur rent with the superior court to try and dispose of all civil cases or pro ceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due or the value of the property in dispute does not exceed $7,500.00 and over which jurisdiction is not vested by the Consti tution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this Slate except that the Civil Court of Bibb County shall have jurisdic tion in all suits or causes of action brought under the provisions of Chap ter 12 of Title 40 of the Official Code of Georgia Annotated, to try any action against a nonresident defendant upon whom service was perfected by serving the Secretary of State as provided in Chapter 12 in the same manner as where the jurisdiction to try such an action is vested in the courts in said counties having jurisdiction of tort and criminal actions. The Civil Court of Bibb County shall have jurisdiction to try and to de termine all suits, warrants, and proceedings to evict intruders and to dis possess and remove tenants holding over. The plaintiff in such proceed ings shall have the right to direct the return of the same as to any issues to be tried therein to either the Civil Court of Bibb County, or to the Superior Court of Bibb County, providing the election is stated in the warrant or affidavit at the time the same is issued.
Section 3. Jurisdiction. Civil and criminal. Be it further enacted by the authority aforesaid, that wherever and whenever the words 'Principal amount sworn to or claimed to be due,' are used in any Act relating to the Civil Court of Bibb County, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by setoff or counterclaim, exclusive of and not computing interest, hire, at torney's fees and costs so that the jurisdiction of said Civil Court of Bibb County shall be concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature whether arising ex con tractu or ex delicto under the common law or by statute in which the principal sum sworn to or claimed to be due or the value of the property in dispute, does not exceed $7,500.00 and over which jurisdiction is not vested by the Constitution or laws of Georgia exclusively in other courts. The jurisdiction of said Civil Court of Bibb County shall be concurrent with the superior court to try and dispose of all garnishment proceedings and the monetary limitation provided for in this section shall not apply to such proceedings in said Civil Court of Bibb County. The criminal juris diction of said Civil Court of Bibb County shall not exceed the jurisdic tion now or hereafter vested by law in the justice courts of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Grecnc of the 26th moved that the Senate agree to the House substitute to SB 521.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 521.

The President resumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 94. By Representative Selman of the 32nd:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to cer tain persons who were previously members of the Peace Officers' Annuity and Benefit Fund and who, upon becoming disabled, were denied disability benefits.
Senate Sponsor: Senator Timmons of the 1 Ith.

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 Rudolph Johnson, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 21, 1984

SUBJECT: Fiscal Note--House Bill 94 (LC 7 5058) Peace Officers' Annuity and Benefit Fund

This Bill would provide disability payments to certain persons who were denied disability payments while members of the Fund, and whose employ ment was terminated because of the disability. To be eligible, the person would have to have become disabled after May 1, 1976, have been termi nated because of the disability on July 15, 1977, have been a dues-paying member during the period February 1, 1960 through July 15, 1977, and have received a refund of the dues paid into the Fund. The payments would

WEDNESDAY, FEBRUARY 29, 1984

2745

include a lump sum payment of missed benefits plus monthly disability benefits.
One person has been identified who would be affected by this proposed legislation. Fund administrators indicate that the provisions of this Bill would require a lump sum payment of approximately $10,600 and a monthly payment of $175 for the life of the person. The monthly payment does not reflect any subsequent changes in the Fund's benefit structure.

/&/ 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 94:

A BILL
To be entitled an Act to amend Code Section 47-17-81 of the Official Code of Georgia Annotated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to certain persons who were previously members of the Peace Officers' Annuity and Benefit Fund and who, upon becoming disabled, were denied disability benefits; to provide for procedures and requirements in connection therewith; to provide for other matters relative thereto; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, is amended by adding at the end thereof a new subsection (r) to read as follows:
"(r) (1) It is specifically provided that the provisions of this subsec tion shall control over any other conflicting or inconsistent provisions of this chapter or rules or regulations of the board adopted pursuant thereto.
(2) Any person who became disabled after May I, 1976, and whose employment was terminated because of such disability on July 15, 1977, and who was a dues-paying member of the fund during a period of time which includes, but is not necessarily limited to, the period beginning on February 1, 1960, and ending on July 15, 1977, and who, as a result of being denied disability benefits under this chapter, received a refund of the dues the person had paid into the fund shall begin receiving the monthly disability benefits specified by this Code section effective for the month of June, 1984, and continuing for life unless disability benefits for such person are ceased pursuant to the provisions of subsection (f) of this Code section.
(3) In addition to the monthly benefits provided for by paragraph (2) of this subsection, the person entitled to such monthly benefits shall receive a lump sum disability payment from the board by not later than

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JOURNAL OF THE SENATE

July 1, 1984. The amount of such lump sum payment shall be equivalent to the total of the disability payments the person would have received, had he not been denied disability payments by the board, from August 1, 1977, until June I, 1984, less the total amount of dues paid by the person into the fund from February 1, 1960, until August 1, 1977. The amount of the lump sum payment shall be further reduced by interest at the rate of 6 percent per annum on the total amount of dues paid by the person into the fund from February I, 1960, until August 1, 1977, computed for that period of time beginning when such dues were refunded to the per son and ending on June 1, 1984.
(4) Any person affected by this subsection is restored to membership in the fund for the purpose of qualifying to receive the benefits provided for by paragraphs (2) and (3) of this subsection."
Section 2. This Act shall become effective on May 1, 1984.
Section 3. 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:

February 22, 1984

SUBJECT: House Bill 94 Substitute (LC 7 5730S) Peace Officers' Annuity and Benefit Fund

This Bill would provide disability payments to certain persons who were denied disability payments while members of the Fund, and whose employ ment was terminated because of the disability. To be eligible, the person would have to have become disabled after May 1, 1976, have been termi nated because of the disability on July 15, 1977, have been a dues-paying member during the period February I, 1960 through July 15, 1977, and have received a refund of the dues paid into the Fund. The payments would include a lump sum payment of missed benefits plus monthly disability benefits.

WEDNESDAY, FEBRUARY 29, 1984

2747

This is to certify that this is a retirement bill having a fiscal impact to the pension system.
/s/ W. M. Nixon State Auditor

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:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 22, 1984

SUBJECT: Fiscal Note--House Bill 94 Substitute (LC 7 5730S) Peace Officers' Annuity and Benefit Fund

This Bill would provide disability payments to certain persons who were denied disability payments while members of the Fund, and whose employ ment was terminated because of the disability. To be eligible, the person would have to have become disabled after May 1, 1976, have been termi nated because of the disability on July 15, 1977, have been a dues-paying member during the period February 1, 1960 through July 15, 1977, and have received a refund of the dues paid into the Fund. The payments would include a lump sum payment of missed benefits plus monthly disability benefits.

One person has been identified who would be affected by this proposed legislation. Fund administrators indicate that the provisions of this Bill would require a lump sum payment of approximately $10,725 and a monthly payment of $175 for the life of the person. The monthly payment does not reflect any subsequent changes in the Fund's benefit structure.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

2748

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond 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 Horton Howard Hudgins Huggins Kennedy Kidd Land Lester

McGill Peevy Perry Phillips Reddish Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen

Coleman Holloway

McKenzie Scott of 2nd

On the passage of the bill, the yeas were SO, 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 1602. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to provide that the members of said board of education shall be elected on a nonpartisan basis.

Senator Tysinger of the 41st moved that the Senate recede from the Senate amendment to HB 1602.

WEDNESDAY, FEBRUARY 29, 1984

2749

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Brannon Brantley
Broun of 46th Brown of 47th
! r y* nt Boubrtbon Coggin Dawkins D ea l Dean English Engram Fincher

Foster Garner Gillis Greene Harris
Harrison Hm
Hine H,,ol,,loway Horton Howard Hudgins Huggins Kennedy Kidd Land

Lester McGill Peevy Perry Phillips
Scott of 2nd Scott of 36th
Starr S,,,tumb. augh, Tate Thompson Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Scott of the 43rd.

Those not voting were Senators:

Barker Bond

Coleman Coverdell

McKenzie Reddish

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HB 1602.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2750

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Hudgins Huggins Kennedy

Kidd Land Lester McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Stumbaugh Tate Thompson Trulock Turner

Those not voting were Senators:

Barker Bryant Coleman Holloway

McKenzie Reddish Starr

Timmons Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SR 439. By Senator Hudgins of the 15th:
A resolution creating the Senate Children and Youth Coordinating Council 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:

WEDNESDAY, FEBRUARY 29, 1984

2751

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 Harrison Hill Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Lester McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Scott of 43rd Starr Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Allgood Barker Brantley

Land Reddish

Stumbaugh Tysinger

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
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:

2752

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Barker Barnes
Bond
Bowen Brannon Broun of 46th Brown of 47th
Bryant
Burton Coggin Coleman Coverdell Dawkins Deal
Dean
English

Engram Fincher
Foster Garner Gillis Greene
Harris Harrison Hill
Hine Holloway Horton
Howard Hudgins Huggins Kennedy
Kidd

Those not voting were Senators:

Lester
McGill Peevy Perry Phillips Scott of 2nd Scott of 36th
Scott of 43rd
Starr
Tate Thompson Timmons Trulock Turner Tysinger Walker

Brantley Cobb

Land McKenzie

Reddish Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th assumed the Chair at the direction of the President.

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.
Senate Sponsor: Senator Greene of the 26th.

WEDNESDAY, FEBRUARY 29, 1984

2753

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 Warren D. Evans, Chairman

House Judiciary 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 1038 (LC 7 5434) Classification and Compensation of Assistant District Attorneys

This Bill would provide for a system of classification and compensation for attorneys employed to assist district attorneys. The Bill outlines mini mum qualifications required for appointment or promotion to each of four classes of attorneys and specifies salary ranges for each of the four classes in terms of percentages of the district attorney's compensation with a range of 40% to 90%. The Bill allows counties to supplement the salary of any attor ney appointed by a district attorney and allows district attorneys to author ize up to $ 1,200 per year in additional compensation to the chief assistant district attorney to be paid from state funds. The Bill also requires the De partment of Administrative Services to develop and update salary schedules and adopt and amend policies, rules, and regulations to govern the proce dures for related personnel transactions.

The Department of Administrative Services (DOAS) has estimated that the new compensation system for the four classes of attorneys would cost approximately $362,000 in salary increases for the first year of imple mentation. This cost was calculated based on the 118 attorneys currently employed and the estimated salary increases for which they would qualify. DOAS has estimated that the provision for the $1,200 per year additional compensation for chief assistant district attorneys could cost up to $54,000 per year if all 45 districts appoint a chief assistant and allow the additional compensation. DOAS has also indicated that they would not incur any addi tional costs for the administrative functions required of them by this Bill.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

2754

JOURNAL OF THE SENATE

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend HB 1038 as follows:
By striking from line 2 on Page 8 the figure and word "45 percent"; from line 5 on Page 8 the figure and word "50 percent"; from line 8 on Page 8 the figure and word "60 percent"; and from line 11 on Page 8 the figure and word "70 percent" and by inserting in lieu of said stricken figures and words, respectively, in line 2 on Page 8 the figure "$19,185.00"; in line 5 on Page 8 the figure "$21,318.00"; in line 8 on Page 8 the figure "$25,582.00"; and in line 11 on Page 8 the figure "$29,845.00".
By inserting in line 5 on Page 12 between the word "section" and the word "to" the following:
"and the entry level salaries provided for by subsection (d) of this Code section".

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 Richard L. Greene, Chairman

Senate Judiciary and Constitutional Law Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

DATE:

February 17, 1984

SUBJECT: Fiscal Note--Substitute to House Bill 1038 as Amended (LC 7 5573S) (AM 7 0031) Classification and Compensation of Assistant District Attorneys

This Amended Substitute Bill would provide for a system of classifica tion and compensation for attorneys employed to assist district attorneys. The Bill outlines minimum qualifications (including the number of years of active law experience) required for appointment or promotion to each of four classes of attorneys and specifies salary ranges for each of the four classes. A minimum dollar salary is provided for each class ranging from $19,185 to $29,845 and a maximum salary is provided for each class in terms of percentages of the district attorney's compensation with such maxi mum percentages ranging from 65% to 90%. The Bill allows counties to supplement the salary of any attorney appointed by a district attorney and allows district attorneys to authorize up to $1,200 per year in additional compensation to the chief assistant district attorney to be paid from state funds. The Bill also requires the Department of Administrative Services (DOAS) to develop salary schedules and revise the salary schedules to in clude cost-of-living increases granted to employees classified by the State

WEDNESDAY, FEBRUARY 29, 1984

2755

Merit System. DOAS is also required to adopt and amend policies, rules, and regulations to govern the procedures for related personnel transactions.
The Department of Administrative Services (DOAS) has estimated that the new attorney compensation system provided for by this Amended Substitute Bill would cost approximately $362,000 in salary increases for the first year of implementation. This cost was calculated based on the 118 attorneys currently employed and the estimated salary increases for which they would qualify not including potential cost-of-living increases for this first year. DOAS has stated that the amendment changing entry level sala ries from percentages of district attorneys' compensation to minimum dollar amounts has little or no impact on the cost of the Substitute Bill.
DOAS has estimated that the provision for the $1,200 per year addi tional compensation for chief assistant district attorneys could cost up to $54,000 per year if all 45 districts appoint a chief assistant and allow the additional compensation. DOAS has also indicated that they would not in cur any additional costs for the administrative functions of them by this Bill.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

Senator Greene of the 26th offered the following substitute to HB 1038:

A BILL
To be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions appli cable to district attorneys, so as to revise completely the provisions relating to assistant district attorneys; to provide for a system of classification of attorneys employed to assist district attorneys and for the compensation of such attorneys; to provide for definitions; 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; 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. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district at torneys, is amended by striking Code Section 15-18-14, relating to assistant district attorneys, which reads as follows:
"15-18-14. (a) The district attorney in each judicial circuit may ap point as many assistant district attorneys as there are superior court judges, not including senior judges, who shall serve at the pleasure of the district attorney.

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JOURNAL OF THE SENATE

(b) (1) Any assistant district attorney who has served as an assistant district attorney for two years or more on July 1, 1979, shall continue to receive the annual salary he was drawing on July 1, 1979. Any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection.
(2) Any assistant district attorney who has served as an assistant district attorney for more than one year but less than two years on July 1, 1979, shall receive an annual salary of $15,500.00 beginning July 1, 1979. Any such assistant district attorney shall receive an annual salary of $16,500.00 on the second anniversary of his appointment. On each anniversary following the second anniversary, any such assistant district attorney shall be entitled to salary increases as provided in paragraph (5) of this subsection.
(3) Any assistant district attorney who has served less than one year on July 1, 1979, shall receive an annual salary of $15,500.00 beginning July 1, 1979. On the second anniversary of his appointment, any such assistant district attorney shall be eligible for salary increases as provided for in paragraph (5) of this subsection.
(4) Any assistant district attorney appointed under this Code section on and after July 1, 1979, shall receive an annual salary of $15,500.00. Beginning on the first day of the month following the month of the first anniversary of his appointment, any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection.
(5) Each assistant district attorney appointed under this Code sec tion shall receive an increase of 6.4 percent for each future year of ser vice, which increase shall become effective on the first day of the month following the month in which the anniversary of his appointment occurs. In addition to his annual salary, each assistant district attorney shall also receive the percentage cost-of-living increase payable to employees of the classified service of the State Merit System of Personnel Administration. All salary increases shall be cumulative, and such increases shall be pay able beginning on the same date as those of employees of the classified service of the State Merit System of Personnel Administration, except as otherwise provided for in this Code section.
(6) Notwithstanding paragraph (4) of this subsection, each assistant district attorney appointed under this Code section who has prior service as an assistant district attorney in this state may be compensated in an annual amount not to exceed the greater of:
(A) $15,500.00 plus an incremental increase of 3.2 percent thereof for each full year of prior service before July 1, 1981, and an incremental increase for each full year of prior service performed after July 1, 1981, as provided in paragraph (5) of this subsection; or
(B) The state salary paid to such assistant district attorney at the time of the termination of such prior service.
Any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection, and his anniversary date

WEDNESDAY, FEBRUARY 29, 1984

2757

may for this purpose be adjusted to reflect credit for any partial year of prior service not credited above.
(7) In computing the maximum salary authorized for each assistant district attorney, there shall be added to his or her period of service as an assistant district attorney a period of time equal to any period during which the assistant district attorney was previously an employee of the Department of Law of the State of Georgia or the Prosecuting Attorneys' Council of the State of Georgia, if he or she was a member of the State Bar of Georgia during such prior period of employment. The anniversary date of appointment of any such assistant district attorney may be ad justed to reflect credit for any partial year of service allowed by this paragraph.
(c) Each district attorney shall fix the salary to be paid from state funds to any person whom the district attorney appoints or employs as an assistant district attorney pursuant to this Code section. The maximum salary to be paid from state funds shall not exceed the annual salary calculated for such assistant's years of service plus the cumulative adjust ment calculated pursuant to subsection (b) of this Code section. In no event shall any assistant district attorney receive a salary from state funds in excess of 75 percent of the annual state salary of the district attorney. In determining the annual salary, the cumulative adjustment, and the maximum salary of any assistant district attorney pursuant to this Code section, all amounts shall be rounded off to the nearest whole dollar.
(d) The compensation provided for in this Code section shall be paid from state funds in equal monthly installments by the director of the Fiscal Division of the Department of Administrative Services, upon being presented certification from the district attorney and the chief or presid ing judge of the superior court of the judicial circuit as to the employ ment of an assistant district attorney appointed under this Code section.
(e) The county or counties comprising a judicial circuit may supple ment the salary of any assistant district attorney appointed under this Code section.
(f) Except for the salary of the director of a prosecutorial clinic es tablished with the approval of the Prosecuting Attorneys' Council at a law school accredited by the American Bar Association or where the state is required by law to provide partial compensation of personnel em ployed pursuant to a federal grant, only assistant district attorneys ap pointed pursuant to this Code section shall be compensated from state funds.",
in its entirety and substituting in lieu thereof a new Code Section 15-18-14 to read as follows:
"15-18-14. (a). As used in this Code section, the term:
(1) 'Active practice of law' means experience as an attorney en gaged in the private practice of law or an attorney employed as such by a corporation, partnership, or government agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an

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JOURNAL OF THE SENATE

attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law.
(2) 'Break in service' means a separation from service on a full-time basis as a prosecuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a 'break in service.'
(3) 'Compensation of the district attorney' means the annual salary of the district attorney paid from state funds, excluding any local supple ments to the state salary.
(4) 'Prosecuting attorney' means service on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney ap pointed by a district attorney of this state; service on a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; service as an attorney employed on a full-time basis by the Attorney General of this state; service as an attor ney employed on a full-time basis by the United States Department of Justice; service as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; or service on a full-time basis as an attorney employed by the Prosecut ing Attorneys' Council of Georgia.
(b) Subject to the provisions of this Code section, the district attor ney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office.
(c) Each attorney appointed pursuant to subsection (b) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for ap pointment or promotion to each class shall be as follows:
(1) Assistant district attorney I. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsec tion (b) of Code Section 15-18-21;
(2) Assistant district attorney II. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsec tion (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years;
(3) Assistant district attorney III. To be eligible for appointment to this class, an attorney must meet the qualifications specified by subsec tion (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and
(4) Assistant district attorney IV. To be eligible for appointment to

WEDNESDAY, FEBRUARY 29, 1984

2759

this class, an attorney must meet the qualifications specified by subsec tion (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia.
(d) Except as otherwise provided in Code Section 15-18-15, each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section. The salary range for each class established in subsection (c) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $19,185.00 nor more than 65 percent of the compensation of the district attorney;
(2) Assistant district attorney II. Not less than $21,318.00 nor more than 70 percent of the compensation of the district attorney;
(3) Assistant district attorney III. Not less than $25,582.00 nor more than 80 percent of the compensation of the district attorney; and
(4) Assistant assistant district attorney IV. Not less than $29,845.00 nor more than 90 percent of the compensation of the district attorney.
(e) Subject to the salary range established by subsection (d) of this Code section, the Department of Administrative Services shall develop and promulgate a salary schedule for each class of attorney provided for by subsection (c) of this Code section. The salary schedule shall be simi lar to the salary schedules adopted by the State Merit System of Person nel Administration and shall provide for an entry step and not more than ten steps within each class. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar.
(f) (1) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of subsection (k) of this Code section.
(2) The following requirements shall apply to the appointment of attorneys:
(A) Except as otherwise provided by subparagraphs (B) through (E) of this paragraph and by subsection (i) of this Code section, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified;
(B) Any person who is employed as a state paid assistant district attorney on June 30, 1984, shall be appointed to the appropriate class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant district attorney was receiving on June 30, 1984; provided, however, that, if the difference between the an nual salary received by such assistant district attorney on June 30, 1984, and the salary step to which such assistant district attorney would be appointed pursuant to this subparagraph is less than $100.00, then such

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assistant district attorney may be appointed to the next higher salary step;
(C) Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the Ameri can Bar Association, which has been approved by the Prosecuting Attor neys' Council, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step;
(D) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bu reau of Investigation or a comparable agency of the United States may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade; and
(E) Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment.
(3) The provisions of paragraph (2) of this subsection shall not ap ply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another.
(g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid posi tion. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a dis trict attorney's office who accepts an appointment in another district at torney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same sal ary step.
(h) All salary advancements shall be based on quality of work and performance. The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month fol lowing the anniversary of such attorney's appointment. No attorney's sal ary shall be increased beyond the maximum of the salary range applica ble to the attorney's class. Any reduction in salary shall be made in accordance with steps in the salary schedule provided for by subsection (e) of this Code section.
(i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code sec tion, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the

WEDNESDAY, FEBRUARY 29, 1984

2761

attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion.
(j) The county or counties comprising a judicial circuit may supple ment the salary of any attorney appointed by a district attorney pursuant to this Code section.
(k) (1) Each district attorney shall fix the compensation to be paid to each attorney appointed pursuant to this Code section in accordance with the class to which the attorney is appointed and the appropriate step of the salary schedule.
(2) The Department of Administrative Services, in cooperation with the Prosecuting Attorneys' Council of Georgia shall adopt and amend policies, rules, and regulations governing the method of and forms to be used for the appointment, transfer, salary advancements or reductions, and promotions of attorneys appointed pursuant to this Code section.
(3) The Department of Administrative Services shall revise the sal ary schedules provided for by subsection (e) of this Code section and the entry level salaries provided for by subsection (d) of this Code section to include cost-of-living increases which may be granted from time to time to members of the classified service of the State Merit System of Person nel Administration.
(4) The salaries provided for by this Code section shall be paid in equal monthly installments by the director of the Fiscal Division of the Department of Administrative Services from funds appropriated or avail able for the operation of the superior courts."
Section 2. Said Article 1 is further amended by striking Code Section 15-18-15, relating to the chief assistant district attorney, in its entirety and substituting in lieu thereof a new Code Section 15-18-15 to read as follows:
"15-18-15. (a) The district attorney may designate in writing an as sistant district attorney as the chief assistant district attorney. In addi tion to such assistant district attorney's other duties, the chief assistant district attorney shall have such administrative and supervisory duties as may be assigned by the district attorney.
(b) In the event of the absence or disability of the district attorney, the chief assistant district attorney shall have the same power, duties, and responsibilities as the district attorney.
(c) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district at torney may authorize the chief assistant district attorney to be paid an amount not to exceed $1,200.00 per annum. Said amount shall be paid in equal monthly installments from state funds appropriated or available for the operation of the superior courts."
Section 3. Said article is further amended by adding following Code Section 15-18-27 a new Code Section 15-18-28 to read as follows:

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"15-18-28. (a) A district attorney or a solicitor of a state court may, with the consent of the head of any department, agency, or instrumental ity of state or local government, appoint an attorney regularly employed by such department, agency, or instrumentality as special assistant dis trict attorney or special assistant solicitor to assist under the direction of the district attorney or solicitor in conducting any civil or criminal pro ceeding, including grand jury proceedings and proceedings before magis trates, which district attorneys or solicitors are authorized by law to con duct, whether or not such attorney is a resident of the circuit in which the proceeding is to be brought.
(b) Each attorney specially appointed pursuant to the provisions of this Code section shall be appointed in writing and shall take the oath required by law. The appointment shall specify the duration of the appointment.
(c) Any employee of a department, agency, or instrumentality of state or local government who is specially appointed pursuant to this Code section shall be deemed to be on detail to a regular work assign ment in his department, agency, or instrumentality and shall continue to receive the same pay and allowances to which such employee would oth erwise be entitled. The head of such department, agency, or instrumen tality may authorize such employee to accept reimbursement of travel and expenses by the county or counties in which such appointment is effective in lieu of any reimbursement for travel and expenses which may be authorized by law."
Section 4. Section 3 of this Act shall become effective upon the ap proval of this Act by the Governor or upon its otherwise becoming law. Sec tions 1 and 2 of this Act shall become effective on July 1, 1984.
Section 5. 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 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Richard Greene, Chairman

Judiciary and Constitutional Law Committee

FROM:

William M. Nixon, State Auditor Clark T. Stevens, Director, Office of Planning and Budget

WEDNESDAY, FEBRUARY 29, 1984

2763

DATE:

February 29, 1984

SUBJECT:

Fiscal Note--House Bill 1038 Substitute (LC 7 5742S) (SFS) Classification and Compensation of Assistant District Attorneys

This Bill would provide for a system of classification and compensation for attorneys employed to assist district attorneys. The Bill outlines mini mum qualifications required for appointment or promotion to each of four classes of attorneys and specifies salary ranges for each of the four classes. A minimum dollar salary is provided for each class ranging from $19,185 to $29,845 and a maximum salary is provided for each class in terms of per centages of the district attorney's compensation ranging from 65% to 90%. The Bill allows counties to supplement the salary of any attorney appointed by a district attorney and allows district attorneys to authorize up to $1,200 per year in additional compensation to the chief assistant district attorney to be paid from state funds. The Bill also requires the Department of Adminis trative Services to develop and update salary schedules and adopt and amend policies, rules, and regulations to govern the procedures for related personnel transactions.

The Bill also provides that a district attorney or a solicitor of a state court may, with the consent of the head of any department, agency, or in strumentality of state or local government, appoint an attorney regularly employed by such entity as a special assistant district attorney or special assistant solicitor. The entity would continue to pay the attorney's salary and either the entity or the county would be responsible for the attorney's travel and expenses.

The Department of Administrative Services (DOAS) has estimated that the new compensation system for the four classes of attorneys would cost approximately $362,000 in salary increases for the first year of imple mentation. This cost was calculated based on the 118 attorneys currently employed and the estimated salary increases for which they would qualify. DOAS has estimated that the provision for the $1,200 per year additional compensation for chief assistant district attorneys could cost up to $54,000 per year if all 45 districts appoint a chief assistant and allow the additional compensation. DOAS has also indicated that they would not incur any addi tional costs for the administrative functions required of them by this Bill.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senators Peevy of the 48th, Barnes of the 33rd and Greene of the 26th offered the following amendment:

Amend the substitute to HB 1038 offered by Senator Greene of the 26th as follows:
By striking from line 20 on Page 6 the word "or".

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By striking the period immediately following the word "Georgia" where it appears in line 22 on Page 6 and inserting in lieu thereof the following:
"; or service on a full-time basis as a third-year law student under Code Section 15-18-22."

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute offered by Senator Greene of the 26th, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen 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 Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Broun of 46th

Starr (presiding)

Walker

On the passage of the bill, the yeas were 52, nays 1.

WEDNESDAY, FEBRUARY 29, 1984

2765

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, as amended, by the requisite constitutional majority the following bill of the Senate:

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 following bill of the Senate was taken up for the purpose of considering the House action thereon:

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 Barker of the 18th moved that the Senate adhere to its disagreement to the House substitute to SB 346 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 346.

Senator Starr of the 44th, who was presiding at the direction of the President, appointed as a Conference Committee on the part of the Senate the following:

Senators Barker of the 18th, Kidd of the 25th and Bryant of the 3rd.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been

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JOURNAL OF THE SENATE

stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.

The House substitute to SB 23 was as follows:

A BILL
To be entitled an Act to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a mo tor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle until the expiration of a certain period of time following notification to the owner of the recovery of such motor vehicle; to provide for other matters relative to the foregoing; to provide for construction relative to the duties of the Georgia Crime Infor mation Center; 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 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, is amended by striking subsection (a) in its entirety and substitut ing in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of every law enforcement officer who re ceives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the department immediately after re ceiving such information, unless prior thereto information has been re ceived of the recovery of the vehicle or plates. It shall be the duty of any person who reports the theft of a motor vehicle to provide the law en forcement agency to which the report of theft was made and the depart ment with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle. The report shall be made to the department by reporting the loss or theft to the nearest State Patrol post. Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the department. It shall be the duty of the department or the recoverying law enforcement agency to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehi cle has been recovered, and the owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest. This require ment shall be included in the rules and regulations of the board promul gated pursuant to subsection (b) of this Code section. If, after a reasona ble attempt, the department or the recovering law enforcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and

WEDNESDAY, FEBRUARY 29, 1984

2767

p5o0s."ted in the record required to be maintained by Code Section 17-5-
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information Center as provided by paragraph (14) of Code Section 35-3-33."
Section 3. This Act shall become effective on September 1, 1983.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 43rd moved that the Senate agree to the House substitute as amended by the following amendment:

Amend the House substitute to SB 23 by striking on Page 3, line 6, "September 1, 1983" and inserting in lieu thereof, "July 1, 1984".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon orantleyr ,,, u Brown of 47th
Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis
Harris Harrison
Hil1
Hine Horton
Howard Huggins Kennedy Land Lester

McGill McKenzie Peevy Perry Phillips
Reddish Scott of 2nd
SCO" Of 36th
SS_ctuomttb,oafug4h3, rd
Tate Thompson Trulock Turner Tysinger

Those not voting were Senators:

Barker Broun of 46th Fincher
Greene

Holloway Hudgins Kidd

Starr (presiding) Timmons Walker

2768

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 23 as amended by the Senate.

The following general bills and resolutions of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 442. By Representative Williams of the 48th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties of property sold under tax executions, so as to authorize counties to purchase personal property sold under tax executions under certain conditions.
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 Barnes Bond Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard Huggins Kennedy Land Lester McGill

McKenzie
Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Barker Bowen Brantley Broun of 46th

Deal Holloway Hudgins Kidd

Starr (presiding) Stumbaugh Trulock

WEDNESDAY, FEBRUARY 29, 1984

2769

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Brannon Brantley Broun of 46th Brown of 47th CBoubrtbon
Coggin
Coleman Coverdell Dawkins Dean
English

Engram Fincher Foster Garner Gillis Harris Harnson HHiilnle
Holloway
Howard Kennedy Land Lester
McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott f 36th 0Scott o,f 4.3.r.d
Stumbaugh
* ate Thompson Timmons Turner
Walker

Those not voting were Senators:

Barker Bowen Bryant

Deal Greene Horton

Hudgins Huggins Kidd

2770

JOURNAL OF THE SENATE

Starr (presiding)

Trulock

Tysinger

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 445. By Senator Foster of the 50th:
A resolution urging the Department of Transportation to designate the Rob ert L. Anderson Bridge.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English Engram Fincher

Foster Garner Gillis Harris Harrison Hill Hine Holloway Howard Huggins Kennedy Land 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 not voting were Senators:

Barker Bond Bowen Broun of 46th

Dean Greene Horton

Hudgins Kidd Starr (presiding)

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 29, 1984

2771

HB 1416. By Representatives Manner of the 131st and Ramsey of the 3rd:
A bill to amend Code Section 43-1-5 of the Official Code of Georgia Anno tated, relating to investigators for state examining boards and the office of the joint-secretary, so as to repeal the provisions relating to bonds for inves tigators to carry firearms.
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 Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal English

Engram Foster Garner Gillis Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kennedy Land 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:

Barker Bowen Dean

Fincher Greene Horton

Kidd Phillips Starr (presiding)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2772

JOURNAL OF THE SENATE

SR 434. By Senator Dawkins of the 45th: A resolution creating the Senate Textbook Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hill Holloway Howard Hudgins Huggins Kennedy Land Lester

McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 43rd Stumbaugh Tate Thompson Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Bond Bowen Coleman

Harrison Hine Horton Kidd

Phillips Scott of 36th Starr (presiding) Walker

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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 of property not re turned for taxation.
Senate Sponsors: Senators Barnes of the 33rd and Hill of the 29th.

WEDNESDAY, FEBRUARY 29, 1984

2773

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of 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 Gillis Greene Harris Harrison Hill Hine Holloway Howard Hudgins Huggins Kidd

Land Lester McGill McKenzie
Peevy Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Tate Thompson Timmons
Trulock Turner Ty singer

Those not voting were Senators:

Dawkins Horton Kennedy

Perry Starr (presiding)

Stumbaugh Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SUPPLEMENTAL RULES CALENDAR

Wednesday, February 29, 1984

FORTIETH LEGISLATIVE DAY

HR 696 HB 1362 HB 298

Lawrence Patton McDonald Memorial Highway--designate (Trns--32nd)
Hotel-Motel Tax--change limitation on aggregate amount which may be levied (SUBSTITUTE) (B&F--42nd)
Limit authority to adopt rules on charging fees for services (SUB STITUTE) (FS&CA--33rd)

2774

JOURNAL OF THE SENATE

HB 893 HB 1364 HR 650

University System Chancellor--authorize to appear before General Assembly (H Ed--54th)
Public Safety Uniform Division--eligibility of armed forces members (Pub Saf--27th)
Pesticide Product--urge month and year of production on label (Ag--24th)

The following general bill of the House, having been read the third time on Febru ary 27 and committed to the Senate Committee on Banking and Finance, and favora bly reported by the committee, was put upon its passage:

HB 1362. By Representatives Bolster of the 30th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, so as to change the limita tion on the aggregate amount of taxes which may be levied on charges for rooms and lodging.
Senate Sponsors: Senators Howard of the 42nd and Coverdell of the 40th.

The Senate Committee on Banking and Finance offered the following substitute to HB 1362:

A BILL
To be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipali ties of an excise tax on charges to the public for rooms and lodging, so as to change the limitation on the aggregate amount of taxes which may be levied on charges for rooms and lodging; to provide conditions under which this Act shall become effective; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-13-51 of the Official Code of Georgia An notated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms and lodging, is amended by striking sub section (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The governing authority of each county and of each municipal ity in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the

WEDNESDAY, FEBRUARY 29, 1984

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fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a pe riod of five or more consecutive days for use by Georgia state or local government officials or employees when traveling on official business. No tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 9 percent of the charge to the public for the furnishings."
Section 2. (a) This Act shall become effective on January 1, 1985, only if an amendment to the Constitution levying an additional 1 percent state-wide sales and use tax is ratified at the 1984 general election.
(b) If this Act does not become effective pursuant to subsection (a) of this section, this Act shall become effective on the same date that any in crease in the state-wide sales and use tax becomes effective.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th BBruorwtonn of 47th
CCooglegminan Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison HHiilnl e
HHoolrltoown ay Howard Hudgins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Phillips D,M;OV, Sceo,,tt ohff 4,3,rd,
T*h?ompson Timmons Trulock Turner Tysinger Walker

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Trulock Turner

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Tysinger

Walker

Those not voting were Senators:

Barker Hill Holloway

Kennedy (presiding) McKenzie

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.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on SB 361 was as follows:
The Committee of Conference on SB 361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 361 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas R. Scott Senator, 43rd District
Beverly Engram Senator, 34th District
Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/&/ J. C. Maddox Representative, 7th District
/s/ Edwin G. Mullinax Representative, 81st District
/s/ Henry Bostick Representative, 138th District

WEDNESDAY, FEBRUARY 29, 1984

2779

Conference Committee substitute to SB 361:

A BILL
To be entitled an Act to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to filing a claim for compensation with the State Board of Workers' Compensation, so as to provide for the auto matic dismissal of applications for hearings if no hearing is scheduled for a period of five years; to provide for applicability; to amend Code Section 349-52 of the Official Code of Georgia Annotated, relating to compensation of board members, so as to provide for the compensation of the members of the State Board of Workers' Compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end of said Code sec tion a new subsection (d) to read as follows:
"(d) On or after July 1, 1984, any application for hearing filed with the board pursuant to this Code section for which no hearing is con ducted for a period of five years shall automatically stand dismissed."
Section 2. Code Section 34-9-52 of the Official Code of Georgia An notated, relating to compensation of board members, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board shall be as pro vided by law. The chairman of the board shall be compensated in the amount of $53,892.00 per annum. The other two members of the board shall each be compensated in the amount of $51,810.00 per annum."
Section 3. All laws and parts of law in conflict with this Act are repealed.

Senator Scott of the 43rd moved that the Senate adopt the Conference Committee report on SB 361.

On the motion, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes

Brown of 47th Bryant Coleman

Dean English Greene

2780
Howard Hudgins Kidd

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Lester Scott of 2nd

Scott of 43rd Walker

Those voting in the negative were Senators:

Bond
Bowen
Brannon Brantley
Broun of 46th Burton Cobb
Coggin Coverdell Dawkins
Deal Engram

Foster Garner Gillis Harris Harrison Hill Hine Horton Huggins Land
McGill
Peevy

Perry
Phillips Reddish
Scott of 36th Starr Stumbaugh Tate
Thompson Timmons Trulock
Turner Tysinger

Those not voting were Senators:

Fincher Holloway

Kennedy (presiding)

McKenzie

On the motion, the yeas were 16, nays 36; the motion was lost and the Senate rejected the Conference Committee report on SB 361.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 498. By Senators Deal of the 49th, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter S 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.

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2781

SB 108. By Senators Walker of the 19th, Horton of the 17th, English of the 21st and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail in criminal cases, so as to deny appeal bonds to con victed felons sentenced to serve three or more years.

The following bills of the House and Senate were taken up for the purpose of considering the Conference Committee reports thereon:

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.

The Conference Committee report on HB 940:
The Committee of Conference on HB 940 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 940 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ R. Tom Phillips Senator, 9th District
/s/ Max Brannon Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ Bob Holmes Representative, 28th District
/s/ Ward Edwards Representative, 112th District

Conference Committee 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 voters only be required to complete one registration card for municipal and county registration; to change certain procedures; to provide that municipalities not electing to use the county registration list shall be required to use forms provided by the Secretary of State; to provide that the county and municipal registrars shall exchange lists of electors; to provide that those electors not on both lists be

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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.

Senator Lester of the 23rd moved that the Senate adopt the Conference Commit tee report on HB 901.

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 Hine Horton Huggins 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 voting were Senators:

Hill Holloway

Howard Hudgins

Kennedy (presiding) Perry

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 901.

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 Conference Committee report on SB 319 was as follows: The Committee of Conference on SB 319 recommends that both the

WEDNESDAY, FEBRUARY 29, 1984

2791

Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 319 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Richard L. Greene Senator, 26th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Thomas B. Buck III Representative, 95th District
/s/ Calvin Smyre Representative, 92nd District

Conference Committee 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 amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital authorities, so as to limit the types of hospital authority meetings governed by Chapter 14 of Title 50 and Chapter 80 of Title 36, relating to the conduct of meetings of certain departments, agencies, boards, bureaus, municipalities, counties, commissions, and authorities; to limit the type of hospital authority records which shall be subject to Article 4 of Chapter 18 of Title 50, relating to inspection of public records; to provide that certain local governing authorities shall be entitled to disclosure of certain records and contracts; to provide for confidentiality; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 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:

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(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 as relates to the property transferred. Such distribution is author ized 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 administration 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 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. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital authorities, is amended by striking Code Section 31-7-96, relating to the construction of said article, in its en tirety and inserting in lieu thereof a new Code Section 31-7-96 to read as follows:
"31-7-96. This article, being necessary for the welfare of the citizens of the state, shall be liberally construed to effect the purposes hereof; and insofar as this article may be inconsistent with any other law, whether by charter of any political subdivision of the state or otherwise, this article shall be controlling. Notwithstanding any contrary provisions of Chapter 14 of Title 50 or Chapter 80 of Title 36, a hospital authority shall be deemed subject to such chapters only for those meetings of the full au thority at which final action is taken regarding the budget allocation of public moneys received by such authority from the county or municipal corporation of such authority's area of operation. Notwithstanding any contrary provisions of Article 4 of Chapter 18 of Title 50, only those

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2793

records of a hospital authority which reflect final action taken by the full authority regarding the budget allocation of public moneys received by such authority from the county or municipal corporation of such author ity's area of operation shall be subject to Article 4 of Chapter 18 of Title 50. Local governing authorities which provide funding for the operation of a hospital authority shall be entitled to disclosure of all financial records and contracts of such hospital authority, and all financial records furnished to a governing authority under this Code section shall be confi dential and shall not be disclosed to third parties."
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 Garner of the 30th moved that the Senate adopt the Conference Commit tee report on SB 319.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hill Hine Horton Howard 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 Tysinger Walker

Those not voting were Senators:

Holloway Hudgins

Kennedy (presiding)

McKenzie

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 319.

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JOURNAL OF THE SENATE

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.

The Conference Committee report on HB 1506 was as follows:
The Committee of Conference on HB 1506 makes the following recommendation:
That the Senate recede from its position and that HB 1506 as it passed the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Paul H. Trulock Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H. Colwell Representative, 4th District
/s/ Forest Hays, Jr. Representative, 1st District
/s/ Terry L. Coleman Representative, 118th District

Senator Garner of the 30th moved that the Senate adopt the Conference Commit tee report on HB 1506.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hill

Hine Horton Howard Huggins Land Lester McGill McKenzie Peevy Phillips Reddish Scott of 2nd Scott of 43rd

WEDNESDAY, FEBRUARY 29, 1984

2795

Stumbaugh Tate Thompson

Timmons Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barker Greene Holloway

Hudgins Kennedy (presiding) Kidd

Perry Scott of 36th Starr

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1506.

The following general bill and resolution of the House, favorably reported by the committee, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Hine of the 52nd.

Senators Bond of the 39th, Scott of the 36th, Coggin of the 35th and others of fered the following amendment to HB 1205:

Amend HB 1205 by striking from Page 1, line 13, the following:
"No. 15 and 16",
and inserting in Keu thereof the following:
"No. 15, 16, 28, and 34".
By adding between lines 11 and 12 of Page 6 the following:
" 'District No. 28 -- 1 Representative
Fulton Tract 76.02 Blocks 306 and 309 Tracts 77.01 and 77.02 Tract 80 Blocks 401, 402, and 404 through 410 Blocks 501 through 509 Tract 103 Block Group 1

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Blocks 211, 212, 214, 311 through 314, 316 through 321, and 323
Block Groups 4 through 8 Tract 105.05
Block Groups 1 and 9 Tract 113.02
Blocks 312, 401 through 405, 415, 420 through 438, and 501'
'District No. 34 -- 1 Representative
Fulton Tracts 60 through 62, 66.01, 66.02 and 76.01 Tract 76.02 Block Groups 1 and 2 Blocks 301 through 304, 308, 310, and 311 Tract 80 Block Groups 1, 2, and 3 Block 403 Block 510 Block Group 6 Tract 81.01'"

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 Fincher Foster Gillis Harris Harrison Hill Hine Horton Howard Hudgins

Muggins Land Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Stumbaugh Tale Thompson

WEDNESDAY, FEBRUARY 29, 1984

2797

Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Garner Greene

Holloway Kennedy (presiding)

Kidd Scott of 36th

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 President resumed the Chair.

HR 696. By Representatives Wilson, Thompson and Cooper of the 20th and others:
A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.
Senate Sponsor: Senator Thompson of the 32nd.

Senator Perry of the 7th offered the following substitute to HR 696:

A RESOLUTION
Authorizing and directing the Department of Transportation to desig nate Interstate Highway 75 from the Chattahoochee River northward to the Cobb County boundary line as the Larry McDonald Memorial Highway; designating the developmental highway, known as "Corridor Z," as the "Sun Belt Parkway"; and for other purposes.
WHEREAS, the Honorable Larry McDonald was born in DeKalb County, Georgia, on April 1, 1935; and
WHEREAS, he was educated in Georgia schools, received a doctorate in medicine from Emory University in 1957, and served his residency at Grady Memorial Hospital; and
WHEREAS, he served in his country's armed forces as a navy overseas flight surgeon from 1959 to 1961; and
WHEREAS, for many years he made his home in Cobb County, prac ticing medicine and serving in positions of honor and trust, which included membership on the State Medical Education Board, the National Historical Society, and the Cobb County Chamber of Commerce; and

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WHEREAS, from January 1, 1975, until his untimely death aboard Korean Airlines Flight 007 on September 1, 1983, Larry McDonald served as a Representative from the Seventh United States Congressional District and as such he eloquently articulated the concerns of his fellow citizens; and
WHEREAS, Representative McDonald's tragic death as the result of a des picable, indefensible act of barbarism by a totalitarian regime has deprived the State of Georgia of one of its most outstanding native sons; and
WHEREAS, the State of Georgia wishes to preserve the memory of the sacrifice and service of this able and outstanding Georgian and it is only appropriate that the Stale of Georgia honor posthumously Larry McDonald by naming a portion of an interstate highway system in his memory; and
WHEREAS, the economic development of any community or geographic area is in great measure dependent upon the quality of the surface transpor tation 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 conven ient 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 transpor tation facilities as all such major facilities have a North-South orientation; 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 ben eficial impact on the economies of communities of South Georgia and, thus, on the economy of the entire state, including Georgia's ports at Brunswick 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
WHEREAS, the developmental highway, when completed, will include im proved segments of several federal and state highways and, thus, unlike in terstate 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 major significance; and

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2799

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 "Sun Belt Parkway."
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Department of Transportation is author ized and directed to designate Interstate Highway 75 from the Chattahoochee River northward to the Cobb County boundary line as the Larry McDonald Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transporta tion is authorized and directed to erect appropriate signs at appropriate lo cations to reflect the designation provided in this resolution.
BE IT FURTHER RESOLVED that the developmental highway from Columbus, Georgia, to Brunswick, Georgia, known as "Corridor Z", is des ignated as the "Sun Belt 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 "Sun Belt Parkway," effective July 1, 1986.
BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.

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 adoption of the resolu tion, was agreed to by substitute.

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 Bowen
Brannon Brantley Brown of 47th
Bryant Burton Cobb

Coggin Dawkins
Dean English Engram
Fincher Garner Gillis

Harris Harrison
Hine Horton Hudgins
Huggins Kennedy Kidd

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Land Lester McGill Perry
Phillips

Reddish Starr Tate Thompson
Timmons

Trulock Turner ,,. Tysmger
Walker

Those voting in the negative were Senators:

Bond Broun of 46th Deal

Foster Peevy

Scott of 43rd Stumbaugh

Those not voting were Senators:

Barker Barnes Coleman Coverdell

Greene Hill Holloway Howard

McKenzie Scott of 2nd Scott of 36th

On the adoption of the resolution, the yeas were 38, nays 7.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the Houe substitute thereto:

SB 108. By Senators Walker of the 19th, Horton of the 17th, English of the 21st and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail in criminal cases, so as to deny appeal bonds to con victed felons sentenced to serve three or more years.

The House substitute to SB 108 was as follows:

A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to delete provisions relating to termination of appeal bonds when the right to appeal terminates; to deny appeal bonds to certain convicted felons; to provide for the allowance of ap peal bonds for persons sentenced to serve less than seven years; to provide that a person who has been previously convicted under the laws of another

WEDNESDAY, FEBRUARY 29, 1984

2801

state or of the United States shall be punished in the same manner as a person previously convicted of a felony in this state; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety subsection (d) of Code Section 17-6-1, relating to bail in criminal cases, which reads as follows:
"(d) Appeal bonds shall terminate when the right of appeal termi nates, and such bonds shall not be effective as to any petition or applica tion for writ of certiorari unless the court in which the petition or appli cation is filed so specifies.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) No appeal bond shall be granted to any person who has been convicted of murder, rape, armed robbery, kidnapping, or aircraft hi jacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the con victing court. Appeal bonds shall terminate when the right of appeal ter minates, and such bonds shall not be effective as to any petition or appli cation for writ of certiorari unless the court in which the petition or application is filed so specifies."
Section 2. Said title is further amended by striking in its entirety sub section (a) of Code Section 17-10-7, relating to punishment of criminals who have been previously convicted of felonies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he stands convicted, pro vided that, unless otherwise provided by law, the trial judge may, in his discretion, probate or suspend the maximum sentence prescribed for the offense."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 19th moved that the Senate agree to the House substitute to SB 108.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brannon Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Deal Dean

English Engram Fincher Foster Gillis Harris Harrison Hill Hine Howard Huggins Kidd Land

tester McGill McKenzie Perry Phillips Reddish Scott of 36th Starr Thompson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Dawkins and Peevy.

Those not voting were Senators:

Bond Bowen Brown of 47th Coverdell Garner

Greene Holloway Horton Hudgins Kennedy (presiding)

Scott of 2nd Scott of 43rd Stumbaugh Tate Timmons

On the motion, the yeas were 39, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 108.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:

Amendment No. 1: Amend SB 426 as follows: On Page 4, line 21,

WEDNESDAY, FEBRUARY 29, 1984

2803

delete the word "immediately" and reinsert the words "within ten"; On Page 4, line 22,
reinsert the words "days of notification of such determination." Amendment No. 2:
Amend SB 426 by striking from line 9, Page 2 "or regulation" and by striking from line 3, Page 5 "or regulation".

Senator Broun of the 46th moved that the Senate disagree to the House amend ments to SB 426.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 426.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 298. By Representatives Milford and Clark of the 13th:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, known as "The Municipal Home Rule Act of 1965," so as to limit the authority of the largest municipal corporation of a county with a population of not less than 74,400 and not more than 74,600 to adopt ordi nances, rules, and regulations relating to the charging of fees for certain municipal services.
Senate Sponsor: Senator Barnes of the 33rd.

The Senate Committee on Federal, State and Community Affairs offered the fol lowing substitute to HB 298:

A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that any county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census shall be vested with the powers, rights, and privileges of a municipal corporation within such unincorporated area; to provide that revenues produced by any such county through the exercise of the powers of a municipal corporation within the unincorporated area shall be expended only within such unincor porated area; to provide that the unincorporated area of any such county shall constitute a special district for such purposes; to provide that the gov ernmental immunity of any such county shall not be waived by the exercise of municipal powers; to provide for other matters relative to the foregoing;

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JOURNAL OF THE SENATE

to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia An notated, relating to general provisions applicable to counties, is amended by adding at the end thereof a new Code Section 36-1-20 to read as follows:
"36-1-20. (a) This Code section shall apply only to each county of this state having a population within the unincorporated area thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census. As used in this Code section, the term 'urban county' means only those counties to which this Code section is applicable.
(b) Each such urban county is vested with the powers, rights, and privileges of a municipal corporation within the unincorporated area of such county. Such powers shall include all powers, rights, and privileges granted to municipal corporations by the Constitution and general laws of this state.
(c) The governing authority of each urban county is vested with the power to provide any governmental service within its unincorporated area that municipal corporations are authorized to provide by the Constitution and general laws of this state.
(d) When the governing authority of an urban county exercises its powers of a municipal corporation to impose and collect fees, charges, and taxes within its unincorporated area, the revenues so produced shall be accounted for separately from other revenues produced by the gov erning authority of the urban county in its capacity as a county govern ment. Revenues produced by the governing authority of an urban county within its unincorporated area through the exercise of its powers as a municipal corporation shall be expended to provide governmental services only within the unincorporated area.
(e) For the purposes of this Code section, the unincorporated area of an urban county shall constitute a special district within the meaning of Article IX, Section II, Paragraph VI of the Constitution of Georgia.
(0 Nothing in this Code section shall be construed as a waiver of the governmental immunity of any such urban 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.

WEDNESDAY, FEBRUARY 29, 1984

2805

Senators Barnes of the 33rd and Allgood of the 22nd offered the following substi tute to HB 298:

A BILL
To be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions concerning development authorities, so as to change the definition of the term "project" whenever used in connection with hotel and motel facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-62-2 of the Official Code of Georgia An notated, relating to definitions concerning development authorities, is amended by striking division (6)(H)(vi) of said Code section in its entirety and substituting in lieu thereof a new division (vi) to read as follows:
"(vi) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with or adjacent to airports, state and local parks, permanent fair sites, conven tion, sports, or trade show facilities. No project as defined by this division shall be exempt from any ad valorem taxation;".
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 to HB 298 offered by the Senate Committee on Federal, State and Community Affairs, the yeas were 0, nays 31, and the committee substitute was lost.

On the adoption of the substitute offered by Senators Barnes of the 33rd and Allgood of the 22nd, the yeas were 30, nays 0, and 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 Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Deal Dean

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JOURNAL OF THE SENATE

English Engram Fincher Fster
Greene HaTriT Harrison Hill Hine Howard

Hudgins Huggins Kidd Lester
McGill McKenzie Peevy Perry Phillips Reddish

Scott of 2nd Scott of 36th Scott of 43rd Starr
Stumbaugh Tate Thompson Trulock Turner Tysinger

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Bond Bowen Garner

Holloway Horton Kennedy (presiding)

Land Timmons Walker

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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 498 was as follows:

A BILL
To be entitled an Act to amend Code Section 45-5-3 of the Official Code of Georgia Annotated, relating to filling vacancies in certain offices, so as to provide for special elections to fill vacancies for the unexpired term in certain elective public offices under certain circumstances; to provide for other matters relative thereto; to amend Code Section 2-2-3 of the Official Code of Georgia Annotated, relating to the term of office and filling vacan cies in the office of the Commissioner of Agriculture, so as to delete the provision relative to filling a vacancy; to amend Code Section 34-2-3 of the

WEDNESDAY, FEBRUARY 29, 1984

2807

Official Code of Georgia Annotated, relating to the election, term of office, and filling a vacancy in the office of Commissioner of Labor, so as to delete the provision relative to filling a vacancy; to repeal Code Section 45-14-10 of the Official Code of Georgia Annotated, relating to the Comptroller General leaving office and the filling of vacancies in said office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-5-3 of the Official Code of Georgia Anno tated, relating to filling vacancies in certain offices, is amended by striking said Code section, which reads as follows:
"45-5-3. In all cases where the office of Governor, Senator, Repre sentative, Justice of the Supreme Court, Judge of Court of Appeals, judge of the superior court, Attorney General, district attorney, Secre tary of State, Comptroller General, judge of the probate court, sheriff, clerk of the superior court, tax collector, tax receiver, county treasurer, county surveyor, or coroner shall become vacant by resignation, death, or the removal of the officer before the expiration of his term, the successor to said officer shall be elected or appointed only for the remainder of the unexpired term.",
in its entirety and substituting in lieu thereof a new Code Section 45-5-3 to read as follows:
"45-5-3. (a) In those instances where the law applicable to an elec tive public office does not provide for filling a vacancy in such office and the Governor fills such vacancy pursuant to the authority of Article V, Section II, Paragraph VIII, subparagraph (a) of the Constitution and in those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I, subpara graph (a) of the Constitution, the vacancy shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a term of office, the Governor shall appoint a person to fill such vacancy for the remainder of the unexpired term of office; or
(2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the Governor shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election provided for in subsection (b) of this Code section.
(b) When a special election is required to fill a vacancy for the unexpired term of office as provided by paragraph (2) of subsection (a) of this Code section, such special election shall be held on the same date as the general election which is first held following the date of the vacancy.
(c) It shall be the duty of the appropriate state or local election officials to call and conduct the special elections required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21, known as the 'Georgia Election Code.' Any person elected to fill a vacancy pursuant to subsection (b) of this Code section

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JOURNAL OF THE SENATE

shall possess the qualifications to seek and hold such office provided by law applicable to the office wherein the vacancy occurred.
(d) The provisions of this Code section shall not apply to a vacancy which occurs in any elective office of a municipality of this state."
Section 2. Code Section 2-2-3 of the Official Code of Georgia Anno tated, relating to the term of office, removal, and filling a vacancy in the office of Commissioner of Agriculture, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 22-3 to read as follows:
"2-2-3. The term of office of the Commissioner shall be for four years or until his successor is elected and qualified, unless he is removed in the manner prescribed by law for the removal of officers of the state government."
Section 3. Code Section 34-2-3 of the Official Code of Georgia Anno tated, relating to the election, term of office, and filling a vacancy in the office of Commissioner of Labor, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for four years."
Section 4. Code Section 45-14-10 of the Official Code of Georgia An notated, relating to the Comptroller General leaving office and the filling of vacancies in said office, which reads as follows:
"45-14-10. If the Comptroller General shall resign or be removed, he shall immediately state his account and deliver everything pertaining to his office to his successor; or if he shall die, abscond, or absent himself for as long as 30 days without the Governor's permission, the Governor may, without delay, declare the office vacant, fill his place by appoint ment, examine the condition of his office, and deliver it over to the appointee.",
is repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 498.

On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 29, 1984

2809

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 Horton Howard Hudgins Huggins Land

Those not voting were Senators:

Lester McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger

Holloway Kennedy (presiding)

Kidd Timmons

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 498.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 6:30 o'clock P.M. until 7:00 o'clock P.M.

At 7:00 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

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JOURNAL OF THE SENATE

SB 248. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure.

The House adheres to its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:
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.
The Speaker has appointed on the part of the House:
Representatives Watson of the 114th, Coleman of the 118th and Daugherty of the 33rd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected Conference Committee report #1 on the following bill of the Senate:
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 following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
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.

WEDNESDAY, FEBRUARY 29, 1984

2811

The Conference Committee report on HB 1045 was as follows:
The Committee of Conference on HB 1045 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1045 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ A.L. Burruss Representative, 20th District
/s/ L.L. "Pete" Phillips Representative, 120th District

Conference Committee substitute to HB 1045:

A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1984, and ending June 30, 1985; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, po litical subdivisions and for all other governmental activities, projects and un dertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1984, and ending June 30, 1985, as pre scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,302,000,000 for State fiscal year 1985.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch ............ $ 16,003,408

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JOURNAL OF THE SENATE

Operations ............................. $ 16,003,408

Total Funds Budgeted ................... $ 16,003,408

State Funds Budgeted

$ 16,003,408

Budget Unit Object Classes: Operations ............................. $ 16,003,408

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.

WEDNESDAY, FEBRUARY 29, 1984

2813

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

$ 6,498,828
7,732,000 7,732,000 6,168,828
350,000 350,000 350,000
7,732,000 350,000 31 175

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.
Budget Unit: Supreme Court .
Court Operations............ Appellate Court Reports .....

$ 3,137,274
2,941,874 195,400

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, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
This appropriation contains funding for a four per cent cost-of-living increase for the justices, effective July 1, 1984.
Provided, however, that the sum of $43,000 shall be allocated for the development of uniform rules.

Section 4. Court of Appeals. Budget Unit: Court of Appeals.....

3,346,132

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JOURNAL OF THE SENATE

For the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement con tributions of judges and employees of the Court.
This appropriation contains funding for a four per cent cost-of-living increase for the judges, effective July 1, 1984.

Section 5. Superior Courts.
Budget Unit: Superior Courts ....
Operation of the Courts ......... Prosecuting Attorneys' Council . . . Sentence Review Panel.......... Council of Superior Court Judges Judicial Administrative Districts . . Habeas Corpus Clerk ...........

$ 25,981,249
24,752,759 504,236 112,421 40,000 551,398 20,435

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law.
For payment of salaries, mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 1710-6, the Council of Superior Court Judges, and the Judi cial Administrative Districts created by Code Section 155-2. For the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judi cial Council.
Provided, however, that the listed appropriation shall be increased by the amount of $33,000 per annum for each additional Judge Emeritus position established dur ing the fiscal year, and by the amount of $23,000 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 $112,500 per annum for each judgeship created by law during the Regular Session of the General Assembly immediately preceding this State Fiscal Year.
Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges

WEDNESDAY, FEBRUARY 29, 1984

2815

with less than five years of experience to attend the Judi cial College.

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............$

116,930

For the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 7. Institute of Continuing Judicial Educa tion.
Budget Unit: Institute of Continuing Judicial Education ............................. $
Institute's Operations ..................... $ Georgia Magistrate Courts Training Council . $

263,924
247,659 16,265

For the cost of staffing and operating the Institute of Continuing Judicial Education, and the Georgia Magis trate Courts Training Council created by Code Section 15-10-132.

Section 8. Judicial Council.
Budget Unit: Judicial Council.............. $
Council Operations ....................... $ Payments to Judicial Administrative Districts
for Case Counting...................... $ Board of Court Reporting ................. $

549,212
465,150
65,000 19,062

For the cost of operating the Judicial Council of the State of Georgia and the Administrative Office of the Courts created by Code Sections 15-5-20 and 15-5-22.
For the cost of operating the Board of Court Report ing of the Judicial Council created by Code Section 1514-24.

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ........................... $

101,168

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JOURNAL OF THE SENATE

For the cost of operating the Judicial Qualifications Commission.

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services............................... $ 32,155,158

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

252,193 6,551 2,600
105
15,593 3,670 15,000 295,712 295,712
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

1,359,482 113,666 14,545 --^0-- 12,000 1,300 23,600 231,927 23,825 ---0--
400,000
884,865
850,000 3,915,210 3,915,210
42

3. Treasury and Fiscal Administration Budget:

Personal Services ......................... $ 1,044,680

WEDNESDAY, FEBRUARY 29, 1984

2817

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. .... $ State of Georgia General Obligation Debt
Sinking Fund .......................... $ Public Safety Officers Indemnification Fund .. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

24,480 6,000 --0-- 9,500
336 6,029,258
79,050 18,273 ---0-- 11,552
1,060,000 608,800
8,891,929 5,850,229
29

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

$ 286,580

$ 394,814

$

$

$

$

1,450

$

4,000

$

69,324

$

$

800

$ 6,517,830

$

$ 7,274,798

$ 7,274,798

$

15

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

1,377,682 94,447 9,650
247,700 199,749 36,085
2,012,613 2,012,613
50

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JOURNAL OF THE SENATE

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

322,493 5,950 6,550 --0--
10,300 200
25,800
40,734 37,654 --0--
449,681 449,681
--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

298,385 7,288 4,000 --0-- 400 --0-- 4,000 25,650 6,119 --0-- --0--
345,842 345,842
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--
July 1, 1984

17,518,396 1,275,200
60,000 --0-- 51,000 160,000 164,400 18,952,636 1,697,677 314,731 1,981,700 132,000 42,307,740 42,307,740 13,669,742
590

WEDNESDAY, FEBRUARY 29, 1984

2819

Total Positions Budgeted--

June 30, 1985

573

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

434,980 1,433,020
--0--
208,000 ---0-- 4,500 ---Q--
720 --0-- 2,500
2,083,720 2,083,720
--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

2,820,702 356,011 11,000 89,000 59,000 60,875 208,800 192,951 --0-- 5,000
29,441,872 33,245,211 33,245,211 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 .................... $

1,573,021 1,566,650
--4)-- 20,000 --0-- 112,000 ---0-- 177,312 --0-- 975,000 --0-- 4,423,983 4,423,983 --0--

2820

JOURNAL OF THE SENATE

Total Positions Budgeted
12. Surplus Property Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. Mail and Courier Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted
14. Risk Management 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 .................... $

70
809,945 275,980 24,400
--0-- 17,500 2,700 --0-- --0-- 14,217 25,000 12,000 30,263 1,212,005 --0--
40
181,795 123,539
--0-- --0-- --0--
200 --0-- 11,997 --0-- --0-- --0-- 317,531 317,531 --0--
10
681,016 45,078 33,500 8,000 3,800
1,800 87,500 69,378 13,665 --0-- 25,000 968,737 968,737 --0--

WEDNESDAY, FEBRUARY 29, 1984

2821

Total Positions Budgeted

25

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

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. ..... $ State of Georgia General Obligation Debt
Sinking Fund .......................... $ 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--
July 1, 1984
Total Positions Budgeted-- June 30, 1985
Authorized Motor Vehicles

28,961,350 5,722,674 172,245 325,000 210,905 345,361 6,795,058 2,812,062 468,239 258,110 18,952,636 30,263 11,552
1,060,000 1,981,700
400,000
850,000
884,865 29,441,872 7,517,830
608,800
1,030
1,013 286

It is the intent of this General Assembly that the Of fice of Planning and Budget and all other agencies of

2822

JOURNAL OF THE SENATE

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 ................................... $

449,681
40,137,998 2,083,720 33,245,211 4,423,983 80,340,593

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service.
Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Ser vices.
Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or leasepurchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.
B. Budget Unit: Georgia Building Authority .... $
Georgia Building Authority Budget:
Personal Services...................... Regular Operating Expenses ............ Travel ............................... Motor Vehicle Equipment Purchases ..... Publications and Printing............... Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Authority Lease Rentals .................. $ Utilities .................................$ Payments to DOAS for General Obligation
Debt Sinking Fund ..................... $

13,120,865 3,017,000
4,000 8,000 22,000 92,720
43,737 70,900 113,000 400,000 829,600 6,512,000
1,060,000

WEDNESDAY, FEBRUARY 29, 1984

2823

Facilities Renovations and Repairs .......... $ Total Funds Budgeted .................... $
State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

25,293,822

The expenditure object amounts displayed above re present the budget unit object totals.
The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authori ties of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Section 11. Department of Agriculture.

A. Budget Unit: Department of Agriculture..... $ 24,047,493

State 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 ............. $ Market Bulletin Postage .................. $ Payments to Athens and Tifton Veterinary
Laboratories ........................... $ Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton ................... $ Veterinary Fees.......................... $ Indemnities.............................. $ Bee 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 Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

21,334,696 2,114,343
825,850 385,049 497,760 106,118 157,063 593,257 332,409 257,272 526,000
1,473,188
1,191,357 510,000 58,000 17,000 95,000
286,000
275,000
60,000 31,095,362 24,047,493
897

2824

JOURNAL OF THE SENATE

Authorized Motor Vehicles

259

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Agriculture Functional Budgets

Total Funds

Plant Industry .......... $ 4,427,885

Animal Industry ........ $ 4,894,872

Marketing .............. $ 1,455,332

General Field Forces .... $ 2,662,115

Internal Administration . . $ 2,940,686

Information and Education $ 1,144,011

Fuel and Measures ...... $ 1,949,963

Consumer Services ...... $ 871,368

Consumer Protection

Field Forces .......... $ 3,874,069

Meat Inspection ......... $ 3,358.608

Major Markets ......... $ 3,264,447

Seed Technology ........ $ 226,751

Undistributed ........... $

25,255

Total .................. $ 31,095,362

State Funds

Pos.

$ 3,877,940

167

$ 4,543,993

54

$ 1,442,332

40

$ 2,662,115

109

$ 2,870,202

56

$ 1,144,011

9

$ 1,945,963

71

$ 871,368

27

$ 3,075,656

128

$ 1,339,265

122

$ 249,393

106

$

---0--

8

$ 25,255

0

$ 24,047,493

897

Provided, that of the above appropriation relative to Regular Operating Expenses, $55,000 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

WEDNESDAY, FEBRUARY 29, 1984
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 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

2825
482,110 110,093
6,903 20,030 7,964 4,015 --0-- 6,900 28,800

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of pro viding a retirement plan for its employees.

Section 12. 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, Fee and Contracts .............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,837,992
3,153,969 137,610 275,000 61,350 13,830 7,100 4,895 143,200 39,038 2,000
3,837,992 3,837,992
102 21

2826

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.

Section 13. Department of Community Affairs.

A. Budget Unit: Department of Community Affairs................................ $ 5,561,394

State 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 ............. $

Capital Felony Expenses .................. $

Contracts with Area Planning and Development

Commissions .......................... $

Local Assistance Grants................... $

Appalachian Regional Commission Assessment $

Community Development Block Grants

(Federal) ............................. $

Juvenile Justice Grants (Federal) ........... $

Grant--Richmond County ................. $

Economic Development Grants ............. $

Payment to Georgia Development Authority. . $

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgeted

Authorized Motor Vehicles

3,981,084 146,310 185,150 --0-- 62,400 950 25,000 255,708 99,948
53,971,040 50,000
1,282,500 557,480 91,027
36,000,000 1,000,000 100,000 155,000 350,000
98,313,597 5,561,394
118 7

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Community Affairs Functional Budgets

Total Funds Executive and
Administrative ........ $ 3,072,712 Technical Assistance..... $ 2,049,435 Community and Economic
Development..........! 37,319,242 Intergovernmental Assis
tance ................ $ 868,778 Job Training Partnership
Act ................. $ 55,000,000

State Funds

Pos.

$ 2,999,312

18

$ 964,835

26

$ 926,796

30

$ 667,021

17

$

--0--

27

WEDNESDAY, FEBRUARY 29, 1984

2827

Undistributed Total .......

3,430 98,313,597

3,430

5,561,394

118

It is the intent of this General Assembly, that the
Department of Community Affairs is authorized and di rected to expend a portion of available Job Training Part nership Act funds for supplementing and expanding ex isting or new Quick Start programs.

Provided, however, that of the above appropriation, $100,000 is designated and committed for Richmond County to contract with Paine College for a study and development of a proposed Center for Performing Arts.

B. Budget Unit: Georgia Residential Finance Authority ............................. $

1. 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

I,802,630 232,966 69,814 51,800 57,724 39,925 32,799 139,031 74,652 217,774
II,000,000 500,000
14,219,115
82 29

2. Georgia 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 ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

215,000 5,500 8,000
20,000 15,000 7,000 70,000 350,000 --0--
4

2828

JOURNAL OF THE SENATE

Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. S 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

2,01 7,630 238,466 77,814 51,800 67,224 39,925 52,799 154,031 81,652 287,774
11,000,000 500,000
14,569,115 -- 0-- 86 29

Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General $
Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ S Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

7,076,678
6,013,459 308,957 174,500 70,000 125,866 30,918 313,020 469,325 114,377 12,250
7,632,672 7,076,678
239 57

The expenditure object amounts displayed above re present the budget unit object totals.

Office of Comptroller General Functional Budgets

Total Funds Internal Administration .. $ 1,013,853 Insurance Regulation . ... $ 1,939,914 Industrial Loans
Regulation ........... $ 479,296 Information and
Enforcement ..........$ 1,331,745

State Funds

Pos.

$ 1,013,853

20

$ 1,833,920

56

$ 479,296

13

$ 1,331,745

45

WEDNESDAY, FEBRUARY 29, 1984

2829

Fire Safety and Mobile Home Regulations ..... $
Undistributed ........... $ Total .................. $

2,850,971 16,893
7,632,672

2,400,971

105

16,893

0

7,076,678

239

Section 15. 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 ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3. Georgia Air National Guard Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $

3,239,892
818,496 67,075 6,948 9,800 3,450 10,600
2,059 10,000
928,428 799,727
21
1,018,713 114,334 35,453 --0-- 21,806 11,500 --0-- 6,160 41,768 80,500 24,100 40,000
64,473
--0-- 1,458,807
537,318 36
1,276,244 302,108

2830

JOURNAL OF THE SENATE

Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Utilities................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
4. Georgia Army National Guard Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Capital Outlay........................... $ Georgia Military Institute Grant ........... $ Grants to National Guard Units............ $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities ....... .......................... $ Military Assistance to
Safety and Traffic Grant ................ $ National Guard Units Grants .............. $ Georgia Military Institute Grant ........... $ Civil Air Patrol Contract.................. $ Capital Outlay ........................... $

2,353,012 314,551 56
1,752,089 659,110 3,700 9,000 14,300 17,810 --0-- --0-- 23,531 9,000 629,545 --0-- 18,000 435,000 197,000
3,768,085 1,588,296
83
4,865,542 1,142,627
46,401 18,800 40,156 39,910 --0-- 6,160 67,358 99,500 1,427,405
--0-- 435,000
18,000 40,000 --0--

WEDNESDAY, FEBRUARY 29, 1984
Local Civil Defense Grants-- Project Application ..................... $
Local Civil Defense Grants--Training ...................... $
Repairs and Renovations .................. $ Total Positions Budgeted Authorized Motor Vehicles

2831 64,473

Section 16. State Board of Education--De partment of Education.

A. Budget Unit: Department of Education ...... $1,638,228,341

Operations:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$
Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $
Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $
Per Diem, Fees and Contracts ............. $ Utilities .................................$

18,785,785 1,936,975 863,885
---0-- 567,400 196,500
825,300 2,015,760
520,596
5,096,765 53,540

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 684,970,695
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 119,743,026
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 29,438,121
Salaries of Student Supportive Personnel.................. $ 29,646,771
Salaries of Administrative and Supervisory Personnel................. $ 78,551,099
Special Education Leadership Personnel ................. $ 3,492,955
Instructional Media..................... $ 20,269,194 Instructional Equipment................. $ 702,582 Maintenance and Operation.............. $ 96,790,385 Sick and Personal Leave ................ $ 5,630,332 Travel ................................$ 1,030,454 Pupil Transportation--
Regular............................. $ 87,894,111 Isolated Schools........................ $ 602,041

2832

JOURNAL OF THE SENATE

Non-APEG Grants:
Education of Children of Low-Income Families ....
Teacher Retirement ..... Instructional Services for
the Handicapped ..... Preparation of Professional
Personnel in Education of Handicapped Children . Tuition for the Multihandicapped ............. Severely Emotionally Disturbed ............... Compensatory Education School Lunch (Fed.) ..... School Lunch (State) ....... Supplemental Education Centers and Services...... Staff Development.......... Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification ....... Cooperative Educational Service Areas............ Superintendents Salaries. .... High School Program ....... Area School Program ..... Career Education ......... Junior College Program .... Refugee Children Transition Act ........... Quick Start .............. Nutrition Education ........ Special Projects ............ Job Training and Partnership Act .......... 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 . . . Health Insurance --Non Certificated Personnel..... Teacher Health Insurance-- Retired Teachers ......... Capital Outlay.............

$ 78,364,380 $ 129,521,361
$ 22,688,125

$ 1,172,000
$ 17,530,409 $ 18,093,010 $ 94,136,740 $ 18,083,177
800,000

$ 3,898,856

$ $$

4,233,967 5,394,221 32,709,144

$ 66,679,865

$

--0--

$ 2,493,647

$$

--0-- 2,800,000

$ 7,000,000

$ 366,540 $ 3,238,917

4,780,493
3,673,134 671,240
2,816,840 2,061,822
9,770,377 39,819,623

$ 11,300,000

$ 7,807,000

$

55,000

WEDNESDAY, FEBRUARY 29, 1984

2833

Grants to Local School

Systems for Educational

Purposes ............................ $ 78,000,000

Area Vocational-Technical

School Construction .................. $ 200,000

Salaries of Extended

Pre-School Personnel.................. $ 13,183,895

Child Care Lunch

Program (Federal) ................... $ 13,000,000

Chapter II--Block Grant

Flow Through ......................... $ 8,702,655

Total Funds Budgeted .................... $1,794,520,705

Indirect DOAS Services

Funding .............................. $ 340,000

State Funds Budgeted .................... $1,638,228,341

Total Positions Authorized

638

Authorized Motor Vehicles

6

The expenditure object amounts displayed above re present the budget unit object totals.

Education Functional Budgets

Total Funds

State Funds

Pos.

Instructional Services .... $ 6,593,565 $ 3,949,134

164

Governor's Honors

Program .............

770,177

$

755,177

2

Vocational Education ....

5,697,910 $ 2,245,403

93

Public Library Services.. .

1,762,369 $ 886,999

42

State Administration .....

1,901,082 $ 1,512,857

31

Administrative Services. . .

8,413,348 $ 5,501,061

198

Planning and Development

5,270,268 $ 4,508,879

97

Professional

Standards Commission . $ 136,415 $ 136,415

Vocational Advisory Council .............. $ 143,886 $

_o_

Professional

Practices Commission . . $ 386,402 $ 386,402

7

Local Programs ......... $1,763,445,283 $1,620,346,014

0

Undistributed ...........

0

Total .................. $1,794,520,705 $1,638,228,341

638

Provided, that of the above appropriation relative to the Quick Start program, $150,000 is specifically appro priated as matching funds for training in the Chatham County area.

B. Budget Unit: Institutions .......

$ 17,693,524

2834

JOURNAL OF THE SENATE

Institutional Operations:
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 Authorized Motor Vehicles

15,201,998 2,462,655
42,165 66,500 14,060 353,715 19,000 109,501 128,700 1,746,610 --0-- 20,144,904 17,693,524
683 80

The expenditure object amounts displayed above re present the budget unit object totals.

Institutions Functional Budgets

Total Funds

Georgia Academy for

the Blind............. $ 3,721,487

Georgia School for

the Deaf ............. $ 6,212,823

Atlanta Area School

for the Deaf.......... $ 2,681,917

North Georgia

Vocational-Technical

School ...............$ 4,130,987

South Georgia

Vocational-Technical

School ............... $ 3,397,690

Undistributed ........... $

--0--

Total .................. $ 20,144,904

State Funds

Pos.

$ 3,439,319 148

$ 5,910,371

246

$ 2,498,804

94

$ 3,105,633

104

$ 2,739,397

91

$

--0--

0

$ 17,693,524 683

C. Budget Unit: Board of Postsecondary Vocational Education ............................. $

214,144

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 ...................... $

320,458 12,799 13,200 --0-- 7,000 1,500 20,000 34,875

WEDNESDAY, FEBRUARY 29, 1984
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
The expenditure object amounts displayed above re present the budget unit object totals.
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 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 $12,568 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

2835
9,000 55,000 473,832 214,144
9

2836

JOURNAL OF THE SENATE

(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, 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); Code Section 20-2-160 and Code Section 202-159.
Provided, that of the above appropriation for $800,000 for Staff Development, $80,000 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 20-2-18 l(d) (2) for salaries, funds may be moved between said Sections by an amendment to the an-

WEDNESDAY, FEBRUARY 29, 1984

2837

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, $18,093,010 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 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. 1985 entitle ments were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total state entitle ment of $40 million for S.F.Y. 1985.
Provided, that of the funds appropriated for the High School Program, Comprehensive High Schools or Vocational Schools may use funds for the purpose of re pairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.

Section 17. 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 ............. $

10,467,714
683,021 13,623 8,500 --0-- 20,000 4,500 146,447 74,046 12,318
436,800

2838

JOURNAL OF THE SENATE

Postage .................................$ Benefits to Retirees ....................... $ Employer Contribution .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

50,000 2,125,000 8,342,714 11,916,969 10,467,714
28 1

The expenditure object amounts displayed above re present the budget unit object totals.

Section 18. Forestry Commission.

Budget Unit: Forestry Commission. ......... $ 25,122,474

State 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 ............. $ Contractual Research ..................... $ Payments to the University of
Georgia, School of Forestry for Forest Research .................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

19,635,241 4,394,500
110,780 1,336,392
85,000 1,745,381
186,000 18,256 538,817 89,879 230,000
300,000 60,000 147,790 151,500 29,029,536 25,122,474
857 751

The expenditure object amounts displayed above re present the budget unit object totals.

Forestry Commission Functional Budgets

Total Funds

Reforestation ........... $ 2,104,944

Field Services ........... $ 25,096,566

Wood Energy ........... $ 147,790

General Administration

and Support .......... $ 1,680,236

Undistributed ........... $

--0--

State Funds

Pos.

535,944

34

22,878,430 794

43,264

4

1,664,836

25

0

WEDNESDAY, FEBRUARY 29, 1984

2839

Total .................. $ 29,029,536

$ 25,122,474 857

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 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation $ 20,661,194

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 ............. $ Evidence Purchased ...................... $ Utilities .................................$ Postage .................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ Indirect DOAS Funding .................. $ Total State Funds Budgeted ............... $ Total Positions Budgeted Authorized Motor Vehicles

14,562,541 1,560,874
487,625 715,500 86,950 548,160 1,936,860 662,395 860,944
9,225 350,000 95,480 54,640 130,000 22,061,194 1,400,000 20,661,194
479 298

The expenditure object amounts displayed above re present the budget unit object totals.

Georgia Bureau of Investigation Functional Budgets

Total Funds Administration ....... $ 1,549,766 Drug Enforcement....... $ 3,890,730 Investigative ............ $ 8,246,549 Forensic Sciences........ $ 3,736,149 Georgia Crime Information
Center ............... $ 4,638,000 Undistributed ........... $
Total ................. $ 22,061,194

State Funds

Pos.

$ 1,549,766

22

$ 3,890,730

64

$ 8,246,549 208

$ 3,736,149

89

$ 3,238,000

96

0

$ 20,661,194

479

2840

JOURNAL OF THE SENATE

Section 20. 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

The expenditure object amounts displayed above re present the budget unit object totals.

945,360 40,570 10,000
1,000 3,000 14,300 86,130 14,000
122,000 1,236,360
1,236,360
25

Section 21. 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 .................... $

5,257,768
2,080,090 40,000
2,500,000 122,000
4,742,090 4,742,090

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.

WEDNESDAY, FEBRUARY 29, 1984

2841

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 Authorized Motor Vehicles

427,974 9,651 10,815
69,921 9,167 18,000 548,178 515,678
15
2,080,090 40,000
2,500,000 122,000 427,974 9,651 10,815
2,650
69,921 9,167 18,000
15 1
3,621,090
2,942,852 87,830 65,600 --0-- 34,000 1,000 219,552 190,840 54,416 75,000
3,671,090 3,621,090
77 0

2842

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.
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 .................... $

4,244,534
176,501 8,353 3,260
5,000
39,600 8,108 9,900 1,468,806 474,920 36,100 2,230,548 1,719,528
8
1,120,029 30,100 11,000 --0-- 6,000 5,020 20,684 155,822 98,047 4,000
1,450,702 1,450,702
42
331,189 17,680 17,700 --0-- 22,639 1,000 --0-- --0-- 12,060
4,661,397 5,063,665
234,002

WEDNESDAY, FEBRUARY 29, 1984

2843

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 ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications 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 ............... $

9
114,882 9,540 1,500 --0-- 8,700 --0-- 5,000 14,802 2,549 7,050
164,023 164,023
3
331,175 9,205 3,000
700
20,828 5,099 35,000 405,007 405,007
10
198,153 11,200 8,575
4,635
28,768 4,241 15,700 271,272 271,272
5
2,271,929 86,078

2844

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 ... Art Grants--State Funds.......... Art Grants--Federal Funds........ Art Grants--Donations ......... Total Positions Budgeted Authorized Motor Vehicles

$$s$$$$$$$

45,035 --0--
47,674 6,020 25,684 259,820 130,104 4,733,047 1,468,806 474,920

$

36,100

77

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 22. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities ......................... $
Grants to Counties ....................... $ Grants to Municipalities .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

8,500,000
3,250,000 5,250,000 8,500,000 8,500,000

The expenditure object amounts displayed above re present the budget unit object totals.

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ...... $ 275,520,815

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 ..........................

26,297,233 1,007,564 745,885 --0--
204,010 12,468
1,149,077 3,339,595
598,965 9,443,126
178,150 579,850

WEDNESDAY, FEBRUARY 29, 1984

2845

Menninger Group Homes

$

Benefits for Child Care ................... $

Contract--Georgia

Advocacy Office, Inc. ................... $

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

376,000 1,066,000
215,000 45,212,923
638,300 --0--
22,813,579
1,655,800 20,105,244
957 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office.... $ 582,421

Administrative Appeals. .. $ 804,156

Administrative Policy,

Coordination, and

Direction............. $

164,436

Personnel ..............$ 5,175,633

Support Services ........ $ 2,065,800

Systems Planning,

Development and

Training ............. $

169,611

EDP-Planning and

Coordination ..........$ 285,949

Indirect Cost ........... $

--0--

Facilities Managements . $ 3,657,012

Community/ Intergovern

mental Affairs ........ $ 751,090

Budget Administration $ 1,465,108

Accounting Services ..... $ 3,558,584

Auditing Services ....... $ 1,674,501

Special Projects ......... $ 281,900

Children and Youth

Planning ............. $

159,190

Troubled Children Benefits $ 1,442,000

Developmental Disabilities $ 248,969

MH/MR Advisory Council $

36,036

Council on Maternal

And Infant Health .... $

103,187

Council on Family

Planning ............. $

6,400

Community Services . . . . . $ 8,826,187

Regulatory Services--

Program Direction and

Support .............. $ 343,335

Child Care Licensing . . . . $ 1,428,043

Laboratory Improvement $ 554,209

State Funds

Pos.

$ 582,421

13

$ 804,156

24

$ 164,436

4

$ 5,118,233

48

$ 1,838,200

54

$ 169,611

7

$

85,949

0

$ (5,342,600)

0

$ 2,702,312

8

$ 751,090

20

$ 1,465,108

44

$ 3,558,584

152

$ 1,674,501

47

$ 281,900

0

$ 159,190

4

$ 1,442,000

0

$

--0--

6

$

36,036

1

$ 103,187

3

$

640

0

$

--0--

9

$ 343,335

9

$ 1,428,043

50

$ 448,209

16

2846

JOURNAL OF THE SENATE

Health Care Facilities

Regulation ........... $

Compliance Monitoring . . $

Radiological Health ... $

Fraud and Abuse. ....... $

Child Support Recovery . . $

Undistributed ......

$

Total .................. $

1,734,691 252,092 568,527
1,747,932 7,137,819
(11,895) 45,212,923

598,091

53

252,092

7

452,187

20

224,068

53

772,065

305

(7,800)

0

20,105,244

957

2. Public 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 .................................$ Crippled Children Clinics ................. $ Regional Grants for Prenatal and
Postnatal Care Programs ................ $ Midwifery Program Benefits ............... $ 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...................... $
Grant-In-Aid to Counties.................. $
Contract with Emory University for Arthritis Research .................. $
Contract for Scoliosis Screening ............ $ Family Planning Benefits ................. $ Grants to Counties for Teenage
Pregnancy Prevention .................. $ Grant to Counties for
Metabolic Disorders Screening and Treatment................ $ Contract--Macon-Bibb County Hospital Authority ..................... $

27,297,697 26,658,288
854,500 9,332
278,600 79,505 347,818 458,108 442,575 12,245,009 4,500 56,150 517,572
3,879,000 175,000
4,354,000 605,000
2,105,400
100,000
3,994,000
42,000
115,000
78,000 36,873,945
210,000 115,000 301,530
250,000
45,000
5,500,000

WEDNESDAY, FEBRUARY 29, 1984

2847

Total Funds Budgete rl Indirect DOAS Services Funding ......
Agency Funds ..... d''' State Funds Budgetei Total Positions Budgi5ted Authorized Motor Vc:hicles

$ 127,992,529 $ 648,716 $ 49,144,841 $ 78,198,972
1,027 6

Public Hea 1th Functional Budgets

Tc>tal Funds

Director's Office ......... $ 541,753

Employee's Health ...... $ 267,240

Health Program

Management ......... $ 728,239

Vital Records ........... $ 1,059,681

Health Services Research . $ 667,092

Primary Health Care .... $ 252,699

Stroke and Heart Attack

Prevention ............ $ 161,700

Epidemiology ........... $ 1,078,767

Immunization ........... $ 374,683

Sexually Transmitted

Diseases ............. $ 228,854

Community Tuberculosis

Center ............... $ 1,156,967

Family Health

Management ......... $ 5,762,421

Infant and Child Health . $ 5,447,661

Maternal Health-Perinatal $ 277,513

Family Planning ........ $ 1,401,801

Malnutrition ............ $ 592,501

Dental Health .......... $ 137,243

Crippled Children ....... $ 4,490,005

Chronic Disease ......... $ 1,632,630

Diabetes ............... $ 389,823

Cancer Control ......... $ 2,860,716

Coordination, Education

And Prevention ....... $ 345,075

Occupational and

Radiological Health . . . $ 804,829

Laboratory Services. ..... $ 3,921,269

Emergency Health ....... $ 667,368

Minimum Foundation .... $ 7,418,963

Newborn Follow Up Care $ 507,012

District Dental .......... $ 1,167,443

District Stroke and Heart

Attack Prevention ..... $ 1,386,785

Sickle Cell ............. $ 300,000

Vision and Hearing ...... $ 420,114

$ High Risk Pregnant Wome;n

and Infants ...........

4,510,808

$ District Sexually Transmitted Diseases . .

1,117,799

Sitate Funds

Pos.

$ 344,203

7

S 232,240

9

$ 643,239

26

$ 1,044,681

59

$ 345,276

12

$ 252,699

7

$$$

161,700 897,293
--0--

5 10 10

$ 228,854

6

$ 1,156,967

23

$ 576,021

22

$ 4,684,362

14

$

$$ 495,312

14

$ 137,243

3

$$$

3,110,511 1,632,630
303,334

52 21 4

$ 2,860,716

6

$

$$$$$$

266,057 3,241,821
606,868 7,289,613
324,062 957,268

6 119 12 191 22 17

$$$

856,785 300,000 420,114

18 0 15

$ 4,510,808

19

$ 105,696

27

2848

JOURNAL OF THE SENATE

District Family Planning . $ 6,316,572

Malnutrition............ $ 27,669,057

Grant in Aid to Counties . $ 37,419,685

Teenage Pregnancy

Prevention............ $ 250,000

District Crippled Children $ 2,572,987

Emergency Health--

Local Services ...... $ 1,340,683

Primary Health Care--

Local Services ........

354,866

Undistributed ...........

(8,775)

Total .................. 127,992,529

$ 2,603,856

177

10

$ 34,808,689

0

$ 250,000

0

$ 1,843,280

36

$ 340,683

$ 354,866

10

$ (8,775)

0

$ 78,198,972 1,027

3. 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 ............................. .... $
Contract with Housing Alternatives ............... .... $
Total Funds Budgeted ................ .. .. $ Social Services Block Grant Funds ...... .... $ Indirect DOAS Services Funding ....... .... $ Agency Funds ....................... .... $
State Funds Budgeted ................ .... $
Total Positions Budgeted

4,235,471 104,440 122,500
54,200 2,669 1,539,657
240,223 183,000
1,060
70,000 6,553,220
15,000 1,000,197
452,773 5,085,250
126

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,765,855

Special Projects

and Contracts......... $

52,233

Program Coordination.... $ 2,739,909

Undistributed........... $

(4,777)

Total .................. $ 6,553,220

State Funds

Pos.

$ 2,765,658

57

$

--0--

2

$ 2,324,369

67

$ (4,777)

0

$ 5,085,250

126

4. Purchase of Social Services:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $

WEDNESDAY, FEBRUARY 29, 1984

2849

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 Authorized Motor Vehicles

20,282,600
479,964 14,998,200 35,760,764 7,522,648
15,098,300 13,139,816
0 111

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits . . $ 479,964

Legal Services .......... $ 475,000

AFDC--Family Foster Care

................... $ 4,079,000

AFDC--Institutional

Foster Care .......... $ 1,184,800

Specialized Foster Care . . $ 355,300

Child Welfare-

Family Foster Care ... $ 7,721,000

Adoption Supplement .... $ 683,000

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,400

Day Care .............. $ 18,933,000

Psychiatric, Psychological

and Speech Therapy ... $ 130,000

Maternity Care ........ $

50,000

Return of Runaways--

County .............. $

7,000

Child Welfare Institutional

Foster Care .......... $ 575,000

Home Management--

Contracts ............ $ 161,500

Outreach--Contracts .... $ 773,800

Special Projects ......... $

37,000

Undistributed ........... $

Total .................. $ 35,760,764

State Funds

Pos.

$ 47,996

0

$ 250,000

0

$ 1,328,530

$ 385,890

0

$ 76,500

0

$ 6,235,000

0

$ 631,200

0

$ 16,000

0

$ 99,400

0

$ 3,122,000

0

130,000

0

50,000

0

7,000

575,000

23,500 124,800 37,000

$ 13,139,816

5. Youth Services--Program Direction and Support:

Personal Services.

1,237,255

2850

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 ................................. $ Benefits for Child Care ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

27,855 27,965 --0-- 6,050
1,693 60,000 --0-- 29,795
3,500 --0-- --0-- --0-- 1,394,113 --0-- --0-- 1,394,113
38 0

6. 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 .................................$ Payments to DMA ....................... $ Postage .................................$ Total Funds Budgeted .................... $ Social Services
Block Grant Funds ..................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,607,811 61,417 101,991 --0-- 34,136 29,171 --0-- 40,700 64,680
21,161,921 --0--
2,846,618 11,271
26,959,716
3,368,100 17,716,125 5,875,491
103 224

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning ............. $ 2,783,971

Aging Services.......... $ 19,189,600

Alternative Health Services $ 4,987,413

Undistributed ...........$

(1,268)

Total .................. $ 26,959,716

State Funds

Pos.

703,648

41

1,452,900

0

3,719,821

62

(878)

0

5,875,491

103

WEDNESDAY, FEBRUARY 29, 1984

2851

7. Rehabilitation Services Budget:

Personal Services ..................... .... $ Regular Operating Expenses ........... .... $
.... $
Motor Vehicle Equipment Purchases . .... $ Publications and Printing ........... .... $ Equipment Purchases ................. .... $ Computer Charges ................... .... $ Real Estate Rentals .................. .... $ Telecommunications .................. .... $ Per Diem, Fees and Contracts ..... .. . . $ Utilities. ............................ .... $

Grants for Nephrology Centers ......... .... $ Contract with Vocational
Rehabilitation Community Facilities .......................... .... $ Contract for Epilepsy ................. .... $ Case Services ........................ .... $ E.S.R.P. Case Services ................ .... $ Contract with the Affirmative
.... $
Cerebral Palsy Contract ............... .... $ Total Funds Budgeted ................ .... $ Indirect DO AS Services Funding ....... . . .. $ Agency Funds ....................... .... $ State Funds Budgeted ................ .... $ Total Positions Budgeted Authorized Motor Vehicles

21,939,775 1,076,580 507,900 14,500 59,100 17,067 750,763 936,029 554,082 747,802 212,300 88,700 230,000
4,010,000 65,000
9,202,500 75,000
1 10,000 143,000 40,740,098 50,000 27,016,103 13,673,995
807 24

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

and Support

$

$ Grants Management ...

2,525,727 528,017

Atlanta Rehabilitation

Center

$

$ Alto Rehabilitation Center

1,938,455 290,619

Rehabilitation Center for
$ the Deaf--Cave Spring

425,142

Central Rehabilitation

Center ............... S 518,259

Georgia Vocational

Adjustment Center--

Gracewood ........... $ 388,767

Ireland Rehabilitation

Center............... $ 356,567

M. S. McDonald

Evaluation Center

$ 168,124

J. F. Kennedy Center

$

418,600

Production Workshop

$

869,950

State Funds

Pos.

$ 953,738

48

$ 454,214

2

$ 431,955

65

$ 66,227

10

$ 94,662

16

$ 118,114

18

$ 88,445

17

$ 79,565

13

$ 38,020

6

$ $

95,757 --0--

16 0

2852

JOURNAL OF THE SENATE

District Field Services. . . . $ Independent Living ..... $ Sheltered Employment . . . $ Community Facilities . . . . $ Bobby Dodd Workshop . $ Undistributed .......... . $
Total ................. . $

27,175,100 232,069 905,720
3,685,000 325,000 (11,018)
40,740,098

6,625,747 573

232,069

8

396,500

15

3,685,000

0

325,000

0

(11,018)

0

13,673,995 807

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

9,035,190 1,573,400
46,000 39,400 15,000 128,132 61,000
164,485 1,109,900
475,000 13,000 25,000
12,685,507 50,000
8,759,467 3,876,040
427 24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Administration ....... Rehabilitation Services Undistributed ........ Total ...............

Total Funds

$ 4,986,457

$ 7,702,365

$

(3,315)

$ 12,685,507

State Funds

Pos.

$ 2,412,893

146

$ 1,466,462 281

$ (3,315)

0

$ 3,876,040 427

9. 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 ...................... $

3,688,468 5,175,048
16,500 --0-- 6,300 95,000 63,696 --0--

WEDNESDAY, FEBRUARY 29, 1984

2853

Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities.... ............................. $ Postage ................................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

26,900 96,950 112,200 5,200 --0-- 9,286,262 8,846,694 439,568
27 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations ............. $ 8,846,694

Supervision............. $ 439,568

Undistributed ........... $

--0--

Total .................. $ 9,286,262

State Funds

Pos.

$

--0--

9

$ 439,568

18

$

--0--

0

$ 439,568

27

10. 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

10,066,192 207,813 29,700 --0-- 49,800 14,350 427,524 575,681 455,200 825,225 --0-- 203,000
9,582,679 22,437,164 22,437,164
--0-- 407

11. Family and Children Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Per Diem, Fees and Contracts ............. $ Telecommunications ...................... $ Utilities .................................$

10,879,077 15,670,808
344,400 --0--
937,580 7,200
8,332,579 196,895
6,897,300 1,046,355
7,200

2854

JOURNAL OF THE SENATE

Postage .................................$ 1,017,800

AFDC Benefits .......................... $ 208,591,526

Local Services Benefits

Payments Grants ....................... $ 66,323,948

Grants to Counties for

Social Services ......................... $ 49,192,009

SSI--Supplement Benefits ................. $

3,500

Grants to Fulton County for

24-hour Emergency Social

Services............................... $ 200,000

Homemaker Meals ....................... $ 102,038

Chatham County Homemaker

Project ...............................$ 479,200

Douglas County Homemaker

Project ...............................$ 149,368

Fulton County Homemaker Project ......... $ 317,000

Total Funds Budgeted .................... $ 370,695,783

Agency Funds ........................... $ 216,557,083

Indirect DOAS Services Funding ........... $ 2,019,787

Social Services

Block Grant Funds ..................... $ 18,386,587

State Funds Budgeted .................... $ 133,732,326

Total Positions Budgeted

375

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits ........ $ 1,429,000

AFDC Payments

$ 208,591,526

SSI--Supplement

Benefits .............. $

3,500

Energy Benefits ......... $ 14,500,000

Local Services--

Benefits Payments

Grants............... $ 66,323,948

Grants to Counties

for Social Services..... $ 49,192,009

Food Stamp Issuance .... $ 2,941,000

Grants to Fulton County

for 24-hour Emergency

Services..............

200,000

Homemaker Projects.....

1,047,606

Director's Office......

579,489

Administration

and Management......

3,924,185

District Administration . . .

3,885,952

Program Planning

and Development......

1,135,265

Program Management

and Training .........

5,234,295

Management Information

Systems.............. 10,627,398

State Funds

Pos.

0

$ 67,938,246

0

$

3,500

0

$

--0--

0

$ 33,085,266

$ 24,117,733

0

0

200,000

0

466,206

0

579,489

$ 2,574,076

95

$ 3,885,952 106

$ 1,135,265

16

$ 1,950,295

58

$ 4,205,510

57

WEDNESDAY, FEBRUARY 29, 1984

2855

Child Development
Administration .. Indirect Cost ..... Undistributed .... Total ............

$ 1,101,280
$ (20,670) $ 370,695,783

$ 1,101,280

34

$ (7,500,244)

0

$ (10,248)

0

$ 133,732,326

375

Budget Unit Object Classes:

Personal Services ......................... $ 117,284,169

Regular Operating Expenses ............... $ 51,563,213

Travel ..................................$ 2,797,341

Motor Vehicle Equipment Purchases ........ $

63,232

Publications and Printing .................. $ 1,644,776

Equipment Purchases ..................... $ 387,255

Computer Charges ....................... $ 12,732,114

Real Estate Rentals ...................... $ 5,547,008

Telecommunications ...................... $ 3,623,260

Per Diem, Fees and Contracts ............. $ 72,996,333

Utilities .................................$ 989,350

Postage ...............................$ 1,976,031

Capital Outlay........................... $

--0--

Grants for Regional Prenatal

and Postnatal Care Programs ............ $ 3,879,000

Crippled Children Benefits................. $ 4,354,000

Crippled Children Clinics ................. $ 517,572

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,105,400

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants .......................... $ 3,994,000

Family Planning Benefits .................. $ 301,530

Benefits for Midwifery Program ............ $ 175,000

Grant-In-Aid to Counties.................. $ 36,873,945

Work Incentive Benefits ................... $ 479,964

Grants to Fulton County

for 24-hour Emergency

Social Services ......................... $ 200,000

Benefits for Child Care ................... $ 16,064,200

Homemaker Meals ....................... $ 102,038

Chatham County

Homemaker Project .................... $ 479,200

Douglas County

Homemaker Project .................... $ 149,368

Fulton County Homemaker Project ........ $ 317,000

Grants for Nephrology Centers............. $ 230,000

Case Services ............................ $ 18,810,179

E.S.R.P. Case Services .................... $

75,000

SSI-Supplement Benefits .................. $

3,500

AFDC Benefits .......................... $ 208,591,526

Local Services Benefits

Payments Grants ....................... $ 66,323,948

Grants to Counties for Social

Services............................... $ 49,192,009

2856

JOURNAL OF THE SENATE

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 .................. $ Payments to DMA ....................... $ Contract with Housing Alternatives ................... $ Contract with Auditory Educational Clinic...................... $ Total Positions Budgeted

4,010,000
100,000 110,000
--0-- 210,000 65,000 42,000 115,000 376,000 215,000 250,000 115,000 5,500,000 143,000
45,000 2,846,618
70,000 78,000 4,294

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.

WEDNESDAY, FEBRUARY 29, 1984

2857

There is hereby appropriated $67,938,246 in State funds for the purpose of making AFDC benefit payments.

Provided that for Fiscal 1985, 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
$115 174 208 245 280
304
329 350 368 394 421

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 56.77% of the above stan dard of needs.
Provided, that of the above appropriation, $143,000 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, $42,000 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.

2858

JOURNAL OF THE SENATE

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.
Provided that grants of Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or mor-

WEDNESDAY, FEBRUARY 29, 1984
bidity, and not to supplant State funds in this appropria tion, provided that such programs not be expanded to levels which such increased funding would not be suffi cient to sustain in subsequent years.
Provided that of the funds available in the Public Health Budget not less than $125,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program.
Provided, that, of the above appropriation relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adoles cents who qualify for Intermediate Level Institutional Foster Care.
Provided that of the above appropriation, $40,000 is designated and committed for a program of screening and treatment of diabetes in the Columbus area.
B. Budget Unit: State Health Planning and Development .......................... $
State Health Planning and Development Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............ $ Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles
Budget Unit Object Classes:
Personal Services ......................... $ Regular Operating Expenses ............$ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $

2859
475,888
642,347 45,184 5,000 2,100 --0-- 15,000 80,200 26,373 69,939 6,600 892,743 --0-- 416,855 475,888
21 0
642,347 45,184 5,000 2,100 --0-- 15,000 80,200 26,373 69,939

2860

JOURNAL OF THE SENATE

Postage ................................. $ Total Positions Budgeted Authorized Motor Vehicles

6,600 21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions. ................ $ 308,323,996

Departmental Operations:

Personal Services ......................... $ 255,182,865

Regular Operating Expenses ............... $ 27,254,565

Travel ..................................$ 576,700

Motor Vehicle Equipment Purchases ........ $ 745,391

Publications and Printing .................. $

60,450

Equipment Purchases ..................... $ 1,773,206

Computer Charges ....................... $ 2,063,871

Real Estate Rentals ...................... $ 389,146

Telecommunications ...................... $ 2,407,468

Per Diem, Fees and Contracts ............. $ 3,051,050

Utilities............... ................. $ 15,813,801

Postage .................................$ 209,051

Capital Outlay........................... $ 254,000

Authority Lease Rentals .................. $ 2,464,752

Grants to County-Owned

Detention Centers ...................... $ 2,187,080

Drug Abuse Contracts .................... $ 980,656

Day Care Centers for the

Mentally Retarded ..................... $ 53,948,205

MR Day Care Center Motor

Vehicle Purchases ...................... $ 602,160

Supportive Living Staff ................... $ 1,446,213

Supportive Living Benefits ................. $ 6,006,171

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 525,000

Community Mental Health

Center Services ........................ $ 64,519,856

Project Rescue........................... $ 305,752

Project ARC ............................ $ 191,794

Project Friendship ........................ $ 257,442

Group Homes for

Autistic Children ....................... $ 282,266

Uniform Alcoholism Projects............... $ 2,755,047

Child Care Benefits ...................... $

16,000

Community Mental

Retardation Staff. ...................... $ 3,357,418

Community Mental Retardation

Residential Services .................... $ 12,628,366

Lumpkin Area Individual

Living, Inc............................. $

26,800

Total Funds Budgeted .................... $ 462,282,542

Agency Funds ........................... $ 124,691,352

Indirect DOAS Services Funding ........... $ 1,625,000

WEDNESDAY, FEBRUARY 29, 1984

2861

Social Services

Block Grant Funds ..................... $ 27,642,194

State Funds Budgeted .................. $ 308,323,996

Total Positions Budgeted

12,620/

12,540

Authorized Motor Vehicles

1,549

The expenditure object amounts displayed above re present the budget unit object totals.

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta ... $ 12,415,525 Georgia Regional
Hospital at Atlanta .... $ 15,954,443 Georgia Regional
Hospital at Savannah .. $ 12,815,047 West Central Georgia
Regional Hospital ..... $ 10,764,268 Northwest Regional
Hospital at Rome ..... $ 16,814,316 Gracewood State School
and Hospital.......... $ 35,211,983

Southwestern State Hospital ............. $ 24,526,844

Georgia Retardation Center ............... $
Georgia Mental
Health Institute ....... $ Central State Hospital ... $

23,168,110
15,342,501 94,314,445

Mental Health Community Assistance............ $
Outdoor Therapeutic Program ............. $
Mental Retardation Community Assistance . $
Central Pharmacy ....... $ Metro Drug
Abuse Centers ........ $ Day Care Centers for
the Mentally Retarded . $ Supportive Living ....... $ Georgia State Foster
Grandparent/Senior Companion Program ... $

6,302,593 1,175,712 1,794,340
124,451 1,292,630 54,550,365 7,452,384
525,000

State Funds $ 10,576,739 $ 12,595,596 $ 11,284,080 $ 8,845,667 $ 12,554,223 $ 21,477,478
$ 16,219,716
$ 13,704,792 $ 13,119,932 $ 66,308,404
$ 6,245,693 $ 1,175,712
1,794,340 124,451 649,540
$ 22,137,642 $ 4,294,681

Pos.
502
637
509
420
674
1,546/ 1,533
1.104/ 1,075
882
531 3,862/ 3,824
221
40
62 3
44
0 0

525,000

2862

JOURNAL OF THE SENATE

Community Mental

Retardation Staff. ... $ 3,357,418

Community Mental

Retardation

Residential Services. . . . $ 12,628,366

Group Homes for

Autistic Children ...... $ 282,266

Project Rescue .......... $ 305,752

Drug Abuse Contracts . . . $ 980,656

Project ARC ...

$ 191,794

Project Friendship

$ 257,442

Community Mental Health

Center Services ....... $ 64,519,856

Uniform Alcoholism

Projects .............. $ 2,755,047

Central Laboratory ...... $ 269,075

Lumpkin Area Individual

Living, Inc. ........... $

26,800

State Youth

Development Centers . $ 17,581,028

Regional Youth

Development Centers . . $ 11,977,112

Group Homes ........... $ 512,626

Community Detention .... $ 1,111,026

Day Centers ............ $ 690,822

Community Treatment

Centers .............. $ 1,957,593

Court Services .......... $ 6,523,818

Runaway Investigations . . $ 401,908

Interstate Compact ...... $

82,811

Purchase of Services ..... $ 654,000

Assessment and

Classification ......... $ 209,000

Undistributed ........... $ 461,369

Total .................. $ 462,282,542

$ 2,445,183

0

$ 7,777,366

0

$ 282,266

0

$ 142,752

0

$ 980,656

0

$ 191,794

0

$ 257,442

0

$ 29,273,846

0

$ 1,881,553

0

$

6

$ 26,800

0

$ 17,111,535

741

$ 11,714,144

414

$ 512,626

19

$ 1,111,026

17

$ 690,822

23

$ 1,957,593

77

$ 6,523,818

258

$ 401,908

15

$ 82,811

3

$ 654,000

0

$ 209,000

10

$ 461,369

0

$ 308,323,996 12.620/

12,540

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.

WEDNESDAY, FEBRUARY 29, 1984

2863

Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and do nations, as well as proceeds of local fund raising activi ties, shall not be required to be budgeted to the Depart ment or to the Office of Planning and Budget.
Provided that the Department is given the flexibility in the Community Mental Retardation Residential Ser vices Program to use benefits to contract with private home providers for service or to provide small group liv ing situations or semi-independent living situations for clients; and further provided that these residential ser vices are available to clients residing in the community as well as those returning to their communities from the in stitution.
Provided that Community Mental Health Centers shall provide services to clients living within the geo graphic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is other wise eligible to receive services.
Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group resi 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

2864

JOURNAL OF THE SENATE

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 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.
Provided, that of the above appropriation relating to Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Provided, however, the Department is authorized to utilize $507,600 of available surplus and reserves of the Georgia Building Authority (Hospital) to fund major maintenance and repairs at Atlanta Regional Hospital ($165,000), Georgia Retardation Center ($64,000), Gracewood State School and Hospital ($220,600) and Georgia Mental Health Institute ($58,000).
Provided, however, that Central State Hospital, Southwestern State Hospital, and Gracewood State Hos pital are authorized to transfer available surplus funds of no more than $100,000 each to the Department of Of fender Rehabilitation to provide appropriate security cov erage for inmate labor at these hospitals.
Provided, however, that the Department is author ized to use available surplus Medicaid funds at South western State Hospital to fund no more than $150,000 in repair and maintenance costs due to construction inter ruptions at that hospital.

Section 24. Department of Industry and Trade
A. Budget Unit: Department of Industry and Trade............................. $
State Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

11,130,293
4,726,596 696,763 277,100 13,000

WEDNESDAY, FEBRUARY 29, 1984

2865

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..................... $ Contract--Georgia Association of Broadcasters ........................ $ Southern Center for International Studies.................... $ Contract--Lanier Regional Committee ............................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

295,650 23,669 92,325 313,085 157,439 156,850 145,000 110,000 1,243,000
2,735,000
6,144,392
50,000
25,000 50,000 20,000
600,000
51,500
25,000
12,500 17,963,869 11,130,293
193 21

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Industry and Trade Functional Budgets

Total Funds

Industry ............. $ 759,393

Research............. $ 462,867

Tourism--Promotional . $ 1,211,528

Tourist--Welcome

Centers ............ $ 2,165,478

Internal Administration $ 11,147,542

International.......... $ 970,359

Advertising.

$ 1,243,000

Undistributed ........... $

3,702

Total .................. $ 17,963,869

State Funds

Pos.

$ 759,393

18

$ 462,867

14

$ 1,211,528

27

2,065,478

93

4,413,966

24

970,359

17

1,243,000

0

3,702

0

11,130,293

193

2866

JOURNAL OF THE SENATE

Provided, however, that of the above appropriation relative to advertising, $ 12,000 is designated and commit ted for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.

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

5,083,711 2,300,136
42,000 --0-- 36,000 50,000 18,000 --0-- 80,160 339,600
1,416,000 9,365,607
--0-- 215

2. Georgia Ports Authority Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ G.O. Bonds and Lease Rentals ............. $ 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

24,911,178 8,657,251
478,728 656,000 118,919 2,604,560 109,343 333,256 7,233,576 502,856 1,332,740 820,000
1,113,153 --0--
48,871,560 --0-- 780

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

WEDNESDAY, FEBRUARY 29, 1984

2867

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 . . . . . G.O. Bonds and Lease Rentals .... Other Debt-Service Payments ...... Capital Outlay--Internal
Operations .................... Atlanta Convention and
Visitors Bureau ................ Total Positions Budgeted Authorized Motor Vehicles

29,994,889 10,957,387
520,728 656,000 154,919 2,654,560 520,856 109,343 413,416 1,672,340 7,233,576 820,000
1,113,153
1,416,000 995 36

Section 25. Department of Labor.
Budget Unit: Department of Labor
State Operations:
Personal Services ................. 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) .............. Per Diem, Fees and Contracts .... W.I.N. Grants ................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

$ 4,205,929
56,956,820 2,602,196 1,215,600
17,380 564,648 1,723,700 1,615,300 1,192,218
50,000 950,600 287,600 67.176,062 4,205,929
1,930 6

2868

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Labor Functional Budgets

Inspection ............. Basic Employment Work Incentive ........ Food Stamps .......... Job Training Partnership Correctional Services Undistributed .......... Total .................

Total Funds

; 826,404

1 52,414,354

; 2,714,777

1,229,387

; 7,691,093

I 2,208,305

I

91,742

'. 67,176,062

State Funds 826,404 808,000 271,478 --0--
2,208,305 91,742
4,205,929

Pos. 28
1,495 82 47 200 78 0
1,930

Section 26. 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

Authorized Motor Vehicles

$ 5,283,501
4,678,151 263,808 116,000
33,500 10,600 68,392 314,607 98,243 36,500 60,000
5,679,801 5,283,501
119 1

The expenditure object amounts displayed above re present the budget unit object totals.
Provided, however, that of the above appropriation relative to regular operating expenses, $30,500 is desig nated and committed for Court Reporter Fees.

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ........... $ 230,300,935

WEDNESDAY, FEBRUARY 29, 1984

2869

Departmental Operations Budget:

Personal Services......................... $ 5,818,580

Regular Operating Expenses ............... $ 171,322

Travel ..................................$ 117,725

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing ..................$

94,100

Equipment Purchases ..................... $

13,010

Computer Charges ....................... $ 4,589,565

Real Estate Rentals ...................... $ 928,900

Telecommunications ...................... $ 186,806

Per Diem, Fees and Contracts ............. $ 10,489,540

Postage .................................$ 150,000

Medicaid Benefits ........................ $ 743,673,852

Payments to Counties for

Mental Health ......................... $ 10,385,150

Audits Contracts ......................... $ 766,500

Total Funds Budgeted .................... $ 777,385,050

State Funds Budgeted .................... $ 230,300,935

Total Positions Budgeted

225

Authorized Motor Vehicles

3

The expenditure object amounts displayed above re present the budget unit object totals.

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office.... $ 632,820

Program Management ... $ 11,983,113

Administration ..........$ 2,110,507

Operations .............$ 6,119,541

Program Integrity ....... $ 2,480,067

Benefits................ $ 754,059,002

Undistributed........... $

--0--

Total .................. $ 777,385,050

State Funds

Pos.

$ 266,528

11

$ 1,457,536

41

$ 756,844

36

$ 1,529,884

50

$ 1,061,072

87

$ 225,229,071

0

$

--0--

0

$ 230,300,935

225

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 28. Merit System of Personnel Administra tion.
Budget Unit: Merit System of Personnel Administration Agency Assessments. ...... $
Departmental Operations Budget:
Personal Services......................... $

5,645,374 4,277,529

2870

JOURNAL OF THE SENATE

Regular Operating Expenses ............... $

98,575

Travel .................................. $

46,848

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $ 149,216

Equipment Purchases ..................... $

6,311

Computer Charges ....................... $ 1,339,800

Real Estate Rentals ...................... $ 573,145

Telecommunications ...................... $ 107,145

Per Diem, Fees and Contracts ............. $ 17,011,989

Postage ................................. $ 135,860

Health Insurance Claim Payments .......... $ 181,950,000

Total Funds Budgeted .................... $ 205,696,418

Agency Assessments ...................... $ 5,645,374

Employee and Employer

Contributions .......................... $ 200,017,345

Deferred Compensation ................... $

33,699

Total Positions Budgeted

162

Authorized Motor Vehicles

0

The expenditure object amounts displayed above re present the budget unit object totals.

Merit System Functional Budgets

Applicant Services...... Classification and
Compensation........ Program Evaluation and
Audit............... Employee Training and
Development......... Health Insurance
Administration ....... Health Insurance Claims Internal Administration . Commissioner's Office . . . Undistributed .......... Total .................

Total Funds $ 1,707,742

$ 761,953

$ 584,548

$ 904,829

$ 5,629,744

$ 194,207,939

$ 900,588

$ 995,929

$

3,146

$ 205,696,418

State Funds Pos.

$

39

$

19

$

13

$

23

$

27

$

0

$

33

$

8

$

0

$

162

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 $110.90 per merit system budgeted position for the cost of departmental operations.

WEDNESDAY, FEBRUARY 29, 1984

2871

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 50,701,141

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.......... 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

$$

2,472,269 162,169

$$$

19,500 8,800 180,500

$$

8,000 160,597

$ 165,527

$$

71,869 105,005

$

89,586

540,000 75,000 4,058,822

53,750

328,500 3,676,572
80

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

13,873,360 3,078,591
80,000 713,039
78,000 430,700
45,793 45,394 229,449 80,800 62,466
333,713
375,000 19,426,305
--0-- 15,702,038
477

2872

JOURNAL OF THE SENATE

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. ............. $ Grant--The Hay House................... $ Contract--Corps of Engineers
(Cold Water Creek St. Park) ............$ Grant--Tybee Island ..................... $ Advertising and Promotion ............... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

9,678,786 3,683,267
77,878 285,300 98,355 219,000
17,000 130,765 244,720 61,202 57,600
829,000 300,000 1,025,000 1,857,000
1,400,000 415,000 186,000 50,000
1,457,663 125,000 40,000
126,192 60,000 100,000 22,524,728 --0-- 13,349,728
374

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 .................. $

10,342,186 641,805 242,400 67,631 85,117 78,751 134,000 516,905 183,729 540,710 96,112
1,000,000 6,000,000

WEDNESDAY, FEBRUARY 29, 1984

2873

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

250,437
125,000
10,000 20,314,783 16,865,783
314

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......... $ Capital Outlay--Repairs and
Maintenance .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

806,576 173,943
11,950 24,000 20,208 23,241 15,477 --0-- 20,236
8,500 9,639 20,000
33,250 1,167,020 1,107,020
26

Budget Unit Object Classes:

Personal Services ......................... $ Regular 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 ...........$

37,173,177 7,739,775
431,728 1,098,770
462,180 759,692 372,867 858,591 750,003 796,217 315,403
1,400,000 415,000
6,000,000 1,000,000
250,437
125,000

2874

JOURNAL OF THE SENATE

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 ...................... $ Grant--The Hay House................... $ Contract--Corps of Engineers (Cold Water Creek St. Park) .........$ Grant--Tybee Island ..................... $ Advertising and Promotion ................ $ Total Positions Budgeted Authorized Motor Vehicles

862,250 300,000 75,000 1,857,000 1,025,000
540,000
186,000 50,000
375,000
1,457,663
20,000
333,713 125,000
10,000 40,000
126,192 60,000 100,000
1,271 1,021

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

WEDNESDAY, FEBRUARY 29, 1984

2875

of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and His toric Sites facilities.
B. Budget Unit: Authorities .................. $
1. Lake Lanier Islands Development Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Campground Sinking Fund ................ $ Promotion Expenses ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
2. Jekyll Island State Park Authority Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ 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 .................. $

--0--
1,672,614 716,279 3,700 22,000 46,320 80,738 4,000 --0-- 44,733 20,620
2,611,004
64
2,834,785 1,865,000
32,000 60,000 35,000 75,000 --0-- --0-- 42,000 80,000
53,750 5,077,535
--0-- 165
4,507,399 2,581,279
35,700 82,000 81,320

2876

JOURNAL OF THE SENATE

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

155,738 4,000 --0-- 86,733
100,620
53,750 ---0--
229 100

Section 30. Department of Offender Rehabilitation.

A. Budget Unit: Departmental Operations ...... $ 22,223,717

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 ............. $ Utilities ................................$ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund ..................... $ Grants for County
Workcamp Construction................. $ Local Jail Equipment Grants .............. $ Grants for Local Jails .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

8,905,823 605,600 340,680 --0-- 53,600 43,290 650,578 989,593 311,398 913,655 44,000
7,117,500 753,000 300,000 550,000
840,000 50,000
400,000 22,868,717 22,223,717
336 70

The expenditure object amounts displayed above re present the budget unit object totals.

WEDNESDAY, FEBRUARY 29, 1984

2877

Departmental Operations Functional Budgets

Total Funds

General Administration

and Support .......... $ 6,472,753

Adult Facilities

and Programs........ $ 15,134,047

Training and Staff

Development.......... $ 1,261,917

Undistributed ........... $

--0--

Total .................. $ 22,868,717

State Funds

Pos.

$ 6,022,753

139

$ 14,939,047

165

$ 1,261,917

32

$

--0--

0

$ 22,223,717

336

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 ...............................$ 136,857,926

Institutional Operations Budget:

Personal Services ......................... $ 93,370,988

Regular Operating Expenses ............... $ 17,715,549

Travel ..................................$

72,765

Motor Vehicle Equipment Purchases ........ $ 441,000

Publications and Printing .................. $

80,000

Equipment Purchases ..................... $ 1,624,887

Computer Charges ....................... $

--0--

Real Estate Rentals ...................... $ 236,530

Telecommunications ...................... $ 866,106

Per Diem, Fees and Contracts ............. $ 347,000

Utilities .................................$ 6,618,650

Payments to Central State

Hospital for Meals ..................... $ 2,296,600

Payments to Central State

Hospital for Utilities.................... $ 951,700

Inmate Release Funds .................... $ 916,000

Health Service Purchases.................. $ 11,878,464

Payments to the Medical

Association of Georgia for

Jail and Prison Health

Care Certification ...................... $

40,480

Authority Lease Rentals .................. $ 440,000

Capital Outlay........................... $ 805,000

Total Funds Budgeted .................... $ 138,701,719

State Funds Budgeted .................... $ 136,857,926

2878

JOURNAL OF THE SENATE

Total Positions Budgeted Authorized Motor Vehicles

4,603 379

The expenditure object amounts displayed above re present the budget unit object totals.

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

Georgia Training and

Development Center . . . $ 1,763,627

Georgia Industrial

Institute ............. $ 7,230,386

Alto Education and

Evaluation Center ..... $ 1,614,172

Georgia Diagnostic and

Classification Center . . . $ 7,688,468

Georgia State Prison ..... $ 19,584,653

Consolidated Branches . . . $ 12,418,536

Middle Georgia

Correctional

Institution ............ $ 19,051,480

Jack T. Rutledge

Correctional

Institution ............ $ 3,710,882

Central Correctional

Institution ............ $ 3,119,515

Metro Correctional

Institution ............ $ 4,158,657

Coastal Correctional

Institution ............ $ 4,028,470

Central Funds .......... $ 7,948,589

D.O.T. Work Details

$ 640,848

Food Processing and

Distribution .......... $ 10,902,504

Farm Operations ........ $ 4,767,561

Dodge Correctional

Institution ............ $ 3,328,339

Transitional Centers ..... $ 3,289,942

Augusta Correctional and

Medical Institution ... $ 5,543,410

Health Care ............ $ 17,911,680

Undistributed ........... $

--0--

Total .................. $ 138,701,719

State Funds
$ 1,763,627
$ 7,230,386
$ 1,334,571
$ 7,688,468 $ 19,584,653 $ 12,292,496

$ 19,051,480

$ 3,710,882

$ 3,119,515

$ 4,158,657

$ 3,976,630

$ 7,948,589

$

---0--

$ 10,201,040 $ 4,723,561

$ 3,328,339 $ 3,289,942

$ 5,543,410

$ 17,911,680

$

--0--

$ 136,857,926

Pos.
66
298
48
321 884 515
804
155
135
183
176 3 32
192 37
144 119
254 237
0 4,603

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.

WEDNESDAY, FEBRUARY 29, 1984

2879

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 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 Authorized Motor Vehicles

11,377,154
9,472,499 262,688 394,118 40,000 34,880 83,352 68,371 605,403 258,752 22,091 135,000
11,377,154 11,377,154
424 27

The expenditure object amounts displayed above re present the budget unit object totals.
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 .................... $

2,075,121 635,225 50,000 45,000 9,100 107,000 5,863 32,450 62,750 320,900
6,060,000
84,000 --0-- 9,487,409 --0--

2880

JOURNAL OF THE SENATE

Total Positions Budgeted

80

Authorized Motor Vehicles

16

The expenditure object amounts displayed above re present the budget unit object totals.

E. Budget Unit: Probation Field Operations ..............

$ 26,134,562

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 ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

21,657,063 444,354 447,675
--0-- 45,200 87,066 ---Q-- 396,084
303,530 6,272
7,000 23,394,244 21,436,118
933

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

4,066,118 301,720 21,910
35,400
291,156 54,220 257,500 --0-- 360,000 5,388,024 4,698,444
196

Budget Unit Object Classes:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing.................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

25,723,181 746,074 469,585 --0-- 45,200 122,466 --0-- 687,240

WEDNESDAY, FEBRUARY 29, 1984

2881

Telecommunications ......... Utilities.................... Per Diem, Fees and Contracts Capital Outlay.............. Total Positions Budgeted Authorized Motor Vehicles

357,750 263,772
7,000 360,000
1,129 93

Section 31. Department of Public Safety.

Budget Unit: Department of Public Safety $ 58,698,034

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

$ 312,699

$

21,311

$

9,200

$

$

$

$

$

$

$

$

3,500

$ 372,910

$ 186,455

8

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

4,650,880 1,032,208
66,000 --0-- 36,000 35,000 --0-- --0-- 118,425 30,303 22,000 5,990,816 --0-- 5,957,649
170

3. Driver Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

6,213,356 789,025 855 --0-- 182,475 100,000

2882

JOURNAL OF THE SENATE

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

2,241,515 4,800 70,900 2,275
583,000 185,000
--0-- 816,000 11,189,201 1,500,000 9,689,201
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

28,441,011 4,707,084
47,945 4,100,000
232,525 207,500
--0-- 2,207 386,400 60,647 36,000 --0-- 38,221,319 150,000 38,071,319
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 .................................$ Peace Officers Training Grants ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

753,100 77,800 30,000 9,000 17,900
702 70,000 48,500 18,800 13,500
5,550 1,743,363 2,788,215 2,788,215
25

6. Police Academy:

Personal Services......................... $ 574,427

WEDNESDAY, FEBRUARY 29, 1984
Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Fire Academy:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts .............$ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Georgia Firefighter Standards and Training Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Organized Crime Prevention Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $

2883
163,000 12,850 --0-- 9,500 7,400 16,000 --0-- 17,930 146,200 3,400 950,707 905,707
17
353,957 47,100 14,000 30,000
3,000 14,000 30,558 15,182 10,925 110,000 5,700 634,422 569,422
13
133,251 12,540 9,200 8,800 2,100 2,000 5,100 3,500 4,450 15,000 2,600 198,541 198,541
4
134,325 16,337

2884

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 ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,950 29,082
700 194,894 194,894
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

106,770 4,961 4,500 9,000 250 1,000 800 3,500 2,950 2,500 400 --0---
136,631 136,631
3

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Conviction Reports ....................... $ Peace Officers Training Grant.............. $ Driver License Processing ................. $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

41,673,776 6,871,366
204,050 4,156,800
488,250 367,602 2,375,873 77,689 645,530 409,507 662,850 185,000 1,743,363 816,000
--0-- 1,545 1,099

WEDNESDAY, FEBRUARY 29, 1984

2885

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 32. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System ................

$ 12,562,455

Departmental Operations Budget:

Payments to Employees' Retirement System . . .
Employer Contributions Total Funds Budgeted . . State Funds Budgeted . .

$ 176,455 $ 12,386,000 $ 12,562,455 $ 12,562,455

The expenditure object amounts displayed above re present the budget unit object totals.

Section 33. Public Service Commission. Budget Unit: Public Service Commission .... $

4,487,569

2886

JOURNAL OF THE SENATE

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 ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

3,586,944 194,018 101,873 68,000 10,000
6,500 125,019 213,700 94,085 165,000 4,565,139 4,487,569
119 26

The expenditure object amounts displayed above re present the budget unit object totals.

Public Service Commission Functional Budgets

Total Funds Administration.......... $ 1,017,446 Transportation .......... $ 1,624,214 Utilities................ $ 1,923,479 Total.................. $ 4,565,139

State Funds

Pos.

$ 1,016,446

22

$ 1,624,214

47

$ 1,846,909

50

$ 4,487,569

119

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and
University System Institutions ..................... $ 600,810,801

1. Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs.............. $ 520,374,189

Sponsored Operations ......

$ 62,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 139,596,084

Sponsored Operations ................... $ 68,000,000

Office of Minority

Business Enterprise ..................... $ 316,341

Special Desegregation Programs .......... $ 301,331

Authority Lease Rentals .................. $ 15,538,000

Total Funds Budgeted .................... $ 806,125,945

Less Agency Funds: Departmental Income ..................... $ 17,500,000 Sponsored Income ........................ $ 130,000,000 Other Funds............................. $ 152,574,906

WEDNESDAY, FEBRUARY 29, 1984

2887

Auxiliary Income ........................ $

--0--

Indirect Communication Charges ........... $ 3,027,300

State Funds Budgeted .................... $ 503,023,739

Total Positions Budgeted

17,086

Provided, that from appropriated funds in this budget unit, the amount of $15,538,000 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

2888

JOURNAL OF THE SENATE

available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General As sembly that the 1 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., Dept. Svcs. ................ $ Sponsored Operations ................... $
Total Funds Budgeted ......... $
Less Agency Funds: Department 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............................. $ State Funds Budgeted .................... $ Total Positions Budgeted

750,107 --0--
272,900 --0--
1,023,007
--0-- --0-- 134,111 9,800 879,096
27
964,397 800,000
590,695 943,750 3,298,842
--0-- 1,743,750
407,788 1,147,304
35

WEDNESDAY, FEBRUARY 29, 1984

2889

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 .................... $

437,213 162,487
227, 628 137,513 964,841

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $
State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 300,000
---0--
664,841 20

5. Engineering Experiment Station Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Agricultural Research..................... $ Total Funds Budgeted .................... $

11,612,032 27,655,087
7,370,696 20,998,365
569,269 68,205,449

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... ^ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 48,653,452 12,316,627
1 17,600 7,117,770
361

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 .................... $

1,301,077 --0--
722,706 --0--
811,864 2,835,647

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- --0-- 1,345,825 12,200 1,477,622
52

2890

JOURNAL OF THE SENATE

7. Agricultural Experiment Station Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $
Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs............. $
Sponsored Operations ................... $ Fire Ant Research ..................... $ Total Funds Budgeted ................... $

23,132,114 4,300,000
8,127,643 3,200,000
50,000 38,809,757

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 7,500,000 6,854,745
95,900 24,359,112
869

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 .................... $

26,343,804 4,250,000
3,565,830 1,750,000 35,909,634

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds....... ..................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 6,000,000 5,640,000
126,700 24,142,934
970

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 .................... $

58,912,096 2,819,815
24,784,283 670,000
1,500,000 88,686,194

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Board of Corrections ..................... $ Indirect DOAS Services Funding ........... $

1,364,700 3,489,815 51,620,625 1,800,000
193,500

WEDNESDAY, FEBRUARY 29, 1984

2891

State Funds Budgeted .................... $ 30,217,554

Total Positions Budgeted

3,091

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 .................... $

1,101,513 --0--
454,157 ---0--
470,027 192,398 2,218,095

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ State Funds Budgeted .................... $ Total Positions Budgeted

2,218,095 63

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 .................... $

824,889 --0--
1,044,740 --0--
1,869,629

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds. ............................ $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,408,225
461,404 55

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 .................... $

139,915
98,893
2,060,000 1,785,000
150,000 185,000

2892

JOURNAL OF THE SENATE

Total Funds Budgeted . . State Funds Budgeted . . Total Positions Budgeted

4,418,808
4,418,808 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 ...... Capital Outlay--GRTC Planning Funds ...........
Total Funds Budgeted .......
Less Agency Funds: Departmental Income ........ Sponsored Income ........... Other Funds................ State Funds Budgeted ....... Total Positions Budgeted
14. Athens and Tifton Veterinary Laboratories 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........... State Funds Budgeted . . Total Positions Budgeted

150,000 1,185,025
780,206 404,819
32
277,703 940,213
532,975 1,750,891
1,473,188 277,703 48

WEDNESDAY, FEBRUARY 29, 1984

2893

Budget Unit Object Classes:

Personal Services:

Educ., Gen., and Dept. Svcs. ........... $ 646,885,216

Sponsored Operations ................... $ 102,927,602

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 187,177,113

Sponsored Operations ................... $ 96,232,603

Office of Minority

Business Enterprise ..................... $ 316,341

Special Desegregation Programs ............ $ 301,331

Fire Ant Research ....................... $ 242,398

Agricultural Research..................... $ 1,039,296

Advanced Technology

Development Center .................... $ 811,864

Capitation Contracts for

Family Practice Residency............... $ 2,060,000

New Program Development

Contracts for Family

Practice Residency ..................... $ 150,000

Residency Capitation Grants ............... $ 1,785,000

Student Preceptorships .................... $ 185,000

Authority Lease Rentals .................. $ 15,538,000

Capital Outlay--ETMH

Renovations ........................... $ 1,500,000

Capital Outlay--GRTC

Planning Funds ........................ $ 150,000

Total Positions Budgeted

22,713

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 ........ $ 22,928,775

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 ....................... $ Research Consortium ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,364,625 636,550
7,137,350 526,250 600,000 200,000
6,766,000
198,000 3,500,000 22,928,775 22,928,775
100 0

2894

JOURNAL OF THE SENATE

The expenditure object amounts displayed above re present the budget unit object totals.
Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
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. ............................ $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,617,721
--0-- --0-- 2,441,597 4,617,721
139 14

The expenditure object amounts displayed above re present the budget unit object totals.

Section 35. Department of Revenue.
Budget Unit: Department of Revenue ....... $
Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

44,186,038
27,365,611 846,751
1,173,794 149,715
1,575,068 464,247
8,254,424 1,391,149

WEDNESDAY, FEBRUARY 29, 1984

2895

Telecommunications ...................... $
Per Diem, Fees and Contracts ............. $ County Tax Officials/Retirement
and PICA............................. $ Grants to Counties/Appraisal
Staff .................................$ Motor Vehicle Tag Purchases.............. $ Motor Vehicle Decal Purchases ............ $
Postage .................................$ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $
State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

534,305 150,000
1,162,500
1,430,000 1,100,000
338,600 2,094,874 48,031,038 3,845,000 44,186,038
1,136 65

The expenditure object amounts displayed above re present the budget unit object totals.

Department of Revenue Functional Budgets

Total Funds

Departmental

Administration ........ $ 2,711,198

Internal Administration .. $ 5,330,193

Field Services........... $ 10,604,988

Income Tax ............ $ 6,978,451

Motor Vehicle .......... $ 11,252,988

Motor Fuel Tax......... $ 1,096,211

Central Audit........... $ 3,924,769

Property Tax ........... $ 3,657,393

Sales and Use Tax ...... $ 2,421,771

Undistributed .......... $

53,076

Total .................. $ 48,031,038

State Funds

Pos.

$ 2,711,198

32

$ 5,330,193

77

$ 10,514,988

366

$ 5,263,219

142

$ 9,563,820 248

$ 1,096,211

36

$ 3,924,769

95

$ 3,657,393

57

$ 2,071,171

83

$ 53,076

0

$ 44,186,038 1,136

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $1,100,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 1,100,000 motor vehicle tags, and for this purpose only.
Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production.

Section 36. Secretary of State.
A. Budget Unit: Secretary of State ............ $
Personal Services......................... $ Regular Operating Expenses ............... $

14,363,861
8,992,511 1,274,142

2896

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

$

Election Expenses ........................ $

Postage ................................. S

Total Funds Budgeted .................... $

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

169,611 172,952 312,200 86,068 407,360 1,736,969 278,864 403,245 400,000 267,439 14.501,361 14,363,861
362 72

The expenditure object amounts displayed above re present the budget unit object totals.

Secretary of State Functional Budgets

Total Funds

Internal Administration .. $ 1,523,865

Archives and Records $ 3,737,344

Corporations Regulation $ 1,294,973

Elections and Campaign

Disclosure ...... $ 968,083

Securities Regulation . $ 906,386

Drugs and Narcotics..... $ 628,652

State Campaign and

Financial Disclosure . .. $

131,369

Occupational Certification $ 5,292,528

Undistributed. ... .. $

18,161

Total ........... $ 14,501,361

State Funds

Pos.

$ 1,521,765

41

$ 3,637,344

91

$ 1,292,973

47

$ 967,683

15

$ 900,386

21

$ 628,652

15

$ 131,369

3

$ 5,265,528

129

$

18,161

0

$ 14,363,861

362

Occupational Certification Functional Budgets

Accounting........... $ Architect............... $ Athletic Trainers ........$ Auctioneers........ $ Barbers ................ $ Chiropractic ............ $ Construction Industry . ... $ Cosmetology ..... $ Dentistry .......$ Engineers .............. $ Forestry ............... $ Funeral Service ........ $ Geology. ............... $

Board Costs
103,573 33,548
738 1,630 7,924 8,967 41,780 21,082 30,131 28,719 3,380 12,828 3,084

Cost of

Operations

$ 325,753

$ 106,750

$

7,033

$

51,735

$ 227,321

$

69,165

$ 272,150

$ 398,827

$ 175,018

$ 235,367

$ 25,262

$ 120,531

$

18,925

WEDNESDAY, FEBRUARY 29, 1984

2897

Hearing Aid ............ $ Landscape Architect ..... $ Librarians.............. $ Medical Examiners ...... $ Nursing Home
Administrators ........ $ Board of Nursing ....... $ Dispensing Opticians ..... $ Optometry ............. $ Occupational Therapy $ Pharmacy .............. $ Physical Therapy ........ $ Podiatry ............... $ Polygraph Examiners ... $ Practical Nursing ....... $ Private Detective ........ $ Psychologists ........... $ Recreation ............ $ Sanitarian.............. $ Speech Pathology ....... $ Used Car Dealers ....... $ Used Car Parts ......... $ Veterinary. ............. $ Wastewater ............ $ Well Water ............ $ Total .................. $

3,707 7,802 3,083 134,782
9,840 65,820 6,460 11,680
1,032 60,090
9,321 3,430 1,830 64,496 26,200 14,686 2,080 4,375 2,243 11,240 3,770 21,255 5,525 4,360 776,491

$ 32,295

$$$

22,753 16,926 837,714

$$

26,482 589,010

$$$$$$

21,794
35,354 7,159 347,318
29,034 14,887

$$$$$$ $$$$

22,088 418,501
215,737 61,606
13,860 19,803
16,465 173,417 49,718
78,549

$$$

62,219 20,684 5,167,210

B. Budget Unit: Real Estate Commission.

996,839

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 Authorized Motor Vehicles

616,273 108,380 12,500 27,000 26,000
5,150 71,288 33,248 18,000 80,000 997,839 996,839
28 12

The expenditure object amounts displayed above re present the budget unit object totals.

2898

JOURNAL OF THE SENATE

Real Estate Commission Functional Budget

State Funds Real Estate Commission. $ 996,839

Cost of

Operations

Pos.

$ 1,037,789

28

Section 37. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission .................... $ 16,375,250

Administration Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ 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. ..........,....................$ Academic Scholarships .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,416,303 186,031 52,000 9,000 60,000 29,500 335,069 79,265 37,500 525,000
3,113,550 10,567,380 4,215,900
38,000
142,500 120,000
118,600 50,000 22,095,598 16,375,250
97 1

The expenditure object amounts displayed above re present the budget unit object totals.

Georgia Student Finance Commission Functional Budgets

Total Funds Internal Administration $ 3,204,668 Higher Education
Assistance Corporation . $ 525,000 Georgia Student Finance
Authority ............ $ 18,365,930 Total .................. $ 22,095,598

State Funds

Pos.

$

97

350,000

16,025,250

0

16,375,250

97

WEDNESDAY, FEBRUARY 29, 1984

2899

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.
Designated Totals for Guaranteed Educational Loans:
(Cancellable loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teach ers: Not to exceed $30,000
E) Students who are to become mathematics or sci ence teachers: Not to exceed $300,000
Provided, that the above appropriated amount rela tive to Tuition Equalization Grants provides for payment of grants of $725 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 with the above appropriated amount relative to academic scholarships, the Georgia Student Finance Authority is authorized to establish a new schol arship program during F.Y. 1985 which provides for rec ognition of academically outstanding junior and senior level students in high schools located in Georgia, and fur ther, to the extent that funds are appropriated herein for academic scholarships, to award scholarships of $500 each per academic year of study to graduating seniors se lected in accordance with procedures and criteria estab lished by the Authority for attendance at institutions of higher education located in Georgia.

Section 38. Soil and Water Conservation Commit tee.
Budget Unit: Soil and Water Conservation Committee ................ $

813,078

2900

JOURNAL OF THE SENATE

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 Authorized Motor Vehicles

516,415 50,780 47,800

The expenditure object amounts displayed above re present the budget unit object totals.

Section 39. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System ......................$ 9,638,000

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 ........................$ Post-Retirement Benefit
Adjustment............................ $ Cost-of-Living Increases for
Local Retirement System Members. ............................. $
Floor Fund for Local Retirement Systems .................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

1,757,080 68,794 22,250 --0-- 50,000 10,420 502,184 185,115 57,160 208,500 80,000
7,100,000
1,320,000
1,218,000 12,579,503 9,638,000
67 1

WEDNESDAY, FEBRUARY 29, 1984

2901

The expenditure object amounts displayed above re present the budget unit object totals.

Section 40. Department of Transportation.

Budget Unit: Department of Transportation . . $ 412,217,504

1. Planning and Construction Budget:

Personal Services ......................... $ 71,742,911

Regular Operating Expenses ............... $ 4,784,460

Travel ..................................$ 1,083,800

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $ 204,254

Equipment Purchases ..................... $

55,300

Computer Charges ....................... $

---0--

Real Estate Rentals ...................... $

28,295

Telecommunications ...................... $ 1,050,044

Per Diem, Fees and Contracts ............. $ 5,432,215

Capital Outlay........................... $ 432,200,965

Geodetic Control......................... $ 329,196

Total Funds Budgeted .................... $ 516,911,440

State Funds Budgeted .................... $ 197,447,222

Total Positions Budgeted

3,006

2. Maintenance and Betterments Budget:

Personal Services ......................... $ 63,215,609

Regular Operating Expenses ............... $ 38,806,433

Travel ..................................$ 369,580

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing.................. $

20,000

Equipment Purchases ..................... $

---0--

Computer Charges ....................... $

--0--

Real Estate Rentals ......................$

810

Telecommunications ...................... $ 180,000

Per Diem, Fees and Contracts ............. $ 1,039,175

Capital Outlay........................... $ 50,150,000

Total Funds Budgeted .................... $ 153,781,607

State Funds Budgeted .................... $ 149,884,825

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 2,239,987
53,515 3,293,502 3,093,502

2902

JOURNAL OF THE SENATE

4. Assistance to Counties Budget:

Grants to Counties ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

9,317,013 9,317,013 9,317,013

5. Administration Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Authority Lease Rentals ................. $ State of Georgia General
Obligation Debt Sinking Fund ........... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

9,908,351 960,000 110,000 ---0-- 560,000 --0-- 460,800
1,056,209 300,232 234,897
24,452,289
38,645,856 76,688,634 41,236,634
338

As authorized in the amended General Appropria tions Act for State Fiscal Year 1981, $208,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $187,650,000 (90%) is to be repaid to the State from Federal Interstate Funds. $24,748,573 has been repaid leaving a balance due of $162,901,427. A $38,000,000 payment shall be applied during the State Fiscal Year 1985 to the $162,901,427 balance due leaving a principal balance due of $124,901,427 to be repaid to the State on bonds that have been issued for advance construction of the Interstate System.
Debt service on the new $38 million bond issue for advance construction of the Interstate System shall also be provided from the General Fund or Federal Interstate payback funds. Federal Interstate Funds amounting to 90% of the total bond issue shall be repaid to the State from future Federal Interstate apportionments. This re payment shall be in addition to the balance due on bonds that have already been issued for advance construction of the Interstate System.
It is understood by the General Assembly that the amount to be repaid to the State by the Department of Transportation in any form shall be limited to the

WEDNESDAY, FEBRUARY 29, 1984

2903

amount received from the Federal Government arising from Federal participation on the Interstate Advance Construction Projects.
Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article III, Section IX, Para graph VI, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the imme diately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation paya ble in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Con struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or bal ances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the De partment of Transportation, including equipment and compensation claims.
For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, mainte nance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for 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

2904

JOURNAL OF THE SENATE

in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Divi sion of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage infor mation is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 48-14-3 against the amount of funds expended by each county in such year for the purposes authorized by said Section.
Provided further, it is the intent of this General As sembly that the Department of Transportation is author ized to use interstate rehabilitation funds for four-laning and passing lanes.
Provided that State Funds appropriated for on-system Resurfacing, Four-Laning and Passing Lanes in the foregoing activities may be used to match additional Fed eral Aid resulting from the increase in the Federal Motor Fuel Tax.
Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific pur pose and amounts as shown below:
Planning and Construction Geodetic Control ....................... $

329,196

WEDNESDAY, FEBRUARY 29, 1984

2905

Capital Outlay--Paving State and Local Schools and State
Institutions .......................... $ Capital Outlay--Paving State
Parks and Historic Sites............... $

750,000 500,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue re quired under Article 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 6,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended (Code Sections 36-40-41 through 36-40-45).
Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor of 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 ....................... $

539,180 510,924
11,400 --0--
700 388,000
--0--

2906

JOURNAL OF THE SENATE

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,456,978 1,031,978
16

8. Inter-Modal Transfer Facilities Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay--Airport
Development .......................... $ Capital Outlay--Airport
Operational Improvements ............... $ Capital Outlay--Airport
Approach Aid ......................... $ Mass Transit Grants...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

728,360 44,537 13,500 --0-- 23,100
1,389 --0--
1 21,276 611,800
700,000
1,000,000
150,000 4,748,688 8,042,651 3,489,330
22

9. Harbor Maintenance Budget:

Harbor Maintenance Payments............. $ Spoilage Area Acquisition
Clearing and Preparation ................ $ Total Funds Budgeted .................... $
State Funds Budgeted .................... $

400,000
--0-- 400,000 400,000

Budget Unit Object Classes:

Personal Services ......................... $ 146,134,411 Regular Operating Expenses ............... $ 45,106,354 Travel .................................. $ 1,588,280 Motor Vehicle Equipment Purchases ........ $ 1,000,000 Publications and Printing .................. $ 808,054 Equipment Purchases ..................... $ 2,684,676 Computer Charges ....................... $ 460,800 Real Estate Rentals ...................... $ 1,085,316 Telecommunications ...................... $ 1,557,925 Per Diem, Fees and Contracts ............. $ 7,318,487 Capital Outlay........................... $ 482,404,480 Mass Transit Grants...................... $ 4,748,688

WEDNESDAY, FEBRUARY 29, 1984
Grants to Municipalities ....... Harbor Maintenance Payments. . Grants to Counties ............ Authority Lease Rentals ....... Capital Outlay--Airport
Development ................ State of Georgia General
Obligation Debt Sinking Fund Capital Outlay--Airport
Operational Improvements .... Capital Outlay--Airport
Approach Aid .............. Geodetic Control .............. Spoilage Area Acquisition
Clearing and Preparation ..... Total Positions Budgeted Authorized Motor Vehicles

2907
9,317,000 400,000
9,317,013 24,452,289
700,000
38,645,856
1,000,000
150,000 329,196
6,946 4,800

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.
Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance up to but not exceeding one-half (Vi) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici pation. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Geor gia.
Provided, that $400,000 of the above allocation for harbor maintenance payments is designated and commit ted for payment for harbor maintenance and improve ments at Savannah.
Provided, further, that the Department of Transpor tation is authorized and directed to transfer to Personal Services from other object classes such funds as are re quired to fund the increased Personal Services costs con templated in this Act, subject only to approval by the Of fice of Planning and Budget.

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Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses.

Section 41. Department of Veterans Service.

Budget Unit: Department of Veterans Service ...............................$ 13,141,349

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 ...........$ Capital Outlay........................... $ Postage ...........................$ Operating Expense/Payments to
Central State Hospital .................. $ Operating Expense/Payments to
Medical College of Georgia .............. S Regular Operating Expenses
for Projects and Insurance ............... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,488,891 47,027 84,000 14,000 20,000 63,149 ---0-- 191,204 54,906 7,140 --0-- 31,900
8,398,283
3,804,576
29,092 16,234,168 13,141,349
142 1

The expenditure object amounts displayed above re present the budget unit object totals.

Veterans Service Functional Budgets

Total Funds

Veterans Assistance. ..... $ 3,950,873

Veterans Home and Nursing

Facility---Milledgeville . $ 8,443,130

Veterans Nursing

Home--Augusta ...... $ 3,838,110

Undistributed ........... $

2,055

Total .................. $ 16,234,168

State Funds

Pos.

$ 3,700,369

142

$ 6,706,422

0

$ 2,732,503

0

$

2,055

0

$ 13,141,349

142

WEDNESDAY, FEBRUARY 29, 1984

2909

Section 42. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board ................................$

Operations Budget:

Personal Services ......................... $

Regular Operating Expenses ............... $

Travel ..................................$

Motor Vehicle Equipment Purchases

... $

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges .............. $

Real Estate Rentals ...................... $

Telecommunications ...................... $

Per Diem, Fees and Contracts ............. $

Postage .................................$

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgeted

Authorized Motor Vehicles

4,840,610
3,873,162 87,709 53,500 --0-- 39,600 7,250 171,688
433,539 87,262 50,400 61,500
4,865,610 4,840,610
144 1

The expenditure object amounts displayed above re present the budget unit object totals.

Workers' Compensation Board Functional Budgets

Total Funds

Administration .......... $ 4,444,088

Vocational Rehabilitation . $ 412,647

Undistributed ........... $

8,875

Total .................. $ 4,865,610

State Funds

Pos.

$ 4,419,088

129

412,647

15

8,875

0

4,840,610

144

Section 43. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) . . . . .

$ 89,113,666

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).......

$ 32,720,975

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $625,000 is specifically appropriated for the pur pose of financing the construction and equipping of the Georgia Public Safety Training Academy in Monroe County, Georgia through the issuance of not more than

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$2,500,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,942,400 is specifically appropriated for the pur pose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issu ance of not more than $24,520,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,622,275 is specifically appropriated for the pur pose of financing a school construction program through out the State of Georgia, which will consist of the con struction, reconstruction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not more than $80,190,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $820,300 is specifically appropriated for the pur pose of financing the acquisition, diking and clearing of land for the deposit of spoilage in connection with harbor maintenance by the Department of Transportation through the issuance of not more than $3,155,000 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, $2,300,000 is specifically appropriated for the pur pose of financing the renovation of an Office Building in Fulton County, Georgia through the issuance of not more than $9,200,000 in principal amount of General Obliga tion Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for the pur pose of financing improvements consisting of resurfacing and rehabilitation of roads through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,500,000 is specifically appropriated for the pur pose of financing the construction of water and sewer projects through the issuance of not more than $30,000,000 in General Obligation Debt.
Provided, that from the above appropriated amount

WEDNESDAY, FEBRUARY 29, 1984

2911

for the State of Georgia General Obligation Debt Sinking Fund, $2,751,000 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 $22,925,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,560,000 is specifically appropriated for the pur pose of financing the advance construction of the Inter state Highway System through the issuance of not more than $38,000,000 in principal amount of General Obliga tion Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $400,000 is specifically appropriated for the pur pose of financing renovations at Central State Hospital in Baldwin County, Georgia through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt.
Section 44. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds in the amount of $157,389,336 for the purpose of providing for an increase of 4% with a minimum of $360 per annum for full-time employees of the executive, judicial and leg islative branches of government effective July 1, 1984; for an increase of 4% for State officials whose salary is set by Act 755 (HB 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in said Act as amended, Code Section 45-7-4, and for secretaries for whom salaries are set by Act 279 (HB 360) of the 1977 Regular Session of the Georgia General Assembly, Code Sections 15-6-25 and 15-18-17, except that no cost of liv ing increases are provided for officials and employees pro vided for in HB 1150 and HB 1038 of the 1984 Regular Session of the Georgia General Assembly, effective July 1, 1984; for an increase of 3% on the current salary schedule for teachers, public librarians and other instruc tional and support personnel, with first and second year teachers to be paid as those after completion of one year of experience and permanent certification effective the following month, effective September 1, 1984; for an in crease of an additional 7% for those individuals who are working and certificated in the teaching areas for the ma jor portion of the day, media specialists and counsellors for a total salary increase of 10% effective September 1, 1984; for certificated personnel having 18 or more years of creditable service, the addition of an 18th year on the

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teacher salary schedule as a longevity increment based on the existing indexing factors being extended one step for each certificate on the present teacher salary schedule, ef fective September 1, 1984; for an increase of 3% for school bus drivers and lunchroom workers effective, July 1, 1984; for an increase of 1.5% in benefits for retired members of the Employees Retirement System on each of the following dates: July 1, 1984 and January 1, 1985; for an increase of 3% for University System employees, effective September 1, 1984, for academic contracted per sonnel and for an increase of 3% effective July 1, 1984 for non-academic personnel, fiscal year contracted per sonnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Ex tension Service and the Agricultural Experiment Station; for the addition of an L-4 step to the State Merit System Compensation schedule; effective July 1, 1984.
Section 45. In addition to all other appropriations for the State fiscal year ending June 30, 1985 there is hereby appropriated $3,000,000 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 $8,024,103 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 ($7,849,103--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 46. It is the intent of this General Assem bly that appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt-sinking funds, and that no funds be withdrawn from debt-sinking funds except for the purpose of paying prin cipal, interest and trustees fees, or for transfer to another sinking fund.
Section 47. It is the intent of this General Assem bly that each State agency utilizing xerographic repro ducing equipment maintain a log for each unit of equip ment 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

WEDNESDAY, FEBRUARY 29, 1984

2913

credit card telephone calls, in order to mitigate the State's cost therefor.
Section 48. It is the intent of this General Assem bly that each and every agency, board, commission, and authority receiving appropriations in this Act shall pro cure and utilize only the most economical and cost-effec tive motor vehicles suitable for the purpose and 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 State vehicles except for official State business. Ex cept as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State auditor shall make the utilization of State motor vehicles a matter of special interest in future au dits to insure strict compliance with the intent of this General Assembly.
Section 49. 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 50. It is the intent of this General Assem bly that each agency for which an appropriation is au-

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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 51. 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 52. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 53. 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 54. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any rea son any of the sums herein provided under any other pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 55. All expenditures and appropriations made and authorized under this Act shall be according to

WEDNESDAY, FEBRUARY 29, 1984

2915

the programs and activities as specified in the Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1984 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 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 56. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures within the Budget Unit, and shall su persede the object classification shown in the Governor's Budget Report.
Section 57. 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

2916

JOURNAL OF THE SENATE

(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 58. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the forego ing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall there upon be unavailable for expenditure unless re-appropri ated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
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 July 1, 1984 and January 1, 1985 for retirees in the Employees Retirement System and for retirees in the Teachers Retirement Sys tem 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 can not legally be so limited, this $25.00 per month limitation shall not apply to either system.
Section 61. TOTAL STATE FUND APPROPRI ATIONS
State F.Y. 1985............... $

4,302,000,000

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 repealed.

Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee report on HB 1045.

WEDNESDAY, FEBRUARY 29, 1984

2917

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton 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 Walker

Those not voting were Senators Bond and Tysinger.
On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1045.
The following resolution of the Senate was read and adopted:

SR 474. By Senators Kennedy of the 4th, Starr of the 44th, Holloway of the 12th and others:
A resolution commending the Honorable Thomas D. Moreland.
The President of the Senate, Lieutenant Governor Zell Miller, addressed the Sen ate as follows:
For 10 sessions--a decade--I have had the high honor of presiding over this Sen ate, and no session has filled me with a greater sense of pride and accomplishment than the one we are about to adjourn.
This session has been one of the finest in the history of the Georgia Senate from every standpoint, and, more importantly, one that history will record as the one in which the Georgia Senate finally and forcefully established itself as a full and co-equal partner in the Georgia legislative process.
It has been a session in which the Senate has placed a major imprint on every significant piece of legislation.
It has been a session in which the Senate has stood firm in the defense of constitu tional principle.

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It has been a session in which the Senate has insisted that the common good be served regardless of political considerations or consequences.
It has been a session in which the Senate when necessary has maintained its integ rity and independence in the face of pressure from the Governor and the Speaker.
It has been a session in which the Senate has made a record on which every Sena tor can seek re-election with confidence of endorsement by the voters.
And what a record it is!
The Senate took the initiative in passing strong pension reform measures and pre vailed against a House determined to do nothing but make cosmetic changes.
The Senate led the way in establishing effective machinery for having indicted officials step down pending the determination of their guilt or innocence.
The Senate attempted to accomplish real reform in legislative operations by put ting some teeth into the House's token gesture.
The Senate twice killed unconstitutional House legislation which would have stripped the Department of Transportation of interest income from motor fuel tax revenues.
The Senate found a legitimate, constitutional source of funds to provide health insurance for uncertified school employees and school bus drivers, pension increases for older retired teachers and an additional one percent raise and longevity step for state employees.
The Senate restored funds for compensatory education cut by the House and, in so doing, saved the jobs of more than 300 teachers and aides.
The Senate preserved the Governor's 10 percent pay raise for classroom teachers and additionally funded the inclusion of librarians and counselors and the addition of a new longevity step to the teacher salary index.
The Senate wrote and adopted a constitutional amendment to finance desperately needed educational improvements and property tax relief through an additional onecent statewide sales tax; and, unlike the House, demonstrated its faith in the Georgia electorate to determine whether our state should make such an investment in the future of its children.
And there are many more instances I could cite of the Senate's acting boldly, and with vision, to do what was right and needed, and not being swayed by what someone on the Second Floor, across the Hall of over at Five Points might think, say, or do about it.
On a more personal note, I would like to say that although Senator Barnes and Senator Dean and I had one tremendous difference on an important issue this year, I do not walk away from this General Assembly bearing grudges. I still love and respect both of these Senators, and I look forward to working together with them on many other issues in the future.
I would further single out Senators Kennedy, Starr and Holloway and commend them on a job extremely well done in negotiating a conference committee report on the budget. They took a tough posture, refusing to cave in even though it robbed them of

WEDNESDAY, FEBRUARY 29, 1984

2919

many hours of sleep, and in the end it paid off. The Senate came out better than any year in recent history in terms of having its priorities included in the final budget document.
And finally, I want to express my admiration and appreciation to Senators Lester, Gillis and Dawkins and to the members of the Banking and Finance Committee. I am deeply grateful for their help and leadership on HR 91, and its failure to finally pass certainly in no way reflects negatively on their untiring efforts. It was the hard work of these three Senators that resulted in a conference committee report that preserved the essence of the Senate position on HR 91 and that was subsequently voted down by the House.
All of you Senators stood tall, and all can take justifiable pride in the results of your courage and statesmanship.
I love this Senate. 1 take pride in being a product of it and in being Georgia's only Lieutenant Governor to have had prior service in the Senate. I share that pride and am happy to have this opportunity to state to you tonight what I know your constituents will be telling you in the weeks and months ahead:
"Well done. And we want you to go back and keep up the good work."
I believe you all will be back, and I look forward to working with you again next year and continuing to build a great Senate on the foundation of vision, dedication and integrity which we have established this year.
Congratulations, thank you and Godspeed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 248. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to public disclosure by candidates of campaign contributions and expenditures, so as to change the definition of expenditure.

The House substitute to SB 248 was as follows:

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 change the definition of expenditure; to change the reporting provisions; to change the provisions rel ative to notice of qualification by filing officers; to change the provisions relative to the per diem of members of the State Campaign and Financial Disclosure Commission; to increase the amount of the civil penalties for fail ure to file a campaign financing disclosure report; to provide for the filing of campaign disclosure reports in run-off elections; to provide for the assess ment and collection of civil penalties; to provide for court costs in certain civil actions; to provide for the filing of disclosure of financial interests by

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JOURNAL OF THE SENATE

candidates for certain offices; to provide a definition; to require disclosure of financial interest reports to be filed; to prescribe the contents of such reports; 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 striking paragraph (6) of Code Sec tion 21-5-3, relating to definitions relative to disclosure reports of campaign contributions and expenditures, and inserting in lieu thereof a new para graph (6) to read as follows:
"(6) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any per son for the offices provided for in Code Section 21-5-2, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide ref erendum, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. 'Expenditure' shall also include the pay ment of a qualifying fee for and in behalf of any candidate."
Section 2. Said chapter is further amended by striking Code Section 21-5-5, relating to campaign financial disclosure reports to be filed, in its entirety and inserting in lieu thereof 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 judge of the probate court 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 for justice of the peace or the chairman or treasurer of his campaign committee shall file the required campaign financing disclosure reports with the judge of the probate court in the respective county of election.

WEDNESDAY, FEBRUARY 29, 1984

2921

(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 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. If a run-off election is required following a general or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the excep tion that if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. 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) A supplemental campaign financing disclosure report shall be filed by each person elected to an office covered by this chapter no later

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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.
(f) 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;
(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 judge of the probate court 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.
(g) 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.
(h) (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 judge of the probate court 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

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shall be filed prior to December 31 of the year in which the election is held."
Section 3. Said chapter is further amended by striking Code Section 21-5-7, relating to the duty of the chairman or treasurer of a campaign committee to keep records, in its entirety and inserting in lieu thereof a new Code Section 21-5-7 to read as follows:
"21-5-7. It shall be the duty of the chairman or treasurer of any campaign committee which accepts contributions or makes expenditures to keep a detailed and exact account of:
(1) The amounts of all contributions made to the campaign committee;
(2) The name and mailing address of every person making any con tributions and the amount of such contributions;
(3) All expenditures made by the candidate or the campaign com mittee; and
(4) The name and mailing address of every person to whom an ex penditure is made and the amount and general purpose thereof."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-9, relating to the duties of filing of ficer, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The names of all candidates and offices sought in a special elec tion, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and".
Section 5. Said chapter is further amended by striking Code Section 21-5-11, relating to creation, composition, and powers of State Campaign and Financial Disclosure Commission, in its entirety and inserting in lieu thereof a new Code Section 21-5-11, to read as follows:
"21-5-11. (a) There is created the State Campaign and Financial Disclosure Commission.
(b) The commission shall be composed of five members. The initial membership of the commission shall be appointed as follows: one mem ber shall be appointed by the Secretary of State for an initial term of office of two years; one member shall be appointed by the Lieutenant Governor for an initial term of office of three years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of four years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of five years and six years, respec tively. The terms of office of initial members shall commence on May 1, 1975. Members of the commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new mem ber, appointed in the same manner as the member whose term of office expired, shall become a member of the commission and shall serve for a term of office of five years and until his successor is duly appointed and

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qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member.
(c) Any person who (1) has qualified to run for any federal, state, or local public office within a period of five years prior to his appointment, (2) has held any federal, state, or local public office within a period of five years prior to his appointment, or (3) serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level, shall be ineligible to serve as a member of the commission; provided, however, that any mem ber of the commission who, on April 1, 1977, was also serving as an officer of a political party on a local, state, or national level shall not be ineligible, by virtue of this Code section, during the remainder of the term of commission office which such member is serving on said date. The commission shall elect a chairman and shall adopt rules and regula tions as required by subsection (a) of Code Section 50-13-3. All rules of the commission shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(d) Members of the commission shall serve without compensation but shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. No member shall receive per diem or travel expenses for more than 20 days per year.
(e) The commission shall have the authority:
(1) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(2) To promulgate and adopt rules and regulations as defined in Chapter 13 of Title 50;
(3) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; and
(4) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened viola tion of this chapter.
(0 The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this chapter;
(3) To accept and file any information voluntarily supplied that ex ceeds the requirements of this chapter;

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(4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
(7) To provide for wide public dissemination of such summaries and reports;
(8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
(9) To make investigations, subject to the limitations contained in Code Section 21-5-12, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any state ments or reports required under this chapter and, upon receipt of the written complaint of any person, verified under oath, to the best informa tion, knowledge, and belief, by the person making same, with respect to an alleged violation of any part of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cog nizance as it deems necessary to fulfill its obligations under this chapter;
(10) To conduct a preliminary investigation, subject to the limita tions contained in Code Section 21-5-12, of the merits of a written com plaint by any person who believes that a violation of this chapter has occurred, verified under oath, to the best information, knowledge, and belief by the person making same; and, if there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evi dence or relevant material. If the commission determines that there are such reasonable grounds, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The complainant shall be given an acknowledgment and status report within ten days of registering said complaint and shall be given an estimate of the time required to complete said investigation. The commission may file a complaint charg ing violations of this chapter, and any person aggrieved by the final deci sion of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code sec tion shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(11) To report suspected violations of law to the appropriate law enforcement authority;
(12) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances;

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(13) To issue orders, after the completion of appropriate proceed ings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which or der may include a provision requiring the violator:
(A) To cease and desist from committing further violations;
(B) To make public complete statements, in corrected form, contain ing the information required by this chapter;
(C) To order the payment of civil penalties not to exceed $250.00 for each failure to file a report required by this chapter;
(14) To make public its conclusion that a violation has occurred and the nature thereof;
(15) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order is sued in connection with such hearing; and
(16) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed and the funds dis bursed, and to make such further report on the matters within its juris diction as may appear desirable.
(g) The Secretary of State, through his office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or his designee shall serve as secretary to the commission."
Section 6. Said chapter is further amended by adding between Code Sections 21-5-11 and 21-5-12 a new Code section, to be designated Code Section 21-5-11.1, to read as follows:
"21-5-11.1. (a) A civil penalty shall not be assessed against any per son pursuant to the provisions of this chapter except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commis sion. All moneys recovered pursuant to this Code section shall be depos ited in the state treasury.
(b) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil pen alties assessed against any person violating any provisions of this chapter or any rule or regulation duly issued by the commission.
(c) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, may provide

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that the defendant pay to the commission the costs incurred by the com mission in the prosecution of such action."
Section 7. Said chapter is further amended by adding between Code Section 21-5-5 and Code Section 21-5-6 a new Code Section 21-5-5.1 to read as follows:
"21-5-5.1. (a) As used in this Code section, the term 'business en tity' means any corporation, partnership, limited partnership, firm, enter prise, franchise, association, or trust.
(b) Every candidate who qualifies for nomination or election to any office of this state which office is voted on by the electors of the entire state shall file with the Secretary of State a disclosure of financial inter ests report.
(c) All disclosure of financial interests reports shall contain the fol lowing information:
(1) The name, mailing address, and the office to which the candidate seeks nomination or election;
(2) All direct ownership interests of the total assets or capital stock of any business entity, including the name of the business entity in which such ownership interest is held, where:
(A) Such ownership interest is more than 10 percent; or
(B) Such ownership interest has a fair market value of more than $20,000.00; and
(3) All direct ownership interests which have a fair market value of over $20,000.00 in:
(A) Real property, including the county and state in which such property is located; and
(B) Intangible property, including the type of such property, exclu sive of that listed under paragraph (2) of this subsection.
(d) The requirement to disclose certain ownership interests in cer tain business entities as required by paragraph (2) of subsection (c) of this Code section shall not be construed to include a requirement to dis close the existing or subsequently acquired investments, holdings, or as sets of such business entities.
(e) The disclosure of financial interests report, required by subsec tion (b) of this Code section, shall be filed no later than 20 days follow ing the date when a candidate qualifies for nomination for election or for election. 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 primafacie 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 ad minister oaths."

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Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 248.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis 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 Starr Stumbaugh Tate Thompson Timmons Trulock Turner Walker

Those not voting were Senators:

Bond

Fincher

Cobb

Hill

Holloway Tysinger

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 248.

The following bills of the House were taken up for the purpose of considering the Conference Committee reports thereon:

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.

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The Conference Committee report on HB 877 was as follows:
The Committee of Conference on HB 877 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 877 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Donn M. Peevy Senator, 48th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 115th District
/s/ Denmark Groover Representative, 99th District
/s/ Tommy Chambless Representative, 133rd District

Conference Committee substitute to HB 877:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice generally, so as to delete certain judgments and rulings deemed directly appealable; to provide additional cases in which an application shall be filed before an ap peal is permitted; 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 5 of the Official Code of Georgia Annotated, relating to appellate practice generally, is amended by striking in its entirety subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in its place a new subsection (a) to read as follows:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35;
(2) All judgments involving applications for discharge in bail trover and contempt cases;
(3) All judgments or orders directing that an accounting be had;
(4) All judgments or orders granting or refusing applications for re ceivers or for interlocutory or final injunctions;

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(5) All judgments or orders granting or refusing applications for at tachment against fraudulent debtors;
(6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary re straining orders;
(7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and
(8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 5-6-35, relating to cases in which an applica tion for appeal is required, and inserting in its place a new subsection (a) to read as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section:
(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Educa tion, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provi sion shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;
(2) Appeals from judgments or orders in divorce, alimony, child cus tody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders;
(3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;
(4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34;
(5) Appeals from orders revoking probation;
(6) Appeals in all actions for damages in which the judgment is $2,500.00 or less;
(7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial;
(8) Appeals from orders under subsection (d) of Code Section 9-1160 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; and

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(9) Appeals from orders granting or denying temporary restraining orders."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Hine of the 52nd moved that the Senate adopt the Conference Committee report on HB 877.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin
Coleman
Coverdell Dawkins
Deal

English Engram Foster Garner Gillis Greene Harris HHianrerison
Horton
Hudgins
Huggins Kennedy
Kidd

Land Lester McGill McKenzie Peevv Perrv Phillins !R, med!d"iPssh,
Starr
Stumbaugh
Tate Trulock
Turner

Those voting in the negative were Senators Howard and Scott of the 43rd.

Those not voting were Senators:

Barker BBonwden rjean Fincher

Hill Holloway Scott of 2nd Scott of 36th

Thompson Timmons Tysmger Walker

On the motion, the yeas were 41, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 877.

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.

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The Conference Committee report on HB 900 was as follows:
The Committee of Conference on HB 900 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 900 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/&/ Warren D. Evans Representative, 84th District
/s/ William J. Lee Representative, 72nd District
/s/ Joe Mack Wilson Representative, 20th District

Conference Committee substitute to HB 900:

A BILL
To be entitled an Act to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to the Legislative Services Committee, so as to provide for the membership of the committee; to provide for meet ings; to provide for the maintenance, repair, construction, renovation, refur bishing, and furnishing of rooms and other areas; to provide for the procure ment of supplies, materials, and equipment; to provide for audits; to provide for public inspection of minutes and audits; to provide for payment of in voices; to provide for budgetary control by the Legislative Services Commit tee of joint legislative offices; to amend Code Section 45-12-78 of the Offi cial Code of Georgia Annotated, relating to annual budget estimates, so as to change the provisions relating to the budget estimates for the legislative branch; 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 4 of Title 28 of the Official Code of Georgia An notated, relating to the Legislative Services Committee, is amended by strik ing subsection (a) of Code Section 28-4-1, relating to the creation, member ship, and meetings of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Legislative Services Committee, hereinaf ter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman of the Appro priations Committee of the Senate, the chairman of the Appropriations Committee of the House of Representatives, the chairman of the Judici-

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2933

ary Committee of the Senate, the chairman of the Judiciary Committee of the House of Representatives, the chairman of the Banking and Fi nance Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The Speaker of the House of Representatives shall be chairman of the committee, and the Secretary of the Senate shall be sec retary of the committee."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 28-4-1, relating to the creation, membership, and meetings of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The committee shall meet at least once each month, and the date for the meeting for each month shall be set at the meeting in the preceding month. Additional meetings may be held upon the call of the chairman or upon the call of a majority of the members of the commit tee. Eight members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairman shall be entitled to vote on all matters requiring a vote of the committee."
Section 3. Said chapter is further amended by striking subsection (c) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The committee is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, offices, and other areas which are under the control, authority, and jurisdiction of the committee or which have been assigned jointly to the Senate and House of Representatives; provided, however, that the Senate is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the Senate and that the House of Representatives is authorized to pro vide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the House of Representa tives; provided, further, that any such maintenance, repair, construction, renovation, refurbishing, or furnishing must be first approved by the Leg islative Services Committee. Any repair, construction, or renovation by the committee, the Senate, or the House of Representatives in an amount exceeding $5,000.00, if approved by the Legislative Services Committee, shall be accomplished on a competitive bid basis unless such repair, con struction, or renovation is accomplished by another state agency or au thority. The committee, the Senate, and the House of Representatives shall adopt procedures relative to competitive bids. The committee, the Senate, and the House of Representatives may adopt procedures to pro vide for emergency repairs other than by competitive bids."

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Section 4. Said chapter is further amended by striking subsection (d) of Code Section 28-4-2, relating to the powers of the Legislative Services Committee, in its entirety and inserting in lieu thereof new subsections (d), (e), (0, (g), and (h) to read as follows:
"(d) The committee shall provide for the procurement of supplies, materials, and equipment which are required jointly for the Senate and House of Representatives; provided, however, that the Senate shall pro vide for the procurement of supplies, materials, and equipment for the Senate and that the House of Representatives shall provide for the pro curement of supplies, materials, and equipment for the House of Repre sentatives; provided, further, that no supplies, materials, and equipment for the Senate or the House of Representatives shall be procured unless first approved by the Legislative Services Committee. Such procurement by the committee, the Senate, and the House of Representatives may be accomplished through a state-wide contract which has been approved by the Department of Administrative Services--Purchasing Division and which was entered into as a result of competitive bids. Procurement may also be accomplished through the Department of Administrative Ser vices--Central Supply. All other procurement of supplies, materials, and equipment in an amount exceeding $3,000.00 on any single order shall be accomplished by competitive bids. The committee, the Senate, and the House of Representatives shall adopt procedures relative to competitive bids. The committee may adopt procedures to provide for emergency pro curement of supplies and materials without competitive bids if a majority of the total membership of the committee determines that an emergency exists. The Senate and the House of Representatives may adopt proce dures to provide for the emergency procurement of supplies and materi als without competitive bids. The committee, the Senate, and the House of Representatives may adopt procedures for the emergency repair of re placement of equipment without competitive bids.
(e) The committee shall contract with a licensed certified public ac countant or certified public accounting firm to conduct annually in accor dance with accepted accounting principles a financial audit of legislative funds and expenditures. Such audit shall detail the expenditures of the following offices of the legislative branch: Lieutenant Governor, Secre tary of the Senate, Senate, Speaker of the House of Representatives, Clerk of the House of Representatives, House of Representatives, Office of Legislative Counsel, Office of Legislative Budget Analyst, and Office of Legislative Fiscal Officer.
(f) At least once every five years the committee shall contract with a licensed certified public accountant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government. Each year the state auditor shall conduct a performance audit of at least one of the legislative offices listed in subsection (e) of this Code section.
(g) A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representa tives, in the office of the President of the Senate, in the office of the Clerk

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of the House of Representatives, and in the office of the Secretary of the Senate.
(h) The committee is authorized to provide for such other proce dures as it deems advisable for the purpose of carrying out this Code section."
Section 5. Said chapter is further amended by adding after subsection (a) of Code Section 28-4-6, relating to the legislative fiscal officer and the legislative budget analyst, a new subsection to be designated as subsection (a.l) to read as follows:
"(a.l) The legislative fiscal officer is authorized on behalf of the leg islative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval of the committee. All in voices shall contain in detail a description of the work performed, materi als used or purchased, and any other information pertinent to the obliga tion. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis."
Section 6. Said chapter is further amended by adding at the end of Code Section 28-4-6, relating to the legislative fiscal officer and the legisla tive budget analyst, a new subsection to be designated as subsection (c) to read as follows:
"(c) A majority vote of the total membership of the Legislative Ser vices Committee shall be necessary to employ the legislative fiscal officer and the legislative budget analyst."
Section 7. Said chapter is further amended by striking Code Section 28-4-7 in its entirety and inserting in lieu thereof a new Code Section 28-4-7 to read as follows:
"28-4-7. The Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be under the budgetary control of the Legislative Services Committee. The committee shall provide procedures for the employment of personnel to assist the legislative counsel, the legislative fiscal officer, and the legisla tive budget analyst; and those three officials and such personnel shall be compensated under such procedure as the committee shall provide. The three officials shall have supervision of personnel in their offices relative to the duties of their employment. The committee shall provide office space for the three offices and furnish them with supplies, materials, fur niture, furnishings, books, equipment, and services."
Section 8. Code Section 45-12-78 of the Official Code of Georgia An notated, relating to annual budget estimates, is amended by striking subsec tion (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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JOURNAL OF THE SENATE

"(b) Except as provided hereinafter, the budget estimates for the General Assembly, including all the legislative agencies, shall be pre pared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Ac counts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said depart ment shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or con trol by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Repre sentatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee. All of such budget estimates shall include such object classes as the Leg islative Services Committee shall determine, and transfers of funds may be made between such object classes."
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 Kidd of the 25th moved that the Senate adopt the Conference Committee report on HB 900.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins

Deal Engram Foster Garner Gillis Greene Harris Holloway Horton Howard Hudgins Huggins

Kennedy Kidd Land Lester McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr

WEDNESDAY, FEBRUARY 29, 1984

2937

Stumbaugh Tate

Trulock

Turner

Those not voting were Senators:

Barker Barnes BBoownden
Dean
English

Fincher Harrison ,,Hl.1,,1
Mine
McKenzie

Scott of 36th Thompson _T,.tmmons
Tysinger
Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 900.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on the committee amendment and recedes from its position on the Groover amendment to the following bill of the Senate:

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 following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 415 was as follows:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the classification and issuance of falconry permits; to provide for the issuance of raptor propa gation permits; to provide restrictions on the hunting of feral hogs; to pro-

2938

JOURNAL OF THE SENATE

hibit 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. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 272-17, relating to falconry permits and activities, in its entirety and substitut ing in lieu thereof a new subsection (b) to read as follows:
"(b) There shall be three classes of falconry permits: apprentice, general, and master. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly 80 percent of the ques tions on an examination administered by the department relating to the basic biology, care, and handling of raptors; the literature on raptors; and the laws and regulations pertaining to raptors. Permits to take, transport, or possess raptors shall be issued in accordance with the standards, re quirements, and limitations set forth in 50 CFR Parts 17 and 21, as amended through February 1, 1984."
Section 2. Said title is further amended by adding at the end of Code Section 27-2-17, relating to falconry permits and activities, a new subsection (t) to read as follows:
"(t) The department may issue raptor propagation permits subject to the standards, requirements, and limitations set forth in 50 CFR Sec tion 21.30, as amended through February 1, 1984. All applications must be made in writing and submitted together with a completed application for a federal raptor propagation permit prepared in accordance with 50 CRF Section 21.30, as amended through February 1, 1984."
Section 3. Said title is further amended by adding at the end of Part 1 of Article 1 of Chapter 3 of Title 27, relating to general provisions applica ble to hunting wildlife, 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

WEDNESDAY, FEBRUARY 29, 1984

2939

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 or hunting feral hogs by means other than a firearm or bow and arrow;
(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 are 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 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Perry of the 7th moved that the Senate agree to the House substitute to SB 415.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Brannon Brantley Broun of 46th Brown of 47th Bryant CBoubrtbon
Coggin
Coleman
Coverdell Dawkins
Dean

English Engram Garner Gillis Greene Harris Hine HHoolrltoown ay
Howard
Hudgins
Huggins Kennedy
Kidd

Land Lester McGill Peevy Perry phim D jj- u S*cedudlsohff 2,nd,
ibtarr
Stumbaugh
Tate Trulock
Turner

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Bond Bowen Deal Fincher

Foster Harrison Hill McKenzie Scott of 36th

Scott of 43rd Thompson Timmons Tysinger Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 415.
The following bill of the Senate was taken up for the purpose of considering House amendment #1 thereto, the House having receded from House amendment #2:

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.
House amendment #1 was as follows:
Amend SB 426 as follows:
On Page 4, line 21,
delete the word "immediately" and reinsert the words "within ten"; and
On Page 4, line 22,
reinsert the words "days of notification of such determination."
Senator Broun of the 46th moved that the Senate agree to House amendment #1 to SB 426.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Coggin Coleman

Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene

Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land

WEDNESDAY, FEBRUARY 29, 1984

2941

tester McGill
McKenzie Peevy
Reddish

Scott of 43rd Starr Stumbaugh Tate

Thompson Trulock Turner Walker

Those not voting were Senators:

Bond Bowen Brannon Cobb Fincher

Hill Holloway Perry Phillips

Scott of 2nd Scott of 36th Timmons Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to House amendment #1 to SB 426.

His Excellency, Governor Joe Frank Harris, entered the Senate Chamber and briefly addressed the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 966. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd:
A resolution relative to adjournment.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute as amended by the House to the following bill of the House:

HB 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-

2942

JOURNAL OF THE SENATE

torneys, so as to revise completely the provisions relating to assistant district attorneys.

The following resolution of the House was read and put upon its adoption:

HR 966. By Representatives Murphy of the 18th, Burruss of the 20th and others:
A resolution relative to adjournment by the General Assembly sine die at 9:30 o'clock P.M. on Wednesday, February 29, 1984.

Senator Allgood of the 22nd offered the following amendment:

Amend HR 966 by striking on Page 1, line 3 the following: "9:30"
and inserting in lieu thereof the following: "10:15".

On the adoption of the amendment, the yeas were 46, nays 5, and the amendment was adopted.
On the adoption of the resolution, the yeas were 38, nays 2.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 1038 by deleting Section 3, Page 13 in its entirety and renumbering accordingly.

WEDNESDAY, FEBRUARY 29, 1984

2943

Senator Greene of the 26th moved that the Senate agree to the House amendment to the Senate substitute to HB 1038.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brantley Broun of 46th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

Engram Foster Garner Gillis Greene Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd

Land Lester McGill Peevy Phillips Reddish Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Barnes Bond Bowen Brannon Brown of 47th English

Fincher Harris Hill Holloway McKenzie Perry

Scott of 2nd Scott of 36th Starr Timmons Tysinger

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1038.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

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JOURNAL OF THE SENATE

The Conference Committee report on HB 890 was as follows:
The Committee of Conference on HB 890 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 890 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck III Representative, 95th District
/s/ William J. Lee Representative, 72nd District
/s/ John D. Russell Representative, 64th District

Conference Commitee substitute to HB 890:

A BILL
To be entitled an Act to amend Code Section 28-3-20 of the Official Code of Georgia Annotated, 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 for filling vacancies in the offices of the Secretary of the Senate and Clerk of the House of Representatives; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-3-20 of the Official Code of Georgia An notated, relating to the election and terms of office of the Secretary of the Senate and Clerk of the House of Representatives, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-3-20 to read as follows:
"28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house re spectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. In the event of a vacancy in the office of Clerk of the House of Repre sentatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session."

WEDNESDAY, FEBRUARY 29, 1984

2945

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 Kidd of the 25th moved that the Senate adopt the Conference Committee report on HB 890.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Mine Horton Howard Huggins Kennedy Kidd Land

Lester McGill McKenzie Peevy Perry Reddish Scott of 43rd Stumbaugh Tate Thompson Trulock Turner Walker

Those not voting were Senators:

Bond Bowen Brannon Brown of 47th Bryant

Fincher Hill Holloway Hudgins Phillips

Scott of 2nd Scott of 36th Starr Timmons Tysinger

On the motion, the yeas were 41, nays 0; the motion prevailed and the Senate adopted the Conference Committee report on HB 890.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 319. By Senator Garner of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti-

2946

JOURNAL OF THE SENATE

tutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital.

Senator Garner of the 30th moved that since the First Conference Committee re port on SB 319 was rejected by the House a Second Conference Committee be appointed.

On the motion, the yeas were 29, nays 1; the motion prevailed, and the President appointed as a Second Conference Committee on the part of the Senate the following:

Senators Garner of the 30th, Greene of the 26th and Barnes of the 33rd.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 1271 was as follows:
The Committee of Conference on HB 1271 recommends that the Sen ate recede from its position and that the bill as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Culver Kidd Senator, 25th District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Boyd Pettit III Representative, 19th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Jim Martin Representative, 26th District

Senator Barnes of the 33rd moved that the Senate adopt the Conference Commit tee report on HB 1271.

WEDNESDAY, FEBRUARY 29, 1984

2947

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Engram Garner Gillis Greene Harris Harrison Hine Holloway Huggins Kennedy Kidd Land tester McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Fincher

Foster Hill Horton Howard

Hudgins Reddish Scott of 36th Timmons

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1271.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 696. By Representatives Wilson, Thompson and Cooper of the 20th:
A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.

2948

JOURNAL OF THE SENATE

The House has agreed to the Senate amendment to the following resolution of the House:

HR 966. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd:
A resolution relative to adjournment.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has rejected Conference Committee report #1 on the following bill of the House:

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.

The House has appointed a 2nd Committee of Conference on the following bill of the House:

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.

The Speaker has appointed on the part of the House:

Representatives Buck of the 95th, Lawson of the 9th and Copelan of the 143rd.

WEDNESDAY, FEBRUARY 29, 1984

2949

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has appointed a 2nd Committee of Conference on the following bill of the Senate:
SB 319. By Senator Garner of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital.
The Speaker has appointed on the part of the House:
Representatives Chambless of the 133rd, Smyre of the 92nd and Buck of the 95th.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Deal of the 49th moved that since the First Conference Committee report on HB 946 was rejected by the House a Second Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the President appointed as a Second Conference Committee on HB 946 the following:
Senators Deal of the 49th, Peevy of the 48th and Greene of the 26th.
The following bill of the Senate was taken up for the purpose of considering the Second Conference Committee report thereon:
SB 319. By Senator Garner of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital.

2950

JOURNAL OF THE SENATE

The Second Conference Committee report on SB 319 was as follows:
The Committee of Conference on SB 319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 319 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Richard L. Greene Senator, 26th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Thomas B. Buck III Representative, 95th District
/s/ Calvin Smyre Representative, 92nd District

Conference Committee 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;

WEDNESDAY, FEBRUARY 29, 1984

2951

(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 as relates to the property transferred. Such distribution is author ized 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 administration 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 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.

Senator Garner of the 30th moved that the Senate adopt the Second Conference Committee report on SB 319.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coggin Coleman Coverdell Dawkins Dean English Engram Foster Garner

Gillis Greene Harris Harrison Mine Howard Huggins Kennedy Kidd

2952
Land Lester McGill McKenzie Perry Phillips

JOURNAL OF THE SENATE

Reddish Scott of 43rd Starr Stumbaugh Tate
Thompson

Timmons Trulock T lurner Tysinger
Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Bond Bowen Brannon Fincher

Hill Holloway Horton

Hudgins Scott of 2nd Scott of 36th

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 319.
The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 696. By Representatives Wilson, Thompson and Cooper of the 20th and others: A resolution authorizing and directing the Department of Transportation to designate Interstate Highway 75 from the Chattahoochee River northward to the Georgia-Tennessee boundary line as the Lawrence Patton McDonald Memorial Highway.
Senator Perry of the 7th moved that the Senate recede from the Senate substitute to HR 696.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Dawkins Dean English Engram Garner Greene Harris Hine

Howard Kennedy Kidd Land Lester McGill McKenzie Phillips Starr

WEDNESDAY, FEBRUARY 29, 1984

2953

Thompson Timmons

Turner Tysinger

Walker

Those voting in the negative were Senators:

Coverdell
Deal Foster

Peevy
Scott of 43rd Stumbaugh

Tate Trulock

Those not voting were Senators:

Bond Bowen CBoragngninon
Fincher
Gillis

Harrison Hiu H,, ol.l, oway
Horton
Hudgins

Huggins Perry R, ed,d,.ish,
Scott of 2nd
Scott of 36th

On the motion, the yeas were 32, nays 8; the motion prevailed, and the Senate receded from the Senate substitute to HR 696.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:
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.
The Conference Committee report on SB 346 was as follows: The Committee of Conference on SB 346 recommends that both the
Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 346 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Culver Kidd Senator, 25th District
/s/ Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Terry L. Coleman Representative, 118th District
/s/ J. C. Daugherty, Sr. Representative, 33rd District

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Conference Committee substitute to SB 346:

A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospi tals, so as to change the provisions relating to the number of members 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 provide for state funding for medical education provided by certain desig nated teaching hospitals; to provide for effective dates; 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 regulation and construction of hospitals, is amended by striking from Code Section 31-7-72, relating to the creation of hospital au thorities, subsection (a) thereof in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created in and for each county and municipal corpora tion of the state a public body corporate and politic to be known as the 'hospital authority' of such county or city, which shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of the county or municipal corporation of the area of operation for staggered terms as specified by resolution of the governing body. The number of members of any hospital authority as of March 1, 1984, may be increased by not more than two additional members by the adoption of a resolution of the members of the hospital authority, and such additional members shall be appointed through the same process used for filling vacancies which was in effect for such hospital authority on January 1, 1984. 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, consideration shall be given as to whether a licensed doctor of medicine or registered nurse currently serves on such authority. If no licensed doctor of medicine or registered nurse currently serves on such authority, then 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 transact any business or exercise any powers under this Code section until the governing body of the area of operation shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. Copies of a resolution so adopted and any resolution adopted by the governing body providing for filling vacancies in the membership of the authority or making any changes in membership shall be filed with the department."
Section 2. Said chapter is further amended by striking in its entirety Code Section 31-7-95 thereof, providing funding for medical education pro vided by hospital authorities, and inserting in its place a new Code section to read as follows:

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"31-7-95. (a) As used in this Code section, the term:
(.1) 'Designated teaching hospital' means a teaching hospital oper ated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state-funded tertiary, neonatal, obstetrical centers with the Family Health Section of the De partment of Human Resources.
(1) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association.
(2) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital.
(b) The General Assembly finds that the major hospital authorities and designated teaching hospitals in this state provide a valuable service benefitting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians; this service is provided through residency programs offered by these teaching hospitals. By the provision of residency programs operated by state teaching hospi tals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsibility when the medical education and train ing are provided by teaching hospitals operated by hospital authorities or by designated teaching hospitals.
(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or desig nated teaching hospital, the Board of Regents of the University System of Georgia shall pay $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the board of regents. The board of regents is authorized to designate the Joint Advisory Board of Family Practice to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making pay ments to hospital authorities and designated teaching hospitals as pro vided herein.
(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the board of regents. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teach ing hospitals under subsection (c) of this Code section, the amount other wise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The local government or governments responsible for the governance or the financial support of the hospital authority or authorities shall provide a certified audit to the

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board of regents by September 29, 1980, and on the same date yearly thereafter, which shows clearly the exact amount of local funds contrib uted to the authority during the most recent full fiscal year of operation of the authority or authorities. No funds provided for in this Code section shall be distributed to any hospital or hospital authority if the local gov ernment's contribution in any year hereafter falls below the previous year's contribution as shown in the certified audit. The board of regents shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. As used in this subsection, the term "local funds" means in kind or cash contributions. The provisions of this subsection requiring certified audits of local fund contributions and prohibiting reduction in such contributions shall not apply to any desig nated teaching hospital. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals.
(e) Nothing in this Code section shall be construed to amend, mod ify, supersede, or repeal Chapter 10 of Title 49."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval, except that Section 2 of this Act shall become effective January 1, 1985.
Section 4. 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 SB 346.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine 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

WEDNESDAY, FEBRUARY 29, 1984

2957

Voting in the negative was Senator Brantley.

Those not voting were Senators:

Bond Brannon Fincher

Hill Holloway

Hudgins Scott of 36th

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 346.

The following resolution of the Senate was read and adopted:

SR 478. By Senators Greene of the 26th, Hine of the 52nd, Harris of the 27th and others:
A resolution expressing admiration for and awe of the distinguished Senator from the First District, Honorable J. Tom Coleman, Jr.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

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.

The Second Conference Committee report on HB 946 was as follows:
The Committee of Conference on HB 946 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 946 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck III Representative, 95th District

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/s/ Donn M. Peevy Senator, 48th District
/s/ J. Nathan Deal Senator, 49th District

/s/ Bobby Lawson Representative, 9th District
/s/ Jesse Copelan, Jr. Representative, 106th District

Conference Committee 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 change provisions relating to commissions of magistrates; to extend the date under which a probate judge may serve as chief magistrate by appointment of the superior court judges; to change certain qualifications of magistrates; to de lete certain exemptions from training requirements; to provide that appeals may be taken to the state court or to the superior court; to provide that when a counterclaim amount exceeds the jurisdictional limit, the case will be transferred to any court having jurisdiction; to change provisions relating to judgments of the magistrate court constituting liens; to change provisions regarding arrest and confinement for county ordinance violations; to make discretionary the imposition of costs against persons convicted of violations of county ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 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 15-10-3, relating to the oath and commis sions of magistrates, and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of superior court shall make an entry of the oath on the minutes of the superior court and the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission."
Section 2. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 15-10-20, relating to the number and selec tion of magistrates, and inserting in its place a new subsection (g) to read as follows:
"(g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate and provide for compensation of the probate judge in his capacity as chief magistrate; and in such a case the chief magistrate shall not be separately elected but shall be the probate judge. In the absence of local law, the judges of superior court may, with the consent of the probate judge, provide that the probate judge shall serve as chief magistrate until January 1, 1985, and provide for his compensation in such capacity. Notwithstanding sub section (d) of this Code section and in the absence of local law, the Gov ernor may provide that the probate judge shall be reappointed as chief

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2959

magistrate until January 1, 1989, and, subject to general law, provide for his compensation in such capacity; provided such appointment shall be made before May 23, 1984, and shall be made with the consent of the probate judge in office on such date. Any compensation paid under this subsection shall be paid from county funds."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-22, relating to qualifications of magis trates, and inserting in its place a new subsection (a) to read as follows:
"(a) Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 25 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magistrate pursuant to Code Section 15-10-120 shall be eligible to the office of mag istrate without the necessity of meeting these qualifications. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-25, relating to training requirements for magistrates, and inserting in its place a new subsection (a) to read as follows:
"(a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter."
Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to availability of jury tri als and appeals in magistrate courts, and inserting in its place a new subsec tion (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 6. 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 its place 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

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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 7. Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to judgments of the magistrate courts con stituting liens, in its entirety and inserting in its place a new Code Section 15-10-47 to read as follows:
"15-10-47. Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and en forcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts."
Section 8. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-62, relating to prosecutions upon cita tions or accusations, and inserting in its place a new subsection (b) to read as follows:
"(b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkeness or disorderly conduct; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his future appearance."
Section 9. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-10-63, relating to the permitted use of citations, and inserting in its place a new subsection (d) to read as follows:
"(d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkeness or disorderly conduct; but any defen dant who fails to appear for trial shall be arrested thereafter on the war rant of the magistrate and required to post a bond for his future appearance."
Section 10. Said chapter is further amended by striking in its entirety Code Section 15-10-64, relating to execution and confinement, and inserting in its place a new Code Section 15-10-64 to read as follows:
"15-10-64. (a) Execution may issue immediately upon any fine im posed by the court and not immediately paid.
(b) The sheriff of the county shall receive and house all persons sen tenced to confinement for contempt or arrested or sentenced to confine ment for violation of county ordinances."
Section 11. Said chapter is further amended by striking in its entirety Code Section 15-10-81, relating to imposition of court costs in county ordi nance violation cases, and inserting in its place a new Code Section 15-1081 to read as follows:
"15-10-81. In cases of conviction of violation of county ordinances, costs of not more than $30.00 may be taxed against the defendant."

WEDNESDAY, FEBRUARY 29, 1984

2961

Section 12. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-10-137, relating to training requirements of certified magistrates, and inserting in its place a new subsection (c) to read as follows:
"(c) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional train ing per annum during each calendar year after the year of his initial certification in which he serves as a magistrate judge."
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Second Conference Committee report on HB 946.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Mine 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 voting were Senators:

Barker Bond Bowen Brannon

Fincher Harrison Hill

Holloway Hudgins Scott of 36th

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 946.

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The following message was received from the House through Mr. Ellard, the Clerk thereof:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 following resolutions of the Senate were read and adopted:

SR 471. By Senator Garner of the 30th: A resolution commending the Omni Civitan Club of Atlanta, Inc.

SR 472. By Senator Trulock of the 10th: A resolution commending Mr. Jimmy Henderson and Mr. Curtis Quillen.

SR 473. By Senators Tysinger of the 41st, Scott of the 43rd, Burton of the 5th and others:
A resolution commending Mr. Scott Candler, Jr.

SR 475. By Senators Fincher of the 54th, Allgood of the 22nd, tester of the 23rd and others:
A resolution commending Mr. O. Torbitt Ivey, Jr.

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2963

SR 476. By Senator Howard of the 42nd:
A resolution honoring and commending Honorable Albert "Al" Holloway, Senator of the 12th District.

SR 477. By Senator Coleman of the 1st:
A resolution stating the position of the Senate concerning certain actions which are prohibited by the "Georgia Motor Vehicle Franchise Practices Act".

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 487 was as follows:

A BILL
To be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that members of the State Personnel Board shall receive the same expense allow ance per day as that received by a member of the General Assembly for each day while attending meetings or performing official business for the board, plus reimbursement for certain other expenses in connection with such attendance or official business; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-721, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, in its entirety and substituting in lieu thereof a new Code Section 45-7-21 to read as follows:
"45-7-21. Each member of the boards and commissions listed below shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commis sion, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal auto-

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mobile in connection with such attendance. The above shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education;
(2) State Medical Education Board;
(3) Board of Regents of the University System of Georgia;
(4) Board of Offender Rehabilitation;
(5) Board of Industry and Trade;
(6) Board of Natural Resources;
(7) State Transportation Board;
(8) Dental Education Board;
(9) Georgia Student Finance Commission; and
(10) Veterans Service Board."
Section 2. Said title is further amended by striking subsection (a) of Code Section 4S-20-3, relating to duties and functions of the State Person nel Board generally, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The State Personnel Board shall prescribe the general poli cies by which the state merit system shall be administered. The board shall hold regular meetings at least once each month and may hold addi tional meetings as may be required for the proper discharge of its duties.
(2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attend ance or official business.
(3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum."
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.

WEDNESDAY, FEBRUARY 29, 1984

2965

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 487.

On the motion, 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 Burton Cobb Coggin Coleman Coverdell Dawkins Deal Dean

English Foster Gillis Greene Harris Hine Horton Huggins Kennedy Kidd Land McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 43rd Starr Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Engram

Stumbaugh

Thompson

Those not voting were Senators:

Barker Bond Brannon
Bryant Fincher

Garner Harrison Hill Holloway

Howard Hudgins Lester Scott of 36th

On the motion, the yeas were 40, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 487.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

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The House amendment was as follows:

Amend SB 338 by striking on lines 20 and 21 of Page 1 the words "or classifications".

Senator Foster of the 50th moved that the Senate agree to the House amendment to SB 338.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coggin Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene Harris Hine Horton Howard Huggins Kennedy Kidd Land Lester

Those not voting were Senators:

McGill McKenzie Peevy Phillips Scott of 2nd Scott of 43rd Starr Stumbaugh Tate Thompson Timmons Turner Tysinger Walker

Bond Brannon Bryant
Coleman Fincher

Garner Harrison Hill
Holloway Hudgins

Perry Reddish Scott of 36th Trulock

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 338.

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2967

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 298. By Representatives Milford and Clark of the 13th:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, known as "The Municipal Home Rule Act of 1965," so as to limit the authority of the largest municipal corporation of a county with a population of not less than 74,400 and not more than 74,600 to adopt ordi nances, rules, and regulations relating to the charging of fees for certain municipal services.
The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 298. By Representatives Milford and Clark of the 13th:
A bill to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, known as "The Municipal Home Rule Act of 1965," so as to limit the authority of the largest municipal corporation of a county with a population of not less than 74,400 and not more than 74,600 to adopt ordi nances, rules, and regulations relating to the charging of fees for certain municipal services.
Senator Barnes of the 33rd moved that the Senate insist upon the Senate substi tute to HB 298.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 298.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:
HB 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.

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HB 1090. By Representatives Lawler of the 20th, Coleman of the 118th and Cooper of the 20th:
A bill to amend Code Section 40-8-90 of the Official Code of Georgia Anno tated, relating to flashing or revolving blue lights on motor vehicles, so as to authorize certain sheriffs to use flashing or revolving blue lights on their personal motor vehicles under certain circumstances.

HB 951. By Representative Phillips of the 120th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeep ers, so as to change the provisions relating to the liabilities of the innkeeper for valuables of guests.

The House has agreed to the Senate amendment to the House substitute to the following resolution of the Senate:

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 House has agreed to the Senate substitutes to the following bills of the House:

HB 1683. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Bacon County, so as to provide for commissioner districts.

HB 1659. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to create new commissioner districts for the election of commissioners.

The House has agreed to the Senate substitute to the following resolution of the House:

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.

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2969

The House has agreed to the Senate substitutes to the following bills of the House:

HB 554. By Representatives Barnes of the 90th, Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the composition of the board of education of Rich mond County and provide for new districts therefor.

HB 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 House has agreed to the Senate substitutes to the following resolutions of the House:

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.

HR 733. By Representatives Bolster of the 30th and Wilson of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize the creation of special community improvement districts for the purpose of providing governmental services.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1205. By Representatives Caldwell of the 16th, and Childers 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.

The House has agreed to the Senate substitute to the following bill of the House:

HB 94. By Representative Selman of the 32nd:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia An notated, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide for the payment of disability benefits to cer tain persons who were previously members of the Peace Officers' Annuity

2970

JOURNAL OF THE SENATE

and Benefit Fund and who, upon becoming disabled, were denied disability benefits.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1655. By Representative Jones of the 78th: A bill to make provisions for the Magistrate Court of Butts County.

HB 1682. By Representative Adams of the 79th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to create new commissioner districts for the election of commissioners.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 589. By Representatives Porter of the 119th, Lane of the 111th, Crawford of the 5th and others:
A resolution proposing an amendment to the Constitution, so as to provide that property qualifying for preferential assessment which is devoted to bona fide agricultural purposes may be owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens or by a trust of which the beneficiaries are one or more natural or naturalized citizens.

The House has agreed to the Senate amendment to the following bill of the House:

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.

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:

SB 23. By Senator Scott of the 43rd:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to stolen motor vehicles and the filing of reports in connection therewith, so as to provide that the owner of a motor vehicle which has been stolen and subsequently recovered shall not be charged storage fees on the recovered motor vehicle.

WEDNESDAY, FEBRUARY 29, 1984

2971

The House has rejected the report of the Committee of Conference on the follow ing bill of the House:

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.

The House has adopted the reports of the Committees of Conference to the follow ing bills of the House and Senate:

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 Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of low-voltage contracting.

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.

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 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 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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JOURNAL OF THE SENATE

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.

HB 901. By Representatives Murphy of the 18th, Burruss and Wilson 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 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 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.

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 House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 431. By Senator Reddish of the 6th:
A resolution urging the Department of Transportation to designate the Owen G. Lee Parkway.

WEDNESDAY, FEBRUARY 29, 1984

2973

The House has passed by the requisite constitutional majority the following bills of the Senate:

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 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.

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 House has passed by the requisite constitutional majority the following bills of the Senate:

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.

SB 561. By Senator Reddish of the 6th:
A bill to provide a homestead exemption from Camden County ad valorem taxation for county and school purposes in the amount of $25,000.00 for each resident of Camden County who is 62 years of age or older.

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JOURNAL OF THE SENATE

SB 564. By Senator Barnes of the 33rd:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the corporate limits of the city.

SB 565. By Senator Gillis of the 20th:
A bill to provide that the school superintendent of Toombs County School District shall be appointed by the board of education of Toombs County.

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 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 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 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

WEDNESDAY, FEBRUARY 29, 1984

2975

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 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 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 in public stadiums, coliseums, and auditoriums, in certain counties and municipalities.

SB 122. By Senator tester of the 23rd:
A bill to amend an Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to provide pen sion benefits for the surviving spouse of the judge emeritus; to provide for the holding of any compensating position with Richmond County or of the State of Georgia of any agency of same.

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 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.

2976

JOURNAL OF THE SENATE

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 House has adopted the reports of the Committees of Conference on the fol lowing bills of the House:

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.

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.

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 I, 1984, and ending June 30, 1985.

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.

The House has adopted the report of the 2nd Committee of Conference on the following bill of the Senate:

SB 319. By Senator Garner of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide for the transfer of property belonging to a patient which is in the possession of a hospital.

WEDNESDAY, FEBRUARY 29, 1984

2977

The House has adopted the report of the 2nd Committee of Conference on the following bill of the House:

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.

The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate:

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.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 623. By Representatives McKinney of the 35th, Childers of the 15th, Selman of the 32nd and others:
A resolution creating the Joint Committee to Study the Creation of Sepa rate Mental Health and Mental Retardation Divisions.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Sen ate as correct and ready for transmission to the Governor:

SB 492.
SB 563. SB 93. SB 101.
SB 254. SB 297. SB 312.
SB 352.

SB 382.
SB 385. SB 387. SB 389.
SB 395. SB 403. SB 411.
SB 420.

SB 436.
SB 446. SB 447. SB 454.
SB 471. SB 503. SB 174.
SB 191.

SB 354.
SB 363. SB 367. SB 369.
SB 371. SB 372. SB 376.
SB 383.

2978
SB 386. SB 400. SB 405. SB 409. SB 410. SB 421. SB 426. SB 432. SB 433. SB 445. SB 449.
SB 457 SB 459SB 473 SB 477 ' SB 48L SB 486' ^? !?T *" *"" g" ':' SB ' SB ,,,' SB 525' SB 535 ' SB 55?' SR 267 SR 268 SR 277 SR 301' SR 313. SR 315. SR 344. SR 366. SR 383. SB 61. SB 106.

JOURNAL OF THE SENATE

SB 108. SB 149. SB 232. SB 246. SB 259. SB 315. SB 326. SB 332. SB 344. SB 355. SB 358
SB 388. SB 442. SB 444. SB 450. SB 498. SB 504.
SB 554. SB 561. SB 564. SB 565. SR 274. SB 122. SB 321. SB 331. SB 333SB 35L SB 370. SB 374. SB 390. SB 392. SB 415. SB 427. SB 452. SB 480. SB 502.

SB 530. SB 542. SB 548. SB 549. SB 550. SB 551. SB 553. SB 555. SB 560. SB 28. SB 38 .
SB 63. SB 167. SB 175. SB 186. SB 290. SB 319.
SB 322. SB 328. SB 343. SB 364. SB 366. SB 378. SB 393. SB 401. SB 404SB 425 ' SB 455. SB 474. SB 475. SB 487. SB 490. SB 495. SB 505. SB 537. SB 544.

SB 552. SR 300. SR 307. SB 23. SB 227. SB 248. SB 323. SB 325. SB 338. SB 346. SB 375.
SB 408. SB 419. SB 440. SB 451. SB 463. SB 465.
SB 469. SB 482. SB 483. SB 488. SB 497. SB 524. SB 527. SB 538. SB 54L SB 556 ' SB 558. SB 559. SB 562. SB 112. SB 448. SB 513. SB 545. SR 319. SR 431.

Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18
The President announced at 10:14 o'clock P.M. that, pursuant to the provisions of HR 966, the Senate would now stand adjourned sine die.

Senate Journal Index
1984
Regular Session

INDEX

2981

PART I
SENATE BILLS AND RESOLUTIONS
SB 3--Crimes and Offenses; false report of crime, penalty . . .No action in 1984 SB 4--Alcoholic Beverages; drinking age, raise to 21
years ................................... No Senate action in 1984 SB 6--Controlled Substances; forfeiture, interest of
property owner. .......................... No Senate action in 1984 SB 7--Insurance; motor vehicle accident, prohibit
cancellation due to accident ...................... .No action in 1984 SB 10--Controlled Substances; forfeitures, burden of proof on
claimant of property............................. .No action in 1984 SB 12--Merit System; adverse actions against employee by
appointing authority, Personnel Board cannot reduce punishment. .................................... .No action in 1984 SB 15--Public Utilities; telephone service, toll calls within county prohibited, referendum requirements ......... .No action in 1984 SB 17--Public Utilities; Emergency Telephone System, regional "911" toll free................................ 74, 85, 158 SB 19--Revenue; sales tax, estimated tax, remove filing requirements ....................................No action in 1984 SB 20--Life Imprisonment Without Parole; sentence for murder conviction ................................No action in 1984 SB 22--Courts; juries, equal strikes for state and defendant . . .No action in 1984 SB 23--Law Enforcement; motor vehicle stolen, owner notified on recovery, storage fees ............. 2724, 2765, 2970, 2978 SB 24--Used Motor Vehicle Parts and Salvage Dealers; open records ........................................ .No action in 1984 SB 26--Courts; Civil, time periods in legal actions, weekends and holidays ................................... .No action in 1984 SB 27--Health; mentally ill, involuntary hospitalization not exceed 12 months ............................... .No action in 1984 SB 28--Health; mentally ill, patient transfer to federal agency for diagnosis, treatment ............. 812, 853, 1063, 1066, 2974, 2978 SB 29--Guardians; procedure for appointment. ............. .No action in 1984 SB 33--General Assembly; members, absences reviewed by Senate and House committees .................... .No action in 1984 SB 34--Hospitals; public, radiologist, pathologist fees, payment for services..................................... .No action in 1984 SB 35--Baldwin County; interest rate on unpaid ad valorem taxes .......................................... No action in 1984 SB 36--State Employees; engage in political activities or run for local office, certain cases ........... No Senate action in 1984 SB 37--Teachers Retirement; credit for service in Western Hemisphere .................................... .No action in 1984 SB 38--Garnishment; amount owed not exceed amount shown on summons .......................................... 1941, 2978 SB 39--Crimes and Offenses; statutory rape, change age. .... No action in 1984 SB 43--Attorney General; provide counsel for sheriffs, certain cases .......................................... No action in 1984 SB 44--Criminal Procedure; pretrial motions, courts set time for filing ....................................... No action in 1984

2982

INDEX

SB 46--Crimes and Offenses; sexual exploitation of children, redefine minor as 16 years ....................... .No action in 1984
SB 47--Crimes and Offenses; children, material depicting sexually explicit conduct unlawful ................. .No action in 1984
SB 48--Gasoline Marketing Practices; retail station, refiner or manufacturer prohibited from operating ............ .No action in 1984
SB 49--Medical Examiners, Coroners; bond requirements............................. No Senate action in 1984
SB 50--Coroners; Training Council, create, certification requirements, fees ........................ No Senate action in 1984
SB 51--State Patrol; interstate highways, enforcement duties ........................................ 182, 201, 243, 244
SB 52--Crimes and Offenses; sexual assault, definitions...... .No action in 1984 SB 53--Traveler's Convenience Act; gasoline station services,
restrooms ...................................... No action in 1984 SB 54--Gasoline Marketing Practices; surcharge by distributor
to retailer honoring credit card prohibited. .......... No action in 1984 SB 55--Handicapped Persons; self-service gasoline station,
attendant give aid at no cost..................... No action in 1984 SB 57--Workers' Compensation; vocational rehabilitation
provisions ...................................... .No action in 1984 SB 58--Workers' Compensation; records available to
employers, certain cases .......................... .No action in 1984 SB 60--Trials; elderly person party in civil cases, time
exceptions .............................. No Senate action in 1984 SB 61--Traffic Offenses; sentence or judgment, procedure for
modifying ....................................... 1942, 1997, 2978 SB 62--Teachers Retirement; employed in local system,
eligibility ...................................... .No action in 1984 SB 63--Legislative Retirement; no credit for local system
service, no option for Employees' system............. 2376, 2660, 2978 SB 64--Education; grants, incentive to local units........... .No action in 1984 SB 66--Penal Institutions; convicted person, confinement
during appeal................................... .No action in 1984 SB 67--Juries; equal strikes state and defendant, exemption
from duty...................................... .No action in 1984 SB 68--Electronic Data Processing Review committee; create. .No action in 1984 SB 71--Wills; priority of claims against an estate. ....... .No action in 1984 SB 74--Public Utilities; telephone service to subdivisions,
provisions ...................................... .No action in 1984 SB 75--Motor Vehicles; equipment, firms selling flashing
lights, information to police. ...................... No action in 1984 SB 76--Children; custody, choice of parent to live with,
change age .............................. No Senate action in 1984 SB 77--Cobb County; annexation requirements ............. No action in 1984 SB 78--Courts; Superior, sentence review, procedure ...... No action in 1984 SB 79--Campaign and Financial Disclosure; contributions and
expenditures, lawful uses ................................. 235, 294 SB 80--Superior Court Judges Retirement; workers'
compensation law judge, credit.................... .No action in 1984 SB 82--Probation; county employee transfer to state-wide, no
involuntary separation ........................... No action in 1984 SB 85--Corporations; venue, sued in county where cause
of action originated ............................ 716, 733, 844, 1039

INDEX

2983

SB 86--Tort Actions; wrongful death of spouse or parent, recovery ...................................... .No action in 1984
SB 87--Tort Actions; wrongful death, recovery of punitive damages ....................................... .No action in 1984
SB 90--Railroad Cars; reflective material required, night operations ...................................... .No action in 1984
SB 92--District Attorneys Emeritus; salary provisions ................. 31, 32 SB 93--Professions; behavioral science, marriage counselors,
social workers, licensing ..................... 2375, 2421, 2478, 2977 SB 94--Public Retirement Systems Standards Law; enact.... .No action in 1984 SB 95--Public Retirement Systems Standards Law; enact.... .No action in 1984 SB 97--Law Enforcement; State Patrol Uniform Division,
compensation ................................... .No action in 1984 SB 98--Marriage Licenses; repeal blood test requirement . . No action in 1984 SB 99--Law Enforcement; uniform violation citations, traffic
offenses ........................................ No action in 1984 SB 100--Financial Institutions; advertising in contractual
relationships .................................... .No action in 1984 SB 101--Motor Vehicles; abandoned, time requirements ....... 1701, 1760, 2977 SB 103--Driving Under the Influence, DUI; prohibit nolo
contendere plea, changes in charges................ .No action in 1984 SB 104--Education; nursing students, loan funds ............ No action in 1984 SB 106--Game and Fish; hunting, liability for injuring or
killing person .................................... 1701, 1756, 2978 SB 107--Courts; habeas corpus petitions, inmates' defense
and transfer ............................... 1239, 1301, 1472, 1473 SB 108--Bond; appeal, certain convicted felons .............. 2781, 2800, 2978 SB 109--Employees' Retirement; military service credit....... .No action in 1984 SB 112--Education; county boards, sell or buy property for
vocational education ................................... 1943, 2978 SB 114--Employees' Retirement; annuity, redefine ........... .No action in 1984 SB 115--Teachers Retirement; redefine annuity ............. No action in 1984 SB 116--Superior Court Judges Retirement; membership
optional ....................................... No action in 1984 SB 117--Teachers Retirement; unused sick leave, service credit No action in 1984 SB 118--Teachers Retirement; creditable service provisions. . . . No action in 1984 SB 119--Employees' Retirement; annuity savings fund, define . No action in 1984 SB 120--Teachers Retirement; Board of Trustees, redefine .... No action in 1984 SB 122--Richmond County; Probate Court Judge Emeritus,
pension benefits ....................... 1525, 1595, 1735, 2975, 2978 SB 125--District Attorneys Emeritus Retirement; increase
benefits ........................................ .No action in 1984 SB 126--Employees' Retirement; service credit, employed by
district attorney................................. No action in 1984 SB 127--Superior Court Judges Retirement; redefine employer No action in 1984 SB 128--Legislative Retirement; change definition ........... No action in 1984 SB 129--Retirement; State-funded systems, equal increases for
all recipients ................................... No action in 1984 SB 134--Fulton County; Health Board, powers and duties .... .No action in 1984 SB 135--Penal Institutions; earned-time allowance accrue after
sentence is final................................. No action in 1984 SB 138--Juvenile Proceedings; court jurisdiction, 17 year
olds, status offender provisions ........... No Senate action in 1984

2984

INDEX

SB 139--Crimes and Offenses; bad checks, penalties for issuance ....................................... .No action in 1984
SB 141--Professions; physicians, license refused, drugs or detrimental action. .............................. No action in 1984
SB 142--Counties; tax digest, equalization procedures ........ No action in 1984 SB 143--Crimes and Offenses; escape, change penalties ...... No action in 1984 SB 144--Magistrate Courts; create in each county ........... .No action in 1984 SB 145--Used Motor Vehicle Parts and Salvage Dealers;
change termination date of Board ................. .No action in 1984 SB 148--Community Service; probation condition, change limits
on court ..................................... No action in 1984 SB 149--Professions; examining boards, powers and duties,
Senate confirmation of members. ..................... 181, 201, 243, 247, 1654, 2339, 2626, 2978
SB 150--Tort Actions; physicians, nurses, liability for injuring patient, state mandated program .................. .No action in 1984
SB 152--Workers' Compensation; liability of third persons to employer and employee .......................... .No action in 1984
SB 153--Crimes and offenses; trial termination, prejudicial conduct........................................ .No action in 1984
SB 156--Court Costs; trial transcript, payment for preparation No action in 1984 SB 157--DeKalb Junior College; transfer to University System . 827, 1143, 1144 SB 158--Courts; civil practice, dismissal of actions. .......... .No action in 1984 SB 164--Education; teachers, accumulation of sick leave ...... .No action in 1984 SB 166--Ad Valorem Tax; return filed by unauthorized person
unlawful ....................................... .No action in 1984 SB 167--Mechanics' and Materialmen's Liens; special cases on
certain property.................................. 2376, 2465, 2978 SB 170--Courts; assistant district attorneys, compensation ... .No action in 1984 SB 172--Stolen Property; return to owner after seizure ....... .No action in 1984 SB 174--Natural Resources; State park lakes, boating rules .... 1654, 1674, 2977 SB 175--Public School Employees Health Insurance; change
provisions ....................................... 2376, 2494, 2978 SB 177--Transportation Department; contract and bid
provisions ...................................... .No action in 1984 SB 179--Children; Human Resources custody, earned-time
allowances ..................................... .No action in 1984 SB 185--Education Authority, Schools; project, definition
include public library facilities .................... .No action in 1984 SB 186--Living Will; authorize discontinuance of extraordinary
life-sustaining procedures ................. 182, 212, 1630, 1632, 2978 SB 187--Fulton-DeKalb Counties; powers of municipal
corporation in unincorporated areas ................ .No action in 1984 SB 191--Indemnification; law enforcement officers, prison
guards and Youth Services Division Director ......... 1941, 2001, 2977 SB 197--Grand Jury; special investigative with state-wide
jurisdiction ..................................... No action in 1984 SB 198--State Purchasing; contracts, preference to minority
businesses ...................................... .No action in 1984 SB 201--Housing; Residential Finance Authority, powers and
duties, repeal Secondary Market Corporation Act.... .No action in 1984 SB 202--Meetings, Open to Public; revise Code chapter ...... .No action in 1984 SB 203--State Government; public records, personnel
information confidential .......................... .No action in 1984

INDEX

2985

SB 205--Amusement Rides; safety inspection ............... No action in 1984 SB 209--Agriculture; Vidalia onions, provisions for unlawful
labeling........................................ .No action in 1984 SB 213--Governor's Export Council; create within Industry
and Trade................................. 31, 32, 851, 1063, 1067 SB 214--Public Housing; prohibit fraudulent practices to
obtain ......................................... No action in 1984 SB 216--Alcoholic Beverages; sales on a two-for-one basis,
prohibit........................................ No action in 1984 SB 217--Electric Membership Corporations; power substations
conform to local zoning .......................... No action in 1984 SB 222--Highways; grates accommodate bicycles, county,
municipal repairs......................... No Senate action in 1984 SB 223--Driver's License; suspended or revoked, penalty for
driving ........................................ No action in 1984 SB 224--Tort Actions; liability of owners of animals
causing injury ........................... No Senate action in 1984 SB 226--Criminal Procedure; defendant's release, notification to
witnesses or victims ............................. No action in 1984 SB 227--Augusta-Richmond County; commissioners board,
composition ..................................... 2337, 2720, 2978 SB 228--Public Officers; ethics code, public disclosure, regulate
lobbying ...................................... No action in 1984 SB 229--Landlord and Tenant; cable television provisions,
multifamily dwellings ................................... 31, 32, 51 SB 230--Education; teachers, performance evaluations and
termination .................................... No action in 1984 SB 231--Human Resources Department; employees, 26 pay
periods per year .......................................... 31, 32 SB 232--Juvenile Proceedings; protective orders ................ 108, 187, 2978 SB 234--Augusta, City of; change corporate limits........... No action in 1984 SB 235--Glynn County; alcoholic beverage sales on Sunday . . . No action in 1984 SB 236--Energy Resources Office; create, abolish Energy
Resources Council............................... No action in 1984 SB 238--Milledgeville, City of; mayor and aldermen, election,
terms.......................................... No action in 1984 SB 240--Domestic Relations; alimony, jurisdiction of court. . . . No action in 1984 SB 243--Alcoholic Beverages; sales to intoxicated persons,
breath analysis machines required in taverns ........ No action in 1984 SB 244--Youthful Offender Act of 1972; repeal ............ No action in 1984 SB 245--Property; mechanics' and materialmen's liens,
attachment, leasehold estate, holder of usufruct. ..... No action in 1984 SB 246--Courts; Juvenile Judges Council, case information ...... 359, 633, 2978 SB 247--Victim of Felony Under 17; parental consent to
publish name ....................................... 31, 33, 51, 53 SB 248--Elections; campaign and financial disclosure, provisions
and penalties..................................... 2810, 2919, 2978 SB 250--Fulton County; Probation Employee transfer to state
wide system, retirement and insurance benefits ...... No action in 1984 SB 252--Gwinnett County; State Court Judge, vacancies ..... No action in 1984 SB 254--Pardons and Paroles; parole supervision
fees ............................ 31, 33, 430, 653, 654, 1941, 2977 SB 257--Domestic Relations; court jurisdiction over
nonresidents .................................... No action in 1984

2986

INDEX

SB 258--Animals; rabies control, requirements of person bitten.......................................... No action in 1984
SB 259--Mental Health; insurance coverage requirements. .................. 316, 367, 412, 413, 1701, 1755, 2978
SB 261--Gambling; bingo games lawful by local ordinance No action in 1984 SB 263--Fulton County; Health Board, create by local
ordinance ...................................... .No action in 1984 SB 267--Health; hospital authorities, one member must be
physician or nurse............................... .No action in 1984 SB 271--Controlled Substances; reclassify certain substances . No action in 1984 SB 272--Children's Policy; establish state-wide ....... No Senate action in 1984 SB 275--Jones County; Commissioners, election and district
provisions ...................................... .No action in 1984 SB 281--Drug Abuse; treatment programs, licensing ......... No action in 1984 SB 282--Local Government; development authorities, define
project relating to hotels ......................... No action in 1984 SB 284--Revenue; tax sales, time allowed to redeem land. . . . . .No action in 1984 SB 285--Professions; chiropractors, scope of practice ......... No action in 1984 SB 286--Health; care facilities, disaster preparedness plan
required ................................................. 31, 33 SB 290--Alcoholic Beverages; distilled spirits, regulate
distribution, registration ..................... 84, 113, 184, 424, 2978 SB 291--Adoption Records; Human Resources Department
access without court order........................ .No action in 1984 SB 292--Drivers' License; suspended for DUI conviction,
increased insurance coverage...................... .No action in 1984 SB 297--Handicapped Persons; access to public buildings,
revise Code. ........................ 235, 290, 329, 1654, 1660, 2977 SB 298--Macon, City of; change corporate limits .................. 1111, 1228 SB 304--Cobb County; Commissioners, funds for rapid transit. .No action in 1984 SB 309--Cobb County; Stadium Authority, create ........... .No action in 1984 SB 310--Brantley County; Officials, change compensation . . . . . .No action in 1984 SB 311--Brantley County; Sheriff, change compensation ..... No action in 1984 SB 312--Courts; Juvenile Judges, commissioned by
Secretary of State ................ 18, 200, 236, 294, 297, 1941, 2977 SB 313--Courts; Juries, eligibility and advertising,
grand jury service ............................................ 18 SB 314--Insurance; health, individual policies, other
insurers .......... 18, 1056, 1120, 1204, 1249, 1250, 1487, 1531, 1539 SB 315--Public Officers; Merit System records
confidential................. 18, 181, 201, 243, 255, 2376, 2468, 2978 SB 316--Highways; condemnation of property, court
appointed guardian ...................... 18, 74, 85, 158, 159 SB 317--Property; estates, tenancies by entirety, survivorship ................ 19 SB 318--Insurance; motor vehicle accident, operating without
coverage, driver's license suspended .............................. 19 SB 319--Health; hospitals, deceased patient's property, transfer
provisions ..................... 19, 812, 853, 1063, 1070, 1941, 2121, 2320, 2321, 2501, 2790, 2810, 2945, 2949, 2976, 2978
SB 320--Medicaid; nursing home patients, Board increase monthly allowance ............................................ 39
SB 321--Elections; candidates, qualifying in special elections, notice .......................... 39, 181, 201, 243, 256, 2974, 2978

INDEX

2987

SB 322--Elections; Municipal, recount of votes, one percent
difference ....................... 39, 181, 201, 244, 257, 2974, 2978 SB 323--Elections; voter registration, advertisement, additional
places .......................... 39, 181, 201, 244, 258, 2974, 2978
SB 324--Elections; candidates, voter registration, absentee ballots and special elections..................................... 40
SB 325--Elections; municipal, poll officers, serve in other elections, certain cases ............ 40, 181, 202, 244, 259, 2975, 2978
SB 326--Elections; candidates, qualifications, hearing officer ..................... 40, 181, 202, 244, 260, 2724, 2737, 2978
SB 327--Elections; paper ballots, pen required to mark ..................... 40
SB 328--Secretary of State; issue call for special elections, Congress and General Assembly. ...................... 40, 181, 202,
244, 261, 2975, 2978 SB 329--Civil Practice; renewal of case after
dismissal ................................... 41, 201, 236, 294, 300 SB 330--Probate Courts; appeals to Court of Appeals or
Supreme Court ............................. 41, 367, 405, 439, 595
SB 331--Community Affairs Board; membership provisions ....................... 41, 235, 290, 329, 337, 1700, 2978
SB 332--Public Officers; suspended from office upon felony indictment..................... 41, 59, 75, 88, 640, 674, 2978
SB 333--State Growth Policy Commission; reestablish within Community Affairs Department ....................... 41, 235, 290, 329, 337, 1701, 1781, 1798, 2978
SB 334--Libraries; Public Facilities Authority, counties, municipalities establish..............41, 1055, 1120, 1204, 1249, 1254
SB 335--Pretrial Proceedings; criminal cases, time for trial ................. 42
SB 336--Pretrial Procedure; discovery, criminal cases, change provisions............................ 42, 182, 202, 244, 262
SB 337--Juries; empanel in county other than trial site. ....................................... 42, 182, 202, 244, 262
SB 338--Offender Rehabilitation Board; set qualifications and titles of correctional personnel ..... 42, 430, 647, 711, 713, 2962, 2965, 2978
SB 339--Tort Actions; minors gambling, alcoholic beverage sales, parent's rights against seller ........... 42, 813, 853, 1063, 1073
SB 340--Criminal Records; provisions relating to public inspection .................................................... 42
SB 341--Workers' Compensation; appeal provisions ............................ 43, 404, 431, 653, 656
SB 342--Homicide by Vehicle; driver's license suspension mandatory ................................ 43, 182, 202, 244, 263
SB 343--Motor Vehicles; salvage, redefine for certificate of title ..................43, 182, 203, 244, 268, 1942, 2146, 2262, 2978
SB 344--Gasoline Marketing Practices; exclusive sales by distributor, distress prices. ......... 43, 200, 236, 294, 301, 1186, 2978
SB 345--Driver's License; emergency vehicle operators, requirements................................ 55, 646, 698, 750, 752
SB 346--Health; hospital authorities, membership, state funding for medical education ................................ 43, 181, 203, 244, 269, 2620, 2679, 2737, 2765, 2810, 2953, 2977, 2978
SB 347--Public Works Contracts; progress payments, limit amount retained .............................................. 43

2988

INDEX

SB 348--Coroners; compensation, removal of bodies ..................................... 44, 181, 203, 244, 270
SB 349--Elections; write-in candidates, compliance with regulations ................................................... 44
SB 350--Motor Vehicles; insurance, no proof, dismissal of charges .................................... 44, 646, 699, 750, 755
SB 351--Superior Court Clerks; minimum salary based on census figures.................... 44, 235, 290, 329, 338, 1700, 2978
SB 352--Highways; vehicle size and weight limitations ............ 44, 84, 113, 184, 185, 2697, 2708, 2977
SB 353--Local Government; contracts, limitations and conditions .................... 44, 74, 85, 158, 170, 1033, 1143, 1153
SB 354--Employees' Retirement; involuntary separation, revise. . ................ .45, 74, 85, 158, 171, 2417, 2503, 2626, 2977
SB 355--Employees' Retirement; involuntary separation, procedures for continued employment ........... 45, 75, 85, 158, 172, 1700, 2978
SB 356--Law Enforcement; police dogs and handlers, certification ................................ 55, 367, 405, 439, 595
SB 357--Job Training Coordinating Council; coordinate federal and state employment resources ................................. 55
SB 358--Sheriffs; change minimum annual salary ... .55, 181, 203, 244, 271, 329, 354, 412, 414, 1798, 1844, 2978
SB 359--Professions; polygraph examiners, licensing requirements. ............................... 56, 235, 291, 329, 339
SB 360--Workers' Compensation; provisions relating to lump sum payments ....................... 56, 404, 431, 653, 657
SB 361--Workers' Compensation; hearing applications, dismissal after 5 years ............................... 56, 404, 431, 653, 658, 2220, 2275, 2287, 2348, 2359, 2546, 2778
SB 362--Georgia Bureau of Investigation, GBI; investigations in county or municipality. ................................. 56, 853
SB 363--Engineers and Land Surveyors; change certain provisions ....................... 56, 404, 431, 653, 659, 1799, 2977
SB 364--Engineering Experiment Station; name changed to Georgia Tech Research Institute ... 56, 182, 203, 244, 271, 1799, 2978
SB 365--Food Service Establishments; health cards required for employees.................................................... 57
SB 366--Veterinarians; occupational tax exemption ....................... 57, 235, 291, 329, 341, 2382, 2978
SB 367--Gasoline Marketing Practices; retail station, refiner, manufacturer prohibited from operating ........... .57, 234, 291, 329, 342, 1935, 2977
SB 368--Power of Attorney; incompetent persons, bond and accounting provisions. .................... 57, 429, 647, 711, 714
SB 369--Child Support; court duties to transfer case records .............................. 57, 182, 244, 272, 1799, 2977
SB 370--Civil Practice; venue, certain third party cases, certain court costs........... 57, 182, 203, 244, 273, 2377, 2515, 2978
SB 371--State Court Solicitors; qualifications for office ............................. 58, 74, 86, 158, 173, 1943, 2977
SB 372--Holidays; legal State, designated by Governor, include birthday of M.L. King, Jr.................. 58, 235, 291, 329, 343, 845, 865, 1083, 2977

INDEX

2989

SB 373--Soft Drinks, Malt Beverages; metal containers with detachable top unlawful ................. 58, 745, 814, 863, 864
SB 374--Disabled Adults; reporting of need for protective services .................. 58, 812, 854, 1063, 1074, 2377, 2438, 2978
SB 375--Equine Sales; bond requirements................. 70, 84, 113, 184, 189, 1800, 2978
SB 376--Labor; Employment Agency Advisory Council, termination date ................. 70, 404, 431, 653, 660, 1941, 2977
SB 377--Maxillofacial Services; health insurance coverage .................. 71 SB 378--Handicapped Persons; motor vehicles transporting
exempt from ad valorem tax ......................... 71, 851, 1057, 1143, 1156, 2973, 2978
SB 379--Insurance; health, notice requirement for policy termination .................................................. 71
SB 380--General Assembly; members, photography expenses, payment ..................................................... 71
SB 381--General Assembly; appropriations to Legislative Branch, line item ............................................. 71
SB 382--Hancock County; Magistrate Court, appointment of chief ......................... 71, 181, 204, 236, 398, 1843, 2977
SB 383--Milledgeville, City of; police court renamed municipal court .......................... 72, 181, 204, 237, 1360, 1396, 2977
SB 384--Putnam County; sheriff and deputies, compensation . . .72, 181, 204, 237 SB 385--Baldwin County; commissioners, election
districts .......................... 72, 181, 204, 237, 640, 674, 2977 SB 386--Milledgeville, City of; mayor and aldermen, election
and terms ...................... 72, 181, 204, 238, 1361, 1392, 2978 SB 387--Alcoholic Beverages; malt beverages, amount possessed
without payment of tax, identification on containers ................ 81, 813, 854, 1063, 1075, 1798, 1856, 2977 SB 388--Reapportionment; Senate, change districts 10 and 13 ............................. 81, 235, 291, 329, 346, 1700, 2978 SB 389--Uniform Partnership Act; enact ...................... 81, 235, 291, 329, 347, 2375, 2445, 2977 SB 390--Alcoholic Beverages; Sunday sales lawful by local ordinance after referendum ........................... 81, 234, 291,
329, 348, 2471, 2496, 2978
SB 391--Magistrate Courts; appeals to state courts from judgments .................................. 81, 367, 405, 439, 595
SB 392--Driver's License; suspension relating to proof of insurance .............................. 82, 183, 1196, 1241, 1317, 1384, 1385, 1419, 2724, 2734, 2978
SB 393--Lumpkin County; Chief Magistrate, term of office ......................... 82, 181, 204, 238, 424, 2978
SB 394--Legislative Educational Research Council; abolish. ....................................... 109, 289, 316, 371
SB 395--Hospital Equipment Financing Authority; create ................. 109, 645, 699, 750, 756, 779, 804, 2219, 2977
SB 396--Motor Vehicles; license plates, staggered registration .............. 109 SB 397--Ad Valorem Tax; motor vehicle license plates, time
for payment................................................. 109 SB 398--Sheriffs; fees for service of process, multiple
service same location ....................... 109, 201, 236, 294, 305

2990

INDEX

SB 399--Elections; municipal, absentee ballot provisions ................................. 110, 235, 292, 329, 349
SB 400--Macon County; Education Board, election of members ............................. 110, 181, 204, 238, 425, 2978
SB 401--Health; medical records, disclosure to persons designated by patient .......... 110, 812, 854, 1063, 1078, 2382, 2978
SB 402--Public Utilities; rate increase requests, time for filing. ........ 110, 290 SB 403--Jasper County; commissioners, election
provisions ........................... 177, 289, 316, 368, 1112, 2977 SB 404--Monticello, City of; mayor and council, election
provisions ........................... 177, 289, 316, 368, 1112, 2978 SB 405--Crimes and Offenses; involuntary manslaughter in
commission of unlawful act, penalty .................. 177, 367, 405, 439, 597, 1800, 2978
SB 406--Property; estates, vesting of interest, pension plans ..................................... 178, 404, 431, 653, 661
SB 407--Property; estates, rebuttable presumption person is capable of having child during adult life ........................ 178
SB 408--Property; life estates .......... 178, 852, 1057, 1143, 1157, 2974, 2978 SB 409--Child Support; fees for recovery enforcement services,
repeal Code section.............. 178, 367, 406, 439, 598, 1800, 2978 SB 410--Troup County; election board, school superintendent,
election ............................. 178, 289, 316, 368, 1048, 2978
SB 411--Counties; education boards, filling of vacancies. ...................... 178, 645, 699, 750, 772, 1800, 2977
SB 412--Schools; refusal to admit child without guardian, limit circumstances ......................... 179, 645, 699, 750, 774
SB 413--Medical Nominating Commission; recommendations for Human Resources Board................................... 179
SB 414--Railroads; caboose requirements, last train car ................... 179
SB 415--Game and Fish; falconry, raptor permits, hunting feral hogs ................. 179, 289, 317, 371, 372, 2809, 2937, 2978
SB 416--DeKalb County; Magistrate Court, abolish recorder's court....................................................... 179
SB 417--Elections; Municipal, candidate in primary ineligible as write-in in general election ................ 195, 366, 406, 439, 599
SB 418--Elections; polling places, candidates prohibited from checking electors lists .................. 195, 366, 406, 439, 600
SB 419--Oil, Gas and Deep Drilling Act; Environmental Protection Division, powers and duties ................ 195, 290, 317, 371, 374, 1943, 2978
SB 420--Administrative Procedure; Natural Resources, Environmental Protection Division, duties .............. 196, 290, 317, 371, 375, 1800, 2977
SB 421--Calhoun County; Magistrate Court, Probate Judge serve as chief......................... 196, 289, 317, 369, 846, 2978
SB 422--Invasion of Privacy; telephone eavesdropping unlawful, definitions................................................... 196
SB 423--Civil Practice; dismissal of actions, lack of jurisdiction ........... 196
SB 424--Contracts; releases and covenant not to sue. .................................. 196, 1372, 1447, 1531, 1548
SB 425--Children; foster care, removal from home, judicial proceedings, parental rights........................ 196, 1240, 1301, 1472, 1475, 2376, 2663, 2978

INDEX

2991

SB 426--Motor Vehicles; DUI, habitual violators, federal offenses ........................................... 197, 646, 699, 751, 776, 2765, 2802, 2937, 2940, 2978
SB 427--Revenue Bonds; local government authorized to issue, procedures ........................................ 197, 645, 699,
751, 820, 821, 2375, 2571, 2978 SB 428--Elections; Municipal, absentee ballot, disabled
voters .................................... 231, 366, 406, 439, 601 SB 429--Children; custody proceedings, basis for award ................... 231 SB 430--Counties; Health Boards, environmental health
services and fees ......................... 231, 812, 854, 1063, 1078 SB 431--State Courts; solicitor may bring certain actions
under RICO Act........................... 231, 404, 431, 653, 662 SB 432--Appeals; criminal cases, supersedeas bond
provisions .............. 231, 852, 1057, 1143, 1159, 2220, 2281, 2978 SB 433--Appeals; new trial motions, criminal cases,
supersedeas bonds ............... 231, 405, 432, 653, 663, 2382, 2978 SB 434--Firearms; possession, exempt district attorneys,
solicitors, investigators from prohibition ......................... 232 SB 435--Education; County Boards, DeKalb, Fulton self-
insurance program.......................... 232, 646, 700, 751, 777 SB 436--Vocational-Technical Schools; charge tuition, grants
for property tax relief .............................. 232, 645, 700, 751, 779, 2376, 2434, 2977
SB 437--Local Government; county grand jury, inspection of buildings ................................................ 232
SB 438--Housing; factory-built and manufactured, compliance with legal requirements ..................... 281, 429, 647, 711, 715
SB 439--Labor; polygraph examinations as condition of employment prohibited ........................................ 281
SB 440--Animals; abandoned in veterinarians' care, procedures ..................... 281, 365, 406, 439, 602, 2974, 2978
SB 441--Education; parent-teacher organization property, tax exemption................................................... 282
SB 442--Game and Fish; oysters and clams, provisions for taking ......................... 282, 429, 647, 711, 717, 1799, 2978
SB 443--Attorneys; employed by state or local government assist district attorneys in cases.................... 282, 429, 647, 711,718
SB 444--Community Affairs Department; Georgia Development Authority. . . 282, 851, 1058, 1143, 1160, 1798, 1860, 2978
SB 445--Banking and Finance; abandoned, unclaimed property or funds, reporting provisions ........................ 282, 645, 700, 751, 781, 1943, 2978
SB 446--Marietta, City of; annexation limitation 282, 366, 406, 439, 603, 864, 1063, 1064, 1942, 2275, 2977
SB 447--Probation; community service programs, liability of participants limited ................................. 283, 429, 647, 711, 719, 2219,2977
SB 448--Penal Institutions; inmates possessing contraband, felony punishment ............... 283, 430, 648, 711, 720, 2219, 2978
SB 449--Education; school, beginning age provisions ................. 283, 646, 700, 751, 782, 2221, 2266, 2978
SB 450--Motorcycles; safety training programs, provisions ...................... 311, 646, 700, 751, 783, 2973, 2978

2992

INDEX

SB 451--Boating Safety Zone; establish at Richard B. Russell Dam ................... 311, 429, 648, 711, 720, 2975, 2978
SB 452--Sheriffs; training requirements, exemptions ..................... 311, 429, 648, 711, 721, 2976, 2978
SB 453--Blood Donors; patients in hospitals allowed to provide .......... 312 SB 454--Professions; sanitarians, education requirements for
license renewal. ......... 360, 812, 854, 1064, 1081, 2417, 2669, 2977 SB 455--Medical Records; released under court order, persons
hospitalized for alcoholism, drug dependency............. 360, 812, 854, 1064, 1084, 2417, 2467, 2978 SB 456--Insurance; taxes on premiums, exemption and reduction provisions .......................................... 360 SB 457--Motor Vehicles; license plates, veterans, former prisoners of war ................................... 360, 746, 814,
863, 869, 2546, 2559, 2562, 2621, 2686, 2724, 2785, 2972, 2978 SB 458--Insurance; health care providers, regulation ...................... 360 SB 459--Dooly County; Magistrate Court, selection of chief
magistrate. .......................... 361, 428, 648, 701, 1182, 2978 SB 460--Contractors; electrical, plumbing, conditioned air,
licensing .............................................. 361 SB 461--Corporations; criminal responsibility of managerial
officials ................................... 361, 698, 748, 820, 828 SB 462--Labor; Employment Security Law, severance pay
provisions ................................................... 399 SB 463--Civil Practice; limitation of actions, persons
imprisoned ..................... 399, 430, 648, 712, 722, 2622, 2978 SB 464--Penal Institutions; inmates, murder sentence,
leave privileges............................. 399, 430, 648, 712, 723 SB 465--Professions; Sanitarians, composition of state
board.......................... 399, 747, 814, 863, 870, 2219, 2978 SB 466--Superior Courts; increase fees and charges,
disposition of funds ..................... 399, 1372, 1447, 1531, 1550 SB 467--Secured Transactions; Commercial Code,
requirements, duties of Secretary of State ....................... 400 SB 468--Motor Vehicles; trucks, transporting utility poles,
length permits ............................................... 400 SB 469--Alcoholic Beverages; Sunday sales in stadiums, seating
capacity, certain counties............................ 400, 745, 814, 863, 1026, 2975, 2978
SB 470--Glynn County; court clerks, compensation . . 400, 646, 700, 748, 1515, 1542, 1608, 1622, 1692, 1749
SB 471--Macon Judicial Circuit; superior court judges, compensation ................... 400, 429, 648, 712, 725, 1182, 2977
SB 472--Equity; judgment set aside, abolish certain Code provisions ................................................... 401
SB 473--Human Resources Department; personal care homes, definitions, registration ... 401, 812, 854, 1064, 1085, 2417, 2518, 2978
SB 474--Jasper County; Magistrate Court, provide ....................... 401, 646, 700, 748, 1435, 1536, 2978
SB 475--Putnam County; Magistrate Court, provide ............................. 401, 646, 700, 749, 1183, 2978
SB 476--Mclntyre, Town of; extend corporate limits......................... 401, 646, 701, 749, 1435, 1535, 1939

INDEX

2993

SB 477--Motor Vehicles; windows with reflective material unlawful .................... 425, 853, 1058, 1143, 1162, 2218, 2978
SB 478--Alcoholic Beverages; redefine wine and malt beverage ................................. 425, 745, 814, 863, 1027
SB 479--Magistrate Courts; fees, maximum of $30 for county violation ........................ 425, 1239, 1301, 1384, 1403
SB 480--Public Officers; conflicts of interest, define transacting business, disclosure requirements ..................... 426, 747, 815, 863, 1028, 2376, 2419, 2978
SB 481--Chatham County; State Court, appointment of clerk ............................... 426, 746, 815, 857, 1290, 2978
SB 482--Game and Fish; seines used to take fish, crustaceans ................... 426, 813, 854, 1064, 1086, 2622, 2978
SB 483--Alcoholic Beverages; election day sales, change provisions ....................................... 426, 1055, 1120, 1204, 1249, 1265, 2973, 2978
SB 484--Civil Practice; dismissal of actions voluntarily .................... 426 SB 485--Bad Checks; notice to accused, liability
provisions ............................. 426, 1240, 1301, 1384, 1404 SB 486--Rabun County; Education Board, levy one percent
sales tax ........................... 641, 746, 815, 857, 1700, 2978 SB 487--Commissions, Boards; State, expense allowance
for members........... 641, 1056, 1121, 1249, 1272, 2962, 2963, 2978 SB 488--Education; Professional Practices Commission,
expenses .................... 641, 851, 1058, 1143, 1163, 2622, 2978 SB 489--Health; county boards, environmental health services .............. 641 SB 490--Douglas County; Coroner,
compensation ........................ 641, 746, 815, 857, 1233, 2978 SB 491--Insurance; taxes on premiums, reimbursement for
overpayment, distribution .......... .642, 1056, 1121, 1204, 1249, 1266 SB 492--Rockdale County; public defender,
compensation ...................... 692, 852, 1058, 1125, 1361, 2977 SB 493--Social Services; community work programs, public
assistance, repeal................................. 692, 1371, 1447, 1531, 1532, 1555, 1572, 1580
SB 494--Gwinnett Judicial Circuit; Judges, county supplement to salary............... .692, 852, 1058, 1127, 1567, 2978
SB 495--Towns County; Education Board, levy one percent sales tax .......................... 740, 852, 1058, 1125, 2973, 2978
SB 496--Labor; manhole work by one employee unlawful .................. 740 SB 497--Professions; esthetician, cosmetology license
requirements. .......... 740, 1056, 1121, 1204, 1249, 1268, 2622, 2978 SB 498--Public Officers; elected, vacancies in office, provisions. . 740, 1056, 1121,
1204, 1249, 1269, 2780, 2806, 2978 SB 499--Labor; Employment Security Law, benefits, employee
misconduct.................................................. 740 SB 500--Carroll County; Coroner, compensation............... 741, 852, 1059,
1126, 1361, 2978 SB 501--Death Certificates; filing requirements...................... 741, 862 SB 502--Baldwin County; State Court Judge and Solicitor,
compensation ................ 741, 852, 1059, 1126, 2673, 2700, 2978 SB 503--Hancock County; Commissioners, duties,
compensation ............... 807, 1055, 1121, 1198, 1940, 1990, 2977

2994

INDEX

SB 504--Education; compulsory school attendance, home study programs .............. 807, 851, 1059, 1143, 1165, 2218, 2978
SB 505--Newnan, City of; aldermen, election ................ 808, 1055, 1121, 1201, 1435, 2978
SB 506--Probation; pretrial release program, certain offenders .............................. 808, 1240, 1301, 1472, 1478
SB 507--Liberty County; Industrial Authority, membership . . . . 808, 1055, 1122, 1199, 1567, 2978
SB 508--Mclntosh County; Industrial Development Authority, create ............................ 808, 1055, 1122, 1199
SB 509--Day Care Centers; inspection, licensing provisions. ..... 846, 1194, 1241 SB 510--Gwinnett Judicial Circuit; grand jury at each term of
court ....................................................... 846 SB 511--Property; trover, procedures for recovery when
wrongfully held ....................... 846, 1372, 1447, 1531, 1556 SB 512--Fulton County; voter registration, post cards
authorized. ............................ 846, 1239, 1302, 1384, 1399 SB 513--Resource Recovery Development Authorities;
provisions ............ 1048, 1120, 1197, 1249, 1273, 2122, 2138, 2978 SB 514--Education; grants to students, define accredited
colleges.............................................. 1048, 1203 SB 515--Gwinnett County; State Court Judges,
compensation .................... 1049, 1194, 1241, 1307, 1800, 2978 SB 516--DeKalb Junior College; provide for transfer to
University System........................................... 1049 SB 517--Magistrate Court Judges Council; create ....................... 1049 SB 518--Civil Practice; consolidation of actions, loss of
consortium ............................................... 1112 SB 519--General Assembly; Administrative Services Department
purchasing procedures, utilize ........... 1112, 1239, 1302, 1472, 1482 SB 520--Legislative Services Committee; submit annual written
report to General Assembly. . ........... 1112, 1239, 1302, 1384, 1402
SB 521--Bibb County; Civil Court, jurisdiction ................ 1187, 1370, 1448, 1528, 2655, 2742, 2978
SB 522--Labor; Employment Security Law, redefine public opinion interviewer position .................... 1187, 1240, 1302, 1384, 1406
SB 523--Game and Fish; trapping, fur dealers, regulations ........... 1187, 1300, 1373, 1472, 1483, 2546, 2578, 2978
SB 524--Jekyll Island State Park Authority; change membership ............... 1187, 1369, 1448, 1531, 1557, 2622, 2978
SB 525--Evans County; Magistrate Court, Atlantic Judicial Circuit judges appoint chief ........................... 1187, 1298, 1374, 1454, 1800, 2978
SB 526--Teachers; deliver confiscated illegal drugs to law enforcement officers .............................. 1188, 1372, 1448
SB 527--Criminal Justice Improvement Council; membership ............... 1188, 1300, 1374, 1472, 1488, 2623, 2978
SB 528--Courts; Juvenile, state funds to employ probation officers and intake workers ................................... 1188
SB 529--Chatham County; Elections Board, repeal provisions ............. 1188 SB 530--Cobb County; Education Board, compensation of
members ....................... .1188, 1525, 1595, 1714, 2381, 2978 SB 531--Automobile Association Services Act; licensing of
clubs ..................................... 1189, 1239, 1302, 1472

INDEX

2995

SB 532--Cable Television; unauthorized interception and

reception unlawful..................... 1189, 1300, 1374, 1472, 1489

SB 533--Education; handicapped, gifted children, special

services, revise Code ......................................... 1233

SB 534--Property; public, conveyed to private owner, notice

and filing for ad valorem tax ................................. 1233

SB 535--Architects; certification provisions ....................... 1234, 1371,

1448, 1531, 1558, 2219, 2978

SB 536--Human Resources Department; handicapped

preschoolers, services ........................................ 1290

SB 537--Campus Policemen; definition relating to DeKalb- >'

*

Fulton Counties ........... 1290, 1370, 1448, 1531, 1560/2622, 2978

SB 538--Amateur Radio Operators; special license plates ........... 1290, 1373,

1448, 1531, 1560, 2975, 2978

SB 539--Courts; fines, criminal or traffic cases, local government

retain percentage for expenses. .......... 1290, 1372, 1448, 1531, 1560

SB 540--Education; grants to osteopathic medical students

attending certain colleges..................................... 1291

SB 541--Emanuel County; Tax Commissioner,

compensation .................... 1291, 1525, 1596, 1715, 2381, 2978

SB 542--Emanuel County; Commissioners, powers and

duties .................... 1291, 1525, 1596, 1715, 2417, 2429, 2978

SB 543--South Africa; banks trading with, investment of state

funds prohibited ............................................ 1291

SB 544--Cobb Judicial Circuit; additional judge ................... 1291, 1372,

1449, 1531, 1562, 2220, 2657, 2978

SB 545--Penal Institutions; goods produced, sales to

private colleges ........... 1291, 1370, 1449, 1531, 1567, 2279, 2978

SB 546--Motor Vehicles; hauling logs, pulpwood, loads must be

secured .................................................... 1292

SB 547--Real Estate Loans; interest charged on unpaid

interest, certain cases ........................................ 1292

SB 548--Municipalities; taxation for development authorities, remove

millage limit. ........ 1292, 1369, 1449, 1531, 1533, 2470, 2475, 2978

SB 549--Counties; taxation for development authority, remove

millage limitation ..... 1292, 1369, 1449, 1531, 1538, 2471, 2476, 2978

SB 550--Zebulon, City of; city council election districts ........... 1361, 1525,

1596. 1716, 2381, 2978

SB 551--Seminole County; Probate Court Judge, continue as

Chief of Magistrate Court......... 1436, 1525, 1596, 1716, 2381, 2978

SB 552--Powder Springs Downtown Development Authority;

powers and duties ................ 1436, 1525, 1596, 1716, 2381, 2978

SB 553--Austell, City of; revenue bonds for gas-generating and

distributing systems. .............. 1436, 1525, 1596, 1716, 2381, 2978

SB 554--Cobb County; Probate Court Clerk,

compensation .................... 1437, 1525, 1596, 1717, 2381, 2978

SB 555--Cobb Judicial Circuit; investigators,

compensation .................... 1437, 1525, 1596, 1717, 2381, 2978

SB 556--Cobb County; State Court, reorganize.................... 1437, 1525,

1597. 1717, 2382, 2978

SB 557--Calhoun County; Probate Judge, continue as chief

magistrate. ...................... 1437, 1525, 1597, 1718, 2218, 2978

SB 558--Cedartown, City of; homestead exemption, residents

65 years or older ................. 1437, 1525, 1597, 1718, 2382, 2978

2996

INDEX

SB 559--Taliaferro County; Probate Judge, continue as chief magistrate.................. 1517, 1704, 1806, 1954, 2621, 2978
SB 560--Wilkes County; Education Board, election provisions ....................... 1517, 1704, 1806, 1954, 2621, 2978
SB 561--Camden County; homestead exemption, residents 62 years and over ................ 1592, 1704, 1806, 1954, 2973, 2978
SB 562--Jesup, City of; change corporate limits ................... 1592, 1704, 1807, 1955, 2621, 2978
SB 563--Baldwin County; Commissioners, election districts. ......... 1702, 1802, 1814, 1955, 2621, 2977
SB 564--Kennesaw, City of; change corporate limits ............... 1702, 1945, 1949, 2228, 2974, 2978
SB 565--Toombs County; Education Board, appoint school superintendent ................... 1801, 1945, 1949, 2228, 2974, 2978

INDEX

2997

SENATE RESOLUTIONS

SR A--Sales Tax; local option, levy by local law with
referendum to finance public facilities ............. 645, 701, 751, 786 SR 5--Insurance; No-Fault study committee, joint ..........No action in 1984 SR 19--Debt Limitations; counties and municipalities incur
debt without referendum, certain cases .............. 74, 86, 158, 161, 1033, 1143, 1174, 1181, 1249, 1317, 1319
SR 42--Bridge; Hawkinsville, over Ocmulgee River, designate in honor of Roger H. Lawson..................... .No action in 1984
SR 45--General Assembly; members, elected for four year term .......................................... No action in 1984
SR 50--National Guard, Georgia; retirement system for members ...................................... .No action in 1984
SR 61--Public Officers; elected, automatic resignation upon qualifying for different office ..................... .No action in 1984
SR 68--State Employees; fringe benefits, value displayed on pay check. ..................................... .No action in 1984
SR 77--Workers' Compensation; Task Force, create joint study committee ................................ No action in 1984
SR 110--Legislation Raising Revenue; two-thirds vote of General Assembly required ....................... No action in 1984
SR 155--Financial Institutions; committee to study structure ................................ No Senate action in 1984
SR 178--Milk; U.S. Agriculture Department urged to withdraw proposed price reduction ......................... No action in 1984
SR 203--Insurance; No-Fault Liability Study Committee ..... No action in 1984 SR 228--Children; Troubled, Human Resources Committee
study intermediate care program .................. .No action in 1984 SR 262--Senate; rules, adopt ...................................... 13, 698 SR 263--Senate; notify House the Senate has convened ................ 18, 37 SR 264--Senate; officials, employees and committees, amend
SR 3, salaries ......................................... 19, 46, 50 SR 265--Highways; designate Corridor Z from Columbus to
Brunswick as Peach State Parkway ................. 19, 85, 113, 184, 190, 2328, 2364, 2502, 2523, 2590
SR 266--Senate; rules, amend relating to choice of Chamber desks and offices .......................................... 19, 46
SR 267--Judges; removal from office upon felony conviction ........................ 45, 59, 75, 88, 93, 640, 676, 2978
SR 268--Elected Officials; removal from office upon felony conviction ........................ 45, 59, 75, 88, 99, 640, 677, 2978
SR 269--Dodd, Lamar; recognize ....................................... 31 SR 270--Blitch, Iris Faircloth; recognize ................................. 31 SR 271--Freeman, Chris; commend ..................................... 31 SR 272--Sloman, Jay Edward; commend ............................... 31 SR 273--Driver's License; committee to study re-examination
for renewal .................................................. 45
SR 274--Retirement; involuntary separation, changes by law to existing programs ........................... 46, 74, 86, 158,
166, 845, 1088, 1223, 1225, 1285, 2147, 2978

2998

INDEX

SR 275--Mitchell-Baker High School Football Team; commend ........ 50, 115 SR 276--Art Museum, Georgia; encourage contributions for
new building ........................................... 50, 1186 SR 277--University of Georgia Botanical Garden; designated as
State Botanical Garden ........... 58, 366, 406, 439, 604, 1699, 2978 SR 278--Urban County and Municipal Study Committee;
joint ........................... 58, 235, 292, 329, 350, 2220, 2269 SR 279--Workers' Compensation; assessments against insurance
carriers...................................................... 59 SR 280--Employment; agencies, regulation of, joint study
committee. ................................. 59, 235, 292, 329, 350 SR 281--Labor; Commissioner Sam Caldwell urged to resign or
take leave of absence ................. 59, 746, 815, 1144, 1203, 1206 SR 282--Judicial Process Review Commission; caseload
equalization, study ............... 59, 698, 748, 820, 829, 2547, 2557 SR 283--Fort Valley State College; commend ........................ 60, 108 SR 284--Johnson, Joseph Laurent; commend.............................. 61 SR 285--Banking and Finance; Mortgage Banking Industry
Study Committee ........................... 72, 289, 317, 371, 376 SR 286--Girl Scout Legislative Day, January 12, 1984 ..................... 78 SR 287--McKenzie, Therman; commend ................................ 187 SR 288--McBride, Cornell; commend ................................... 187 SR 289--Lastinger, John; commend ..................................... 87 SR 290--Kahn, Joan; commend ......................................... 87 SR 291--Robinson, Eddie; commend .................................... 105 SR 292--Davis, Bill; commend ......................................... 105 SR 293--Human Resources Board; urged to redefine personal
care homes ................................................. 110 SR 294--Cardiopulmonary Resuscitation; school districts
urged to teach ............................. 110, 289, 317, 371, 378 SR 295--Alien, George G.; commend ................................... 114 SR 296--Palmetto High School Football Team; commend................. 184 SR 297--Mayors' Day; January 16, 1984................................ 115 SR 298--Auto Repair Industry Study Committee; create ........ 179, 404, 432,
654, 664 SR 299--Williams, Odessa; commend on 100th birthday ................... 184 SR 300--Local Government; libraries, debt may be incurred
to provide...................... 197, 289, 317, 371, 379, 2623, 2978 SR 301--Property Conveyance; Meriwether County ............. 197, 290, 317,
371, 381, 1797, 1857, 2978 SR 302--Deer Hunting Accidents; Natural Resources Department
urged to try to reduce ................. 197, 289, 318, 371, 382, 2220 SR 303--Music Industry Committee; create. .................. 197, 851, 1059,
1144, 1203, 1207 SR 304--Dunham, Frank C.; commend ................................. 212 SR 305--McCall, Maggie; congratulate on 100th birthday ................. 212 SR 306--State Employees; involuntary separation, retirement
benefits prohibited ..................................... 197, 1057 SR 307--Public Officers; elected, involuntary separation,
retirement benefits prohibited ...................... 232, 1057, 1122, 1204, 1249, 1317, 1322, 2628, 2978
SR 308--Alderman, A. F.; commend ................................... 228 SR 309--Legislative Retirement; General Assembly service not
creditable to other systems ...................... ............. 232

INDEX

2999

SR 310--Education; Handicapped Preschooler Study Committee, create. ..................... 233, 1195, 1241, 1472, 1491
SR 311--LIFE. BE IN IT Program; relative to ......................... .262 SR 312--Olympics; special for mentally handicapped, commend ............ 246 SR 313--Property Conveyance; City of Pelham, lease ....... 283, 430, 649,
712, 726, 1233, 1267, 2978 SR 314--Southern Legislators' Conference on Children and
Youth; commend participants .................................. 293 SR 315--Property Conveyance; City of Woodbury,
Meriwether County ........ 283, 430, 649, 712, 727, 1797, 2978 SR 316--Appropriations; Legislative Branch, Senate favors line
item budget ............................................ 85, 274 SR 317--East Marietta National Little League All-Star Team;
commend ................................................... 305 SR 318--Appropriations; Legislative Branch, line item
budget. .............................. 283, 366, 407, 439, 604, 1047 SR 319--Handicapped Persons; designate 1984 as Year of
Disabled Voter ................. 312, 429, 649, 712, 728, 2623, 2978 SR 320--Edmond, Tony; commend ............................... 293, 1253 SR 321--Forestry Management Program; urge for land
owned by state agencies..................... 312, 429, 649, 712, 729 SR 322--Hutchinson, B. Ray; sympathy at passing ....................... 293 SR 323--Griffin, Carl A.; regrets at passing ............................ 328 SR 324--University System; Laboratory, Equipment, and Library
Research Needs Study Committee ............ 312, 366, 407, 439, 605 SR 325--Hammond, Maurice; sympathy at passing ....................... 371 SR 326--Law Enforcement Officer Day; designate February
14, 1984 .......................... 401, 853, 1059, 1144, 1204, 1209 SR 327--Congress, U.S.; ratify 1789 amendment prohibiting
salary increase during term ................. 401, 747, 815, 863, 1034 SR 328--Public Utility Rate-making Process Study Committee,
joint ..................... 402, 430, 649, 712, 730, 2589, 2608, 2968 SR 329--Land, Charlie; commend ................................... 421 SR 330--Pari-Mutuel Wagering, Horse Racing; lawful with
county referendum ........................................... 402 SR 331--Education; high school diploma to students with
learning disabilities, certain cases............. 402, 428, 649, 712, 731 SR 332--Medicaid; urge Congress to increase personal
needs allowance........................... 402, 747, 815, 863, 1035 SR 333--Medicaid; urge Congress to increase personal
needs allowance...................... 402, 747, 815, 863, 1037, 1943 SR 334--Lodge, Albert; commend ...................................... 411 SR 335--Bryan County; High School Lady 'Skins Softball
Team, commend ....................................... 411 SR 336--Claxton High School Track Team; commend ................ 411 SR 337--Bowen, Eula; Nonie Smith, Mrs. H.H. Timmerman,
and Mattie Turner; commend.................................. 438 SR 338--Theus, Huey J.; commend and invite to appear before
Senate ..................................................... 439 SR 339--Laurens County; commend for interracial cooperation ......... 439 SR 340--Moore, James Wendell; commend .............................. 439 SR 341--Public Safety Department; urged to promote motor
vehicle equipment safety .................. 642, 813, 855, 1064, 1091

3000

INDEX

SR 342--Congress, U.S.; urged to limit award of attorneys' fees in suits against state. ................... 692, 1240, 1302, 1472, 1492
SR 343--Parents and Teachers Congress, Georgia; commend ............... 704 SR 344--Property Conveyance; City of Millen, Jenkins
County ..................... 693, 813, 855, 1064, 1092, 1798, 2978 SR 345--Jones, Boisfeuillet; Woodruff philanthropic interests,
commend ................................................... 704 SR 346--Anderson, Paul; commend ..................................... 704 SR 347--Congress, U.S.; urged to change general election day
to Saturday .................... .741, 1056, 1122, 1204, 1249, 1270 SR 348--Atlanta-Buckhead Elks Lodge No. 78; commend ................. 750 SR 349--General Assembly; House Speaker, limit terms a
person may serve ............................................ 741 SR 350--Stewart, Lamar; commend ............................... 750, 846 SR 351--Perry, H. Holcombe, Jr.; commend ........................ 750, 846 SR 352--Fiscal and Administrative Affairs Study Committee. . . . 808, 853, 1059,
1144, 1204, 1210 SR 353--Legislation Raising Revenue; originate in either house
of General Assembly ............. 808, 1056, 1122, 1204, 1249, 1271 SR 354--Rome Colt All Stars; recognize ................................ 820 SR 355--Caldwell, Horace G.; sympathy at passing .................... 820 SR 356--George, Elmer; commend .................................... 820 SR 357--County and Municipal Grant Study Committee ...... 847, 1195, 1241,
1317, 1384, 1399 SR 358--Harvey, Kay S.; congratulate as Teacher of Year. .............. 865 SR 359--Morgan, Edgar C., Jr.; honor memory of....................... 1063 SR 360--Media Assistants, Georgia Association; commend ................ 1063 SR 361--General Assembly; adjournment February 3 to
February 6 ................................ 1032, 1048, 1105, 1427 SR 362--Problem Drinker and Highway Safety Study
Committee ........................... 1049, 1241, 1302, 1531, 1543 SR 363--Motor Vehicles; alcohol related accidents, information
requested from Highway Safety Office ............. .1112, 1241, 1303, 1531, 1546
SR 364--Black Achievers Awards; commend 1934 recipients .............. 1133 SR 365--Staggered Registration of Motor Vehicles Study
Committee ........................... 1113, 1301, 1374, 1472, 1492 SR 366--Property Conveyance; City of West Point, annexation
of state owned welcome center property .................. 1113, 1197, 1241, 1318, 1332, 1654, 2978 SR 367--Crimes and Offenses; felony conviction involving physical force, parole or earned time prohibited ................ 1113 SR 368--Blanchard, Mercer Carter; regrets at passing ................... 1133 SR 369--Stephens, Betty; regrets at passing ............................ 1133 SR 370--Graffagnino, Peter Carl; regrets at passing ..................... 1133 SR 371--Gregory, Ivey Williams, Jr.; regrets at passing ................. 1133 SR 372--Athletics; 1984 U.S.A. Olympic Team and Games, relative to ................................................. 1202 SR 373--Caldwell, Horace G.; sympathy at passing ...................... 1202 SR 374--Parker, Ernest L.; regrets at passing ........................... 1202 SR 375--Fulton County; Health Department Employees, health insurance under state plan ................................... 1189

INDEX

3001

SR 376--Marcus, Sidney J.; expressing sympathy at passing .............. 1203 SR 377--Bates, Glenda; commending ............................ 1203, 1205 SR 378--Pilcher, Wyman, Jr.; express regret at passing .................. 1203 SR 379--Cave, Leon O'Neal; commend ................................ 1203 SR 380--Williams, Robert J.; sorrow at passing ......................... 1203
SR 381--Arts, Georgia Citizens for; commend .......................... 1227 SR 382--Polygraph Operations Study Committee ........... .1234, 1300, 1374,
1472, 1493
SR 383--Highways; designate Highway 278, Cobb County, for
C.H. "Fat" James, Sr....................... 1234, 1301, 1374, 1472, 1494, 1509, 1531, 1532, 2220, 2978
SR 384--Resource Conservation and Development Program; commend .................................................. 1249
SR 385--Lockhart, Charlotte, GOAL Award recipient; commend .................................................. 1253
SR 386--Congress, U.S.; urged to support Employment Act to minimize impact of plant closings ............................. 1292
SR 387--Peace Officers' Annuity and Benefit Fund; Study Committee ........................... 1292, 1706, 1807, 1986, 1989
SR 388--University System; Eminent Scholars Endowment Trust Fund study committee ................. 1293, 1804, 1814, 1986, 1991
SR 389--Motor Vehicles; Inspection Study Committee ....... .1293, 1373, 1449, 1532, 1568
SR 390--Richards, Roy; commend .................................... 1317
SR 391--Contract Percentage Retainage Study Committee. ... .1361, 1804, 1814, 1986, 1992
SR 392--Gossett, Joe E.; commend .................................... 1383 SR 393--Cline, William L.; commend. ................................. 1383
SR 394--Olympics; Georgia Golden, recognize September 27 and 28, 1984.... ...........................................1384
SR 395--Fellows, Walter Scott; commend .............................. 1384 SR 396--Statutes of Limitation Study Committee ........... .1362, 1527, 1597,
1841, 1846
SR 397--Towns County; urge Natural Resources to study feasibility
of state park on TVA property.......... 1362, 1595, 1707, 1841, 1847 SR 398--U.S.S. GEORGIA; expressing honor at commissioning ......... 1384
SR 399--Bridge; Jasper County, urge commissioners designate in honor of Ezell S. Goolsby. .................... .1437, 1595, 1707, 1841, 1848
SR 400--Horton, Reba Plyler; regrets at passing ...................... . . 1384 SR 401--Horan, Father Ray; commend ............................ 1384
SR 402--Taiwan; invited as sister state with Georgia..................... 1470 SR 403--Elsroad, Clifford Watson; commend ........................... 1469
SR 404--Bradley, Jack; commend ..................................... 1469
SR 405--Johnson, Forest L.; commend ................................. 1469 SR 406--Tift County; high school football team, commend ......... .... 1469 SR 407--Lovein, Robert S.; commend.............................. 1469 SR 408--Hancock, Cheryl and Rudy; commend ......................... 1469
SR 409--Committee, Study; Student Achievement Improvement and Strengthening of Teachers ................................ 1437
SR 410--University of Georgia Bulldog Football Team; commend .................................................. 1529

3002

INDEX

SR 411--University of Georgia Mascot, UGA IV; commend .............. 1530 SR 412--University of Georgia Coach Vince Dooley; commend ......... 1530 SR 413--University of Georgia Cheerleaders; commend. ................. 1530 SR 414--University of Georgia Football Coach, Mike
Castronis; commend ......................................... 1530 SR 415--Transportation Study Committee ................. .1517, 1595, 1707,
1841, 1849 SR 416--Georgia-Pacific Corporation; commend ......................... 1530 SR 417--McDonald, Larry; express regrets at passing .................... 1530 SR 418--Parents Anonymous; merger with Committee for
Prevention of Child Abuse, commend .......................... 1607 SR 419--Secretaries, Professional International; commend................. 1542 SR 420--General Assembly; adjournment February 15 to
February 20 ................................... 1607, 1654, 1697 SR 421--Augusta Preparatory School; commend......................... 1644 SR 422--World Understanding and Peace Day; recognize
Rotary Clubs............................................... 1607 SR 423--Senate; Officials, Employees, Committees, amend SR 3,
salary of Secretary of the Senate ............. 1592, 1946, 1947, 2651 SR 424--Cable Television Study Committee ................. 1702, 1804, 1814 SR 425--Ware, Frankie C., Mrs.; commend ............................ 1607 SR 426--Federal Appropriations to Georgia; Study
Committee ........................... 1702, 1803, 1814, 1986, 1992 SR 427--Job Training Partnership Act Study Committee ...... 1702, 1803, 1814 SR 428--Turner, David; Henry County STAR student,
commend .................................................. 1744 SR 429--Powers, Jennifer; Stockbridge High School STAR
student, commend........................................... 1745 SR 430--Morgan, Chris; Meadow Creek Academy STAR
student, commend........................................... 1745 SR 431--Lee, Owen G. Parkway; Transportation Department
urged to designate Route 231, Brantley County ................... 1702, 1946, 1947, 2247, 2249, 2972, 2978 SR 432--School Board Members; urged to participate in training and developmental activities ............ 1702, 1802, 1815, 1986, 1993 SR 433--Brinson, Wendell; commend .................................. 1745 SR 434--Textbook Study Committee ...................... .1801, 1945, 1952,
2657, 2772 SR 435--Rabun County; High School Band, recognize ................... 1762 SR 436--DeKalb Community College Week; recognize ................... 1745 SR 437--Telephone Communications Policy Study Committee . . 1801, 2222, 2223 SR 438--Lee, Carolyn W.; commend ............................ 1840, 2654 SR 439--Children and Youth Coordinating Council Study
Committee ........................... 1801, 1946, 1947, 2656, 2750 SR 440--Booth, William H.; sympathy at passing ....................... 1840 SR 441--Stargel, Joseph H., Jr.; commend ............................. 1986 SR 442--Chambers, Evelyn; commend ................................. 1840 SR 443--Niekro, Phil; commend ...................................... 1840 SR 444--Rockmart High School Wrestling Team; commend ............. 1986 SR 445--Bridge; Towns County, urge Transportation Department to
name for Robert L. Anderson................ 1943, 2223, 2656, 2770 SR 446--Lord, Rachel; commend. ..................................... 1846 SR 447--Satellite Television Electric Membership Corporation
Study Committee ..................... 1801, 1946, 1947, 2404, 2443

INDEX

3003

SR 448--Georgia Institute of Technology; commend for Legislative Day............................................. 1986
SR 449--Public Utility Rate-making Process Study Committee ........................... 1944, 2222, 2223, 2656, 2717
SR 450--Public Agencies, Authorities; urged to use carpet manufactured in Georgia..................................... 2246
SR 451--Plunkett, Lamar R.; commend ................................ 2246 SR 452--Kaiser, Roger; commend ..................................... 2246 SR 453--Carswell, Porter Wilkins; commend ............................ 2246 SR 454--Burke, Sam F.; regrets at passing ............................. 2246 SR 455--Capitol Press Corps Women; commend ........................ 2246 SR 456--Atlanta International Marketplace; recognize ................... 2247 SR 457--McCoy, Shealy E.; appreciation ............................... 2247 SR 458--Stop Drugs at the Source, Mayor's Treaty; commend
Chevron USA .............................................. 2247 SR 459--Stop Drugs at the Source, Mayor's Treaty; commend
organizations participating ................................... 2247 SR 460--Stop Drugs at the Source, Mayor's Treaty; commend
Executive Park Amoco .................................. 2247 SR 461--Van Buren, Abigail "Dear Abby"; commend.................... 2250 SR 462--Fleetwood, William C.; commend ............................. 2403 SR 463--Swofford, Seals; commend.................................... 2403 SR 464--Pickling, William Arthur; commend ........................... 2403 SR 465--Police Dog Association, Georgia; commend ..................... 2403 SR 466--Summers, Louise; commend .................................. 2651 SR 467--Eberhart, Fannie Mae; commend .............................. 2650 SR 468--Masonic Organizations; commend ............................. 2650 SR 469--Rome, City of; commend on 150th anniversary .................. 2651 SR 470--Chatham County; Commissioners, urged to take
action on Hospital Authority ................................. 2654 SR 471--Omni Civitan Club of Atlanta; commend ....................... 2962 SR 472--Henderson, Jimmy, and Curtis Quillen; commend ............... 2962 SR 473--Regents Board; commend service of Scott Candler, Jr ........... 2962 SR 474--Moreland, Thomas D.; commend .............................. 2917 SR 475--Ivey, O. Torbitt; commend ................................... 2962 SR 476--Holloway, Senator Al; commend .............................. 2963 SR 477--Motor Vehicle Franchise Practices Act; Senate
position relating to certain manufacturer ....................... 2963 SR 478--Coleman, Senator Tom; admiration of Senate ................... 2957

3004

INDEX

PART II

HOUSE BILLS AND RESOLUTIONS

HB 46--Employment; wages due deceased employee, payment to survivors .............................................. 31, 35
HB 49--Breast Cancer; information pamphlet, informed consent provisions............................ 1527, 1597, 1841, 1885, 2165
HB 87--Meals Purchased by Public Agencies; competitive bidding ........................................ No action in 1984
HB 88--Agriculture; farm product sales, security interest ....................................... No action in 1984
HB 94--Peace Officers' Annuity and Benefit Fund; disability benefits.............................. 2223, 2224, 2656, 2744, 2969
HB 123--Employees' Retirement; mandatory due to age, provisions ......................... 736, 741, 1197, 1242, 1841, 1879
HB 137--Courts; Juvenile, orders for restrictive custody, procedures ..................................... No action in 1984
HB 143--Teachers Retirement; credit for half-time service ......................... 1110, 1113, 1373, 1449, 1747, 1766
HB 144--Retirement Systems; payments to beneficiaries.. ................... 1511, 1517, 1706, 1807, 2404, 2436
HB 152--Human Resources Department; aid to dependent children, redefine child, unemployed parent ................ 806, 809, 1194, 1242, 1472, 1499, 1692, 1759
HB 168--Highways; trailers, maximum combined length ........................................ No action in 1984
HB 169--Teachers Retirement; postretirement benefits, Firemen's Pension Fund .......... 1285, 1293, 1373, 1449, 1608, 1625
HB 177--Wills; spouse receive maximum allowed by federal law .................................... No action in 1984
HB 180--Elderly; income tax credit for sales tax on prescription drugs ............................... No action in 1984
HB 186--Divorce; no final judgment until all issues adjudicated .................................... No action in 1984
HB 199--Superior Court Judges Retirement; remove provisions relating to retirement after age 70 ............. 31, 35, 430, 654, 666, 845, 1087
HB 206--Penal Institutions; inmates, earned time allowances prohibited, armed robbery sentence.................................... 31, 36
HB 213--Crimes and Offenses; elderly victims, mandatory imprisonment. ............... 279, 284, 1120, 1198, 1472, 1532, 1569
HB 216--Life Imprisonment Without Parole; sentence, certain cases ................................... No action in 1984
HB 243--Teachers Retirement; military service credit ........ No action in 1984 HB 256--Teachers Retirement; Board of Trustees, composition . 106, 111, 1197,
1242, 1608, 1687, 1796, 1885, 2116, 2147, 2681, 2971 HB 272--Peace Officers' Annuity and Benefit Fund; definitions ........ 747, 816,
1250, 1318, 1333, 1516, 1845, 2328, 2334, 2566, 2585, 2628 HB 274--Teachers Retirement; credit for service in certain
territories....................... 1110, 1113, 1373, 1450, 1987, 2172 HB 277--Obscene Material; distribution to minors
unlawful....................................... No action in 1984

INDEX

3005

HB 285--Urban Residential Finance Authorities for Large Municipalities; board members, compensation ...................... 20, 1195, 1242, 1747, 1780, 1942
HB 298--Local Government; development authorities, redefine project relating to hotel facilities................................. 2773, 2803, 2967
HB 309--Adoption Records; Human Resources Department access to records ....................... 277, 284, 813, 855, 1144, 1204, 1211
HB 327--Administrative Procedure Act; Education Department and University System included, regulation of private schools....... No action in 1984
HB 358--Alcoholic Beverages; distilled spirits, limit number retail licenses issued ............... 1289, 1293, 1593, 1707, 1841, 1874, 2320, 2334
HB 360--Fulton County; Public Defender, provide for office . . . No action in 1984 HB 390--Indigents; legal defense by appointed attorney, action for
damages prohibited ........... 194, 198, 852, 1059, 1144, 1204, 1212 HB 393--Child Support; garnishment provisions based on court
order. ................................................... 31, 36 HB 398--Insurance; motor vehicle accident, economic loss benefits . . . 1047, 1049 HB 414--Administrative Services Department; surplus state property monthly
report not required................. 806, 809, 1197, 1242, 2405, 2611 HB 425--Superior Court Clerks; service in other courts,
compensation.............. 1289, 1293, 1371, 1450, 1609, 1655, 1796 HB 431--Civil Practice; action dismissed, plaintiff may recommence,
certain cases ................. 194, 198, 852, 1059, 1205, 1249, 1277 HB 434--Fulton County; superior court clerk, costs, change population figures
in Act, include DeKalb ..................... 1946, 1952, 2405, 2616 HB 438--Commissions, Boards; Stone Mountain State Park Authority,
name changed............................... 73, 86, 158, 169, 280 HB 442--Revenue; tax sales, counties purchase property, certain
cases........................... 1581, 1585, 1802, 1815, 2656, 2768 HB 451--State Government; motor pools, repair of
vehicles ........................ 1289, 1293, 1370, 1450, 2404, 2499 HB 457--Health; radiation control, civil penalties for
violations ....................... 1434, 1438, 2222, 2224, 2404, 2500 HB 464--Insurance; health care providers, jurisdiction,
regulation ................ 1185, 1189, 1372, 1450, 2248, 2322, 2625 HB 465--Natural Resources; conservation rangers, retain weapon and badge,
certain cases ................................... No action in 1984 HB 480--Bibb County; Commissioners, repeal certain Act, civil court judge
emeritus compensation retained ................... No action in 1984 HB 481--Bibb County; Civil Court, repeal certain Act, judge emeritus
compensation retained ........................... No action in 1984 HB 501--DeKalb County; Superior Court Clerk, fees. . . . 1298, 1374, 1454, 1699 HB 510--Motor Vehicles; moped, redefine .......................... 691, 693 HB 511--Sexual Crimes; child molestation, punishment, prohibit sale
and distribution harmful materials to minors.......... 277, 284, 1239, 1303, 1473, 1532, 1608, 1615, 1622, 1699
HB 518--Public Utilities; Emergency Telephone System "911", liability provisions. ................. 736, 742, 1946, 1952, 2656, 2769
HB 519--Savannah, City of; municipal court judge, compensation ................................... No action in 1984
HB 520--Coroners; change certain powers, duties and fees ............ 691, 693, 1526, 1597, 1747, 1751, 2115, 2143, 2320, 2326, 2673, 2971
HB 528--Medicaid; federal funds, Human Resources, preadmission screening required .............................. No action in 1984

3006

INDEX

HB 531--Watercraft; racing boats, flotation devices not required ....................... 310, 312, 429, 649, 712, 751, 789
HB 533--Augusta, City of; Council abolish certain offices, change election provisions............................... No action in 1984
HB 534--Richmond County; commissioners, composition of board, qualifications, election ........................... No action in 1984
HB 536--Penal Institutions; probationers, notice of residency, restitution of moneys owed..................... 356, 361, 430, 649, 712, 751, 790
HB 541--Agriculture; irrigation systems, anti-syphon devices ....................................... No action in 1984
HB 542--Corporations; garnishment proceedings, venue .......................... 1110, 1114, 1805, 1815, 1988, 2201
HB 554--Richmond County; Education Board, composition ............................... 1945, 1949, 2234, 2969
HB 559--State Employees; kidney donors, leave of absence .................... 692, 693, 1804, 1815, 2248, 2299, 2380
HB 571--Litter Control Law; change certain provisions............................ 355, 361, 747, 816, 863, 1039
HB 594--Property; landlord and tenant, rent control by local government prohibited ............... 377, 378, 813, 855, 1144, 1204, 1212, 1359
HB 598--Chatham County; Hospital Authority, repeal Act providing for filling of vacancies .................................... No action in 1984
HB 599--Chatham County; State Court, abolish certain position ........................ . .276, 287, 1194, 1242, 1312, 1435
HB 600--Chatham County; Probate Court Clerk, repeal Act on compensation......................... 1889, 1905, 2221, 2224, 2387
HB 602--Juvenile Proceedings; termination of parental rights, provisions. ................................ 1185, 1189, 1703, 1807,
1988, 2193, 2291, 2298, 2347, 2358, 2537, 2621 HB 616--Appling County; Commissioners, composition of
board ......................................... No action in 1984 HB 618--Fire Departments, Local; minimum
requirements .................... 1110, 1114, 1300, 1375, 1747, 1748 HB 620--Juvenile Proceedings; training seminars, superior
court judges exempt............................. No action in 1984 HB 633--Public Safety Board; change composition .................... 31, 36 HB 634--Insurance; paid-in capital stock, surplus requirements, Life and Health
Guaranty Association, exemptions ....... 1372, 1450, 1608, 1648, 1796 HB 635--Minority Subcontractors; income tax credit to persons
employing ................ 1322, 1332, 2383, 2384, 2656, 2700, 2969 HB 644--Radar Speed Detection Devices; redefine . . 279, 284, 367, 407, 440, 606 HB 670--Cobb County; taxes, change date taxes are due and
delinquent .................................... No action in 1984 HB 680--Tallapoosa Judicial Circuit; district attorney,
compensation ....................................... 746, 816, 858 HB 698--Executive Department; requisitions, purchase orders, consecutively
numbered................... 639, 642, 1056, 1122, 1205, 1249, 1278 HB 706--Sheriffs; eligibility after pardon for vehicular homicide
conviction. ........................... 423, 427, 747, 816, 863, 1040 HB 723--Motorcycle Riders; protective devices required, persons
under 18 years of age ................................ 1512, 1518 HB 732--Coordinate System, Georgia; adopt to designate geographic points
in state. . ................................... 806, 809, 1197, 1242

INDEX

3007

HB 747--Mclntosh County; commissioners, malpractice in office.......................................... No action in 1984
HB 748--Glynn County; Sheriff, compensation, automobile provided ....................................... No action in 1984
HB 790--Community Affairs Department; metropolitan area planning and development commissions, membership ............ 1185, 1189, 1370, 1450, 1842, 1899, 2378
HB 812--Chatham County; Governing Authority, restructure .......... 356, 364 HB 815--Schools; disciplinary tribunals, requirements of local education
boards ...................... 230, 233, 851, 1060, 2249, 2352, 2624 HB 817--Buildings; elevators, escalators, safety
requirements ................... .1186, 1190, 1804, 1815, 2249, 2335 HB 826--DeKalb County; Recorder's Court, successor for
judges........................................ No action in 1984 HB 828--Bibb County; alcoholic beverage sales, authorize during certain
hours ........................... 108, 227, 247, 267, 280, 298, 318 HB 830--Workers' Compensation; definitions, volunteer
policemen. .................. 356, 362, 1705, 1807, 2249, 2330, 2624 HB 835--Hall County; Probate Court Judge, serve as chief
magistrate .................................... No action in 1984 HB 839--Buildings; fire safety codes, existing structures,
non-mandatory .................. 1434, 1438, 1705, 1807, 1987, 2190 HB 840--Libraries; county and regional, change
provisions................. 1434, 1438, 1704, 1807, 1987, 2122, 2379 HB 844--Harris County; Education Board, election districts ....... 366, 407, 433 HB 845--Mountain Park, City of; mayor's court, change name,
election of judge ........................... 1298, 1375, 1456, 1563 HB 847--Troup County; Small Claims Court Judge, compensation .......... 46 HB 848--Troup County; State Court Judge and Solicitor, compensation ...... 46 HB 849--Troup County; Officials, change compensation.................... 47 HB 850--Troup County; Coroner, compensation .......................... 47 HB 851--Conyers, City of; homestead exemption, residents 62 or over ... 86, 177 HB 852--Newton County; Education Board, composition of districts .... 76, 108 HB 853--Newton County; Commissioners, composition of districts ........... 75 HB 855--Gilmer County; Probate Court Judge,
compensation....................................... 181, 205, 239 HB 856--Gilmer County; Commissioner, compensation ........... 181, 205, 239 HB 857--Loganville, City of; recorder, change qualifications ................ 76 HB 858--Wayne County; Education Board, change number of members .... 113 HB 860--Chatham County; school tax collection, change population figures
in Act ........................................ No action in 1984 HB 861--Chatham County; education tax funds remitted to
City of Savannah ............................... No action in 1984 HB 862--Dodge County; Education Board, appoint school superintendent . 47, 69 HB 864--Boiler and Pressure Vessel Safety Act;
enact .......................... 1289, 1294, 1804, 1815, 2247, 2265 HB 869--Harris County; business license fees, firms doing business in
unincorporated areas ....................... 2221, 2224, 2394, 2624 HB 870--Hiawassee, City of; revise
charter .............................. 1509, 1521, 1704, 1808, 1955 HB 871--Audits of Local Government Budgets;
requirements ................. 194, 198, 851, 1060, 1250, 1318, 1338 HB 872--Equal Access to Justice Act; review of State action against parties,
payment of expenses .......... 806, 809, 851, 1060, 1144, 1203, 1205

3008

INDEX

HB 873--Harris County; homestead exemptions . . . 1181, 1193, 1704, 1808, 1956 HB 877--Appeals; delete certain judgments deemed directly appealable, filing
of applications. .............. 806, 809, 1527, 1597, 1842, 1920, 2327, 2360, 2471, 2493, 2928, 2971
HB 878--Harris County Airport Authority; establish............................... 736, 743, 1298, 1375, 1458
HB 883--Administrative Procedure Act; state agencies reduce impact of regulations on small business ........................ 357, 362, 851, 1060, 1250, 1318, 1341
HB 884--Auctioneers Commission; membership, licensing requirements for sale of real estate. . 357, 362, 813, 855, 1205, 1249, 1279, 1351, 1410, 1517, 1546, 1699, 1771
HB 886--Prompt Payment Act; State bills owed, prompt payment required ............. 1186, 1190, 1239, 1303, 1472, 1496, 1678, 1684
HB 888--Newton County; Probate Court Judge, serve as chief magistrate ................................. 69, 72, 181, 205, 239
HB 889--General Assembly; local legislation, procedure for enactment.... 80, 82 HB 890--General Assembly; Senate Secretary and House Clerk, filling of
vacancies in office.............. 80, 82, 1804, 1815, 2403, 2406, 2502, 2530, 2589, 2606, 2943, 2972
HB 891--General Assembly; hour of meeting, change provisions .................... 80, 83, 1803, 1816, 2403, 2407
HB 893--University System; Chancellor, repeal Code section on annual appearance before General Assembly ................ 357, 362, 1371, 1450, 2774, 2776
HB 894--Workers' Compensation; proprietor of business, elect coverage .......................... 279, 284, 1705, 1807, 2404, 2437
HB 895--Harris County; Commissioners, change districts .................................... 70, 73, 366, 407, 433
HB 899--General Assembly; Senate Secretary and House Clerk, fees for documents .............. 80, 83, 1804, 1816, 2403, 2409, 2502, 2525, 2589, 2606, 2972
HB 900--General Assembly; Legislative Services Committee, membership, budget estimates, purchasing duties....... 281, 284, 1804, 1816, 2247, 2251, 2327, 2359, 2502, 2525, 2931, 2976
HB 901--Sales Tax; prescription drugs and eyeglasses exempt ............... 176, 180, 1593, 1707, 1842, 1892, 2163, 2177, 2280, 2287, 2788, 2972
HB 903--Liberty County; Magistrate Court, selection of chief....................................... 70, 73, 181, 205, 239
HB 904--Telephone Records; confidentiality, court orders to produce as evidence ............................................... 193, 198
HB 905--Professions; psychologists, licensing examinations .............. 1529, 1585, 1804, 1816, 2404, 2524, 2627
HB 907--Community Affairs Department; Area Planning and Development Advisory Committee ......... 639, 642, 1055, 1123, 1250, 1318, 1342
HB 908--Public Officers; conflicts of interest, certain medicaid transactions with state authorized ......................... 79, 82, 235, 292, 329, 352
HB 910--Counties; governing authorities adopt ordinances affecting unincorporated areas .... 737, 742, 1055, 1122, 1250, 1988, 2191, 2380
HB 912--Wills; probate, time period to become conclusive ........................ 842, 847, 1805, 1816, 2656, 2749
HB 913--Revenue; tax sales, time required for advertising property .......................... 806, 809, 1298, 1375, 2656, 2772

INDEX

3009

HB 914--Auctioneers Commission; change termination date ......................... 689, 693, 813, 855, 1144, 1204, 1214
HB 915--Civil Practice; judgments, execution dockets, recording requirements .................... 1432, 1438, 1803, 1816, 2403, 2412
HB 918--Webster County; Superior Court, change terms ................................ 193, 198, 404, 432, 654, 672
HB 919--Stewart County; Superior Court, change terms ................................ 194, 199, 404, 432, 654, 673
HB 920--Webster County; Magistrate Court, election of chief .................................... 70, 73, 181, 205, 240
HB 921--Quitman County; Probate Court Judge, serve as chief magistrate ..................... 70, 73, 181, 205, 240
HB 922--Meetings Open to Public; exceptions, real estate sales under discussion ........................ 80, 83, 1705, 1808
HB 926--Chiropractors; qualifications, licensing requirements ................ 423, 427, 1195, 1242, 1318, 1385, 1421
HB 928--Education; teachers supervising student teachers, requirements, salary ......................... .1184, 1190, 1369, 1451, 1609, 1658
HB 929--Glynn County; State Court Clerk, compensation................................ 70, 73, 181, 205, 240
HB 931--Motor Vehicles; used, registration time limit for transfer ........................... 193, 199, 405, 432, 654, 679
HB 933--Law Enforcement; agencies exchange information with Administrator of Fair Business Practices ................ 106, 111, 366, 407, 440, 607
HB 934--Offender Rehabilitation Department; state inmates to county jails, restrictions....................... 357, 362, 430, 650, 712, 751, 791
HB 935--Gilmer County; Superior Court, change terms.......................... 79, 83, 181, 205, 241
HB 936--Elections; amend various Code provisions ........................ 107, 111, 235, 292, 329, 353, 739
HB 937--Elections; Municipal, change various Code provisions............................. 109, 111, 366, 407, 440, 608
HB 938--Elections; voting machine provisions...................... .1184, 1190, 1370, 1451, 1747, 1791
HB 939--Elections; polling places, distribution of certain material authorized .................... 107, 111, 366, 407, 440, 609
HB 940--Elections; voter registration, cards, lists, ballots for nonpartisan judicial primary . 107, 112, 366, 408, 440, 618, 1516, 1763, 1799, 1846, 2781, 2972
HB 941--Elections; vote recorders, display prior to elections ........................... 107, 112, 366, 408, 440, 610
HB 942--Elections; voter registration, change of address, notification......................... 107, 112, 366, 408, 440, 611
HB 943--Elections; voter registrars, high school principals, procedures ............................ 107, 112, 366, 408, 440, 612
HB 946--Magistrate Courts; change various Code provisions. . ........... 194, 199, 1196, 1243, 1318, 1385, 1411, 1516, 1629, 1693, 1762, 2674, 2948, 2949, 2957, 2977
HB 948--Notaries Public; military officers, services for family of overseas servicemen .......... 194, 199, 1120, 1198, 1250, 1318, 1342
HB 949--Parking, Handicapped; penalties for violations. ........ 177, 180, 1705, 1808, 1986, 1994, 2290, 2299, 2327, 2336, 2471, 2627
HB 950--Courts; bail schedule, judges establish, certain courts ....................... 230, 233, 852, 1060, 1205, 1249, 1282

3010

INDEX

HB 951--Hotels, Motels; innkeeper, liability for valuables of guests .................... 1513, 1518, 2221, 2224, 2405, 2603, 2968
HB 952--Fire Sprinkler Act; reciprocal agreements relating to certification .................. 638, 642, 853, 1060, 1204, 1249, 1283
HB 957--Revenue; Equalization Board, State, reconstitute, create Tax Settlement and Compromise Board ............. 842, 847, 1298, 1375, 1473, 1532, 1608, 1609, 1666, 1699
HB 959--Teachers; certified personnel, classifications for appropriating salary increases ......................................... 278, 285
HB 960--Campaign and Financial Disclosure; certain reports filed with election superintendent............. 279, 285, 747, 816, 863, 1064, 1093, 1360
HB 961--Wilkinson County; homestead exemption, increase allowance................................... 79, 83, 181, 205, 241
HB 962--Wilkinson County; Probate Court Judge, serve as chief magistrate........................... 80, 83, 181, 206, 241
HB 963--Wilkinson County; Superior Court Clerk, compensation............................... 80, 84, 181, 206, 241
HB 965--Appropriations; state government, supplemental to June 30, 1984 ....... 230, 233, 365, 408, 439, 441, 640, 656, 685, 871, 1048, 1228
HB 966--Dallas, City of; change corporate limits ......... 80, 84, 181, 206, 242 HB 967--Shoplifting Suspect; arrested without a warrant,
certain cases ...................... 311, 312, 1527, 1597, 2248, 2309 HB 968--Fortunetelling; county ordinances to punish
violations ..................... 309, 313, 813, 855, 1318, 1385, 1417 HB 969--Local Government; elections, county and municipal
contracts ................... 639, 642, 1056, 1123, 1473, 1532, 1573 HB 970--Elections; counties conduct for municipalities,
contracts ......................... 639, 643, 1056, 1123, 1608, 1640 HB 973--Public School Employees Retirement Fund; board of trustees,
composition ........................... 194, 199, 430, 650, 820, 830 HB 974--Firemen's Pension Fund; board of trustees,
composition ...................... 195, 199, 430, 650, 712, 751, 792 HB 975--Peace Officers' Annuity and Benefit Fund; board of trustees,
composition ......................... ............... 1288, 1294, 1373, 1451, 2404, 2528, 2570, 2656, 2689, 2970
HB 976--Trial Judges and Solicitors Retirement Fund Board; composition ...................... 176, 180, 430, 650, 712, 751, 794
HB 977--Sheriffs; Retirement Fund Board, composition ............... 177, 180, 747, 816, 863, 1064, 1098, 1360
HB 978--Superior Court Clerks; Retirement Fund Board, composition ....................... 688, 693, 1057, 1123, 2405, 2553
HB 979--Probate Courts; Judges' Retirement Fund Board, composition ....................... 689, 694, 1057, 1123, 2405, 2579
HB 980--Domestic Relations; alimony, child support, revision of judgment ................... 310, 313, 1239, 1303, 1841, 1883, 2378
HB 981--Magistrate Courts; probate judge serving as chief, compensation...................... 690, 694, 1239, 1303, 1609, 1676
HB 982--Firearms; pistol license renewal procedures ........................ 690, 694, 1239, 1303, 1842, 1926
HB 983--Probate of Wills; time for granting order admitting to record ............................. 278, 285, 698, 748, 821, 839
HB 984--Guardians; minor wards, procedure for letters of dismission ................. 310, 313, 852, 1061, 1842, 1923, 2377

INDEX

3011

HB 985--Notaries Public; revise Code chapter. ................ 842, 847, 1300,
1375, 1473, 1532, 1577, 1701 HB 986--Magistrate Courts; appeals provisions ........... 278, 285, 1239, 1303,
2405, 2570 HB 987--Uniform Management of Institutional Funds Act;
enact ............................ 737, 742, 1370, 1451, 1987, 2151 HB 988--Eminent Domain; condemnation proceedings, filing of oath of
special master ................... 1432, 1438, 1946, 1953, 2404, 2441 HB 989--Ad Valorem Tax; agricultural property with preferential assessment,
classification, covenant provisions.......... 689, 694, 851, 1061, 1250,
1318, 1343, 1565 HB 990--Mitchell County; Education Board, compensation
provisions ................................. 108, 112, 181, 206, 242 HB 994--Funeral Director, Embalmer; licensing requirements, change termination
date of State Board ............ 397, 402, 747, 816, 1144, 1204, 1215 HB 995--Opticians; licensing requirements, change termination date of
State Board................... 397, 402, 747, 817, 863, 1064, 1099 HB 996--Stewart County; Commissioners,
three-member board........................ 108, 113, 181, 206, 242 HB 998--Crimes and Offenses; child molestation, aggravated, penalty
provisions.................... 277, 285, 852, 1061, 1250, 1318, 1346 HB 999--Claims Advisory Board; time limit on filing claims, delete
obsolete provisions ............... 1046, 1049, 1369, 1451, 1841, 1864 HB 1003--Birth Certificates; adopted persons born in foreign
country............................... 230, 233, 367, 408, 440, 613 HB 1006--Revenue; tax sales, redemption of property, cost include any
taxes paid ...................... 1288, 1294, 1593, 1707, 1842, 1917 HB 1008--Human Resources Department; provide facilities for Industries
for the Blind ...................... 805, 810, 1526, 1598, 1841, 1873 HB 1009--Motor Vehicles; registration of heavy vehicles, proof of federal
tax payment .................... 1110, 1114, 1301, 1375, 1609, 1657 HB 1010--Public Utilities; private carriers, redefine,
regulations...................... 1288, 1294, 1706, 1808, 1987, 2189 HB 1011--Wills; administrators, executors, bond requirements ........ 1288, 1294,
2222, 2224, 2404, 2530, 2613, 2617, 2655, 2687 HB 1015--Insurance; Health, Tommy Nobis employment center employees covered
under State .................... .1183, 1190, 1299, 1376, 1608, 1650 HB 1016--Income Tax; corporations, manner of
computing ................ 1513, 1518, 1944, 1953, 2249, 2369, 2626 HB 1022--Wills; self-proved, provisions......... 689, 694, 1239, 1304, 1472, 1495 HB 1023--Property; ad valorem tax on inventories, freeport, exemption
application .................. 195, 200, 1944, 1947, 2403, 2418, 2626 HB 1024--Courts; Supreme and Court of Appeals, justices,
compensation..................... 161, 165, 365, 409, 440, 614, 739 HB 1025--Motor Vehicles; insurance, increase coverages, penalties,
attorneys' fees .......................................... 688, 695, 1299, 1376, 1987, 2144, 2326, 2366, 2502
HB 1026--Lake Lanier Islands Development Authority; sales tax exemption, property purchased ............... 1110, 1114, 1593, 1707, 2249, 2341
HB 1027--Physician's Assistants; temporary certification requirements .................. 690, 695, 812, 856, 1144, 1204, 1216
HB 1029--Juvenile Proceedings; child loitering in public, certain hours unlawful, parent liable, penalties. ....... 689, 695, 1194, 1243, 1842, 1930, 2165

3012

INDEX

HB 1030--Chatham County; Recorder's Court, terms .................................... 176, 180, 289, 318, 369
HB 1031--Corporations; registration and renewal fees, notices to shareholders. ..................... .638, 643, 1239, 1304, 1841, 1891
HB 1032--Local Government; county jurisdiction when boundary is stream of water .............................. 277, 286, 404, 432, 654, 680
HB 1033--Penal Institutions; Pardons and Paroles Board, reports ........................... 638, 643, 1239, 1304, 2404, 2440
HB 1034--Real Estate; transfer fees, deed to secure debt, repeal Code........................... 278, 286, 404, 432, 654, 681
HB 1036--Insurance; motor vehicle accident, subrogation provisions. ....... 309, 313, 1056, 1123, 1205, 1250, 1318, 1346, 1515
HB 1037--District Attorneys; collection of fines, duties transferred to clerk of court ..................... 638, 643, 1447, 1528, 2656, 2751
HB 1038--District Attorneys; Assistant, revise Code chapter, appointment, salary provisions ..................... 1183, 1191, 1805, 1816, 2656, 2752, 2941, 2942
HB 1039--District Attorneys; secretaries, remove limitations on salary increase ......................................... 638, 643
HB 1040--Cook County; Probate Court Judge, serve as chief magistrate ........................... 176, 180, 289, 318, 369
HB 1042--Controlled Substances; change certain listings ....................... 639, 644, 812, 856, 1250, 1318, 1349
HB 1043--Criminal Procedure; sentence, prior felony conviction in other state punished as conviction in this state ........................ 278, 286
HB 1045--Appropriations; state government, general, July 1, 1984 to June 30, 1985 ....... 1422, 1427, 1801, 1817, 1986, 2004, 2150, 2152, 2258, 2262, 2810, 2976
HB 1046--Law Enforcement; chiefs of police, agency heads, training requirements ................. 807, 810, 853, 1061, 1144, 1204, 1217
HB 1047--Pest Control Compact, Interstate; Georgia be party to .............................. 310, 313, 365, 409, 440, 616
HB 1048--Birds, Exotic and Pet; regulations, import permits ........................ 281, 286, 365, 409, 440, 617
HB 1053--Domestic Relations; marriage license, county in which issued ................ 805, 810, 1120, 1198, 2404, 2549, 2627
HB 1054--Domestic Relations; domicile of minors, determination .................... .805, 810, 1194, 1243, 2249, 2345
HB 1057--Heart Pacemakers; provisions for receipt and reuse. ...................... 423, 427, 1195, 1243, 1842, 1901, 2164
HB 1058--Heart Pacemakers; disposition on death of person possessing. .................. 423, 427, 1195, 1243, 1842, 1926, 2164
HB 1059--Real Estate Brokers; licensing, branch offices .................... 1288, 1294, 1705, 1808, 1988, 2202, 2378
HB 1062--Sunset Law; Forestry Board, change termination date .............. .424, 427, 813, 856, 1318, 1385, 1415, 1516, 1547
HB 1064--Fulton County; magistrate and state courts, fees, volunteer legal services ................ 309, 313, 1239, 1304, 1473, 1532, 1576
HB 1067--State Government; purchasing, preference to Georgia vendors. ....................... .1185, 1191, 1370, 1451, 1987, 2176
HB 1068--Counties; health boards, membership, environmental health services.......................................... 424, 427,
1196, 1243, 1842, 1908, 2115, 2157, 2290, 2306, 2424, 2628

INDEX

3013

HB 1070--Law Enforcement; deceased or missing persons, agencies exchange information ....................... 691, 695, 1239, 1304, 1747, 1753
HB 1073--Trucks; transporting household, office goods, liability and lien provisions .............................................. 737, 742,
1196, 1244, 1608, 1631, 1797, 1883, 2116, 2152, 2628, 2670 HB 1077--Elections; candidates qualifying by pauper's affidavit, financial statement
required ........................ 1358, 1362, 1803, 1817, 2249, 2329 HB 1078--Guardians; letters of dismission, publication
requirements ................ 688, 695, 1528, 1598, 1842, 1896, 2164 HB 1079--Chattooga County; State Court, election dates,
clerical assistance ...................... 193, 200, 366, 409, 437, 691 HB 1082--Secretary of State; proposed constitutional amendments, audio tapes to
public libraries .................. 1582, 1585, 1803, 1817, 2248, 2303 HB 1083--Child Care Centers; criminal records checks of employees . . . .805, 810,
1194, 1244, 1473, 1532, 1608, 1622 HB 1087--Probation; special incarceration, 17 to 25 year olds,
provisions ......................... 639, 644, 1240, 1304, 1842, 1895 HB 1088--Offender Rehabilitation Department; employment of personnel, board
approval not required. ............. 359, 362, 429, 650, 712, 751, 796 HB 1089--Offender Rehabilitation Department; inmate's property deemed
abandoned, disposition ........ 359, 363, 430, 650, 712, 751, 796, 1359 HB 1090--Motor Vehicles; sheriffs, flashing blue lights authorized on personal car,
certain cases ................... 1513, 1518, 1806, 1817, 2403, 2421, 2581, 2617, 2968
HB 1091--Sheriffs; motor vehicle allowance.............. 842, 847, 1239, 1304, 1473, 1532, 1608, 1623
HB 1092--Wilcox County; Superior Court Clerk, compensation.............................. 229, 234, 366, 409, 432
HB 1093--Wilcox County; Tax Commissioner, consolidate offices .................................... 229, 234, 366, 409, 432
HB 1094--Wilcox County; appointment of chief magistrate ................................ 229, 234, 289, 318, 370
HB 1095--Mitchell County; Education Board, compensation.............................. 229, 234, 366, 409, 432
HB 1101--Community Service Work; probation requirement, pretrial release and diversion programs................... 1184, 1191, 1240, 1305, 1608, 1644, 1680, 1698, 1792
HB 1102--Fees for Professional Services Paid by State Agencies; distribution of copies ...................... 424, 428, 747, 817, 863, 1064, 1100
HB 1103--Architects Board; renamed, qualifications of applicants for exam ...................... 424, 428, 747, 817, 863, 1064, 1101
HB 1105--Game and Fish; commercial shrimping or crabbing with certain nets unlawful........................................... 357, 363
HB 1106--Southern Judicial Circuit; judges, salary supplement ........ .279, 286, 852, 1061, 1250, 1318, 1349, 1435
HB 1107--Community Affairs Department; local government entities file information on revenue bonds... . . .1185, 1191, 1369, 1452, 1747, 1777
HB 1108--Attorney General; habeas corpus proceedings, felony inmate, notice to district attorney if no appeal .................. 843, 848, 1705, 1808
HB 1109--Hearing Aid Dealers Board; termination date, change licensing requirements ............. 397, 403, 747, 817, 1144, 1204, 1219, 1360
HB 1111--Landlord and Tenant; dispossessory proceedings, court clerk notify trial judge of appeal............... 309, 314, 852, 1061, 1144, 1204, 1223

3014

INDEX

HB 1112--Property; deeds, transfer tax, exemption for joint tenants ........................... 806, 810, 1593, 1708, 2405, 2612
HB 1113--Glynn County; Commissioners, election districts ........................... 230, 234, 366, 409, 434
HB 1114--Elections; voter registration list, cost of computer-run tape ............... 1046, 1050, 1239, 1305, 2404, 2535
HB 1116--Rochelle, City of; mayor, recorder's court, punishment imposed .................................. 276, 287, 366, 410, 435
HB 1117--Pulaski County; Magistrate Court, provisions................................. 276, 287, 366, 410, 435
HB 1118--Elections; soil and water conservation supervisors, not defined as elected official ..................... 688, 696, 1056, 1124, 2405, 2560
HB 1119--Mclntosh County; Education Board, terms of office ............................... 276, 287, 1055, 1124, 1199
HB 1120--Mclntosh County; Education Board, appoint school superintendent.................... 276, 287, 1055, 1124, 1200
HB 1121--Mclntosh County; Education Board, compensation........................... 277, 288, 1055, 1124, 1200
HB 1122--Ad Valorem Tax; parent-teacher organization property exempt ..................... 716, 732, 1298, 1376, 1608, 1641, 1795
HB 1123--Commerce; trademark infringements, counterfeit goods, court procedure, punishment provisions ............ 1564, 1585, 1946, 1953, 2249, 2324
HB 1124--Gwinnett County; Education Board, composition of districts .................................. 277, 288, 428, 650, 701
HB 1131--Atlanta Judicial Circuit; additional judge .......................... 1361, 1362, 1447, 1528, 1609, 1679
HB 1132--Pistols; license to carry, retired federal law enforcement officials exempt from fees ....................... 1047, 1050, 1241, 1305, 1841, 1889
HB 1133--Dieticians Licensing Law; regulate profession. ...................... 1289, 1295, 1526, 1598, 1747, 1754
HB 1135--Commerce; Sale of Business Opportunity, investment requirements, definitions ................ 1046, 1050, 1196, 1244, 2248, 2315, 2624
HB 1136--Columbus-Muscogee County Municipal Court Judge; serve as chief magistrate ........................... 277, 288, 366, 410, 435
HB 1138--Garnishment; tax execution returned to appropriate court.. ....................... 689, 696, 813, 856, 1144, 1204, 1224
HB 1139--Insurance; taxes on premiums by municipalities and counties, amend Code ................... .1165, 1174, 1593, 1708, 1841, 1872
HB 1141--Jenkins County; Magistrate Court, provisions................................. 277, 288, 366, 410, 436
HB 1144--Retirement; Joint Municipal Employees, revise system ..................... 805, 811, 1057, 1124, 1250, 1318, 1351
HB 1147--Fulton County; Education Board, number of members, election. ........................ . .397, 403, 1238, 1305, 1381, 1436
HB 1149--Banking and Finance; revise code, receivership, redefine term "savings and loan associations". ............ 1183, 1191, 1593, 1708, 1841, 1853, 2327, 2350
HB 1150--Public Officers; salaries, superior court judges, district attorneys, Attorney General ............ 717, 732, 1120, 1198, 1250, 1318, 1384, 1406, 1420, 1516, 1534, 1693, 1754, 2177, 2416
HB 1152--Conflicts of Interest; public officers, purchase surplus state property at auction ..................... 309, 314, 747, 817, 863, 1064, 1102
HB 1153--Recreation Examiners Board; change termination date ......................... 688, 696, 813, 856, 1144, 1204, 1225

INDEX

3015

HB 1155--Elections; Code title, correction of errors ........................... 278, 287, 429, 651, 712, 751, 799
HB 1156--Official Code of Georgia Annotated; revisions and corrections ................... 279, 287, 429, 651, 712, 751, 800, 844
HB 1158--Elections; Municipal, voter lists purged every two years ................. 1047, 1050, 1239, 1305, 1473, 1532, 1579
HB 1159--Elections; voter registration, procedures ...................... 1358, 1362, 1803, 1817, 2404, 2526
HB 1160--Credit Union Deposit Insurance Corporation; membership, powers and duties ..................... .1183, 1191, 1593, 1708, 1841, 1859
HB 1161--Tattnall County; State Court, clerical assistant, compensation.............................. 308, 314, 366, 410, 436
HB 1163--Family Day Care Homes; residential locations ...................... 1184, 1192, 1593, 1708, 1842, 1934
HB 1164--Securities Act; provide for uniformity, change regulations ................ 805, 811, 1298, 1376, 1842, 1915, 2163
HB 1165--Used Motor Vehicle Parts and Salvage Dealers Board; composition ..................... 1358, 1362, 1595, 1708, 2248, 2321
HB 1166--Homestead Exemption; annual filing not required ........................ 1339, 1340, 1944, 1947, 2248, 2300
HB 1167--Pooler, Town of; redefine corporate limits .................................... 308, 314, 428, 651, 702
HB 1168--Social Services; Family Practice Board, membership, terms .......................... 1358, 1363, 1804, 1817, 2248, 2306
HB 1169--Revenue; ad valorem tax, constitutional changes, exemptions continued ....................... 1339, 1340, 1944, 1947, 2248, 2291
HB 1170--Motor Vehicles; certificate of title, hearing complaints, fees ............ 688, 696, 1057, 1124, 1205, 1250, 1318, 1384, 1410
HB 1171--Labor; Employment Security Law, change provisions. ....................... .806, 811, 1196, 1244, 1747, 1768
HB 1172--Elections; voter registration, places, regulations........................... 1340, 1370, 1452, 1609, 1656
HB 1174--Dams Safety Act; change certain provisions.................... 357, 363, 429, 651, 712, 751, 820, 831
HB 1176--Toombs County; Magistrate Court, provisions ................................. 308, 314, 366, 410, 436
HB 1177--Wheeler County; Magistrate Court, provisions................................. 308, 315, 366, 410, 436
HB 1178--Treutlen County; Magistrate Court, provisions ................................. 309, 315, 366, 410, 437
HB 1179--Montgomery County; Attorney, not required to be county resident ............................ 309, 315, 366, 410, 437
HB 1180--Fulton County; School Employees Pension Board, membership ....................... 844, 848, 1197, 1244, 1609, 1677
HB 1181--Professions; Osteopathic and Medical Colleges, evaluation for licensing of graduates ...................... 690, 696, 1526, 1598, 2248, 2323
HB 1182--Trucks; weight limitations and exemptions.................................. 737, 742, 1057, 1124
HB 1185--Domestic Relations; Uniform Reciprocal Enforcement of Support Act, redefine state ..................... 737, 743, 1239, 1305, 1609, 1682
HB 1186--Tattnall County; Sheriff, deputies furnished automobile................................ 358, 364, 428, 651, 702
HB 1187--Tax Collectors; time for payment of collections to county ....................... 1358, 1363, 1524, 1598, 1986, 2003

3016

INDEX

HB 1189--Thomaston-Upson County Tax Assessors Board; repeal Act consolidating .............................. 358, 364, 428, 651, 702
HB 1191--Sheriffs; county merit board hear employee appeals......................... 1512, 1518, 1806, 1817, 1986, 2002
HB 1193--Tallulah Falls, Town of; new charter ......... 358, 364, 428, 651, 702 HB 1194--Union County; Notla Water Authority, service area boundaries,
debt limitations ..................... 358, 364, 852, 1062, 1129, 1233 HB 1195--Natural Resources; Game and Fish Code, change
provisions................... 843, 848, 1197, 1244, 1472, 1532, 1572 HB 1196--Revenue; income tax, penalties for filing frivolous
return .......................... 1564, 1585, 1944, 1948, 2248, 2286 HB 1197--Crimes and Offenses; bad checks, service charge
for issuance ............... 1184, 1192, 1372, 1452, 1609, 1685, 1796 HB 1198--Banking and Finance; regional interstate banking,
regulations...................... 1032, 1041, 1298, 1376, 1472, 1504 HB 1199--Driver's License; minors, reinstatement fee
after suspension ................. 1110, 1114, 1241, 1305, 1842, 1929 HB 1200--Driver's License; suspension upon DUI conviction in
other state ........................ 843, 848, 1300, 1376, 2249, 2364 HB 1201--Driver's License; suspended due to canceled insurance,
restoration fee.................. 1185, 1192, 1301, 1376, 2405, 2610 HB 1203--Twiggs County; Education Board, filling of vacancies ........ 358, 365,
1298, 1377, 1459 HB 1204--Twiggs County; Commissioners, filling
of vacancies............................ 358, 365, 1298, 1377, 1459 HB 1205--House of Representatives; reapportion districts 15, 16,
28, and 34................ 1433, 1439, 1803, 1818, 2656, 2795, 2969 HB 1206--Insurance; taxes on premiums, population figures, reimbursement and
voluntary payment ......... 1357, 1363, 1704, 1809, 1988, 2208, 2378 HB 1207--Labor; minimum wage requirement, increase to
$3.25 per hour .................... 690, 697, 1196, 1244, 1608, 1647 HB 1208--Health Spas; bond requirements,
regulations................ 1111, 1114, 1196, 1245, 1318, 1385, 1414 HB 1209--Motorcycles; used for agriculture, exempt from registration
and licensing .............. 1513, 1519, 1595, 1708, 2405, 2555, 2627 HB 1211--Reapportionment; House of Representatives, districts
144 and 145 .............................. 1357, 1363, 1803, 1818, 2247, 2267, 2328, 2349
HB 1213--Family Violence Prevention Orders; copy of court order to petitioner. .................... 1357, 1363, 1594, 1709, 1841, 1871
HB 1215--Campus Policemen; witness fees when subpoenaed ..................... 1582, 1586, 1805, 1818, 2405, 2561
HB 1216--Hospital Authorities; members, expenses........................ 1357, 1363, 1804, 1818, 2404, 2536
HB 1217--Insurance; Health, Georgia Development Authority employees eligible for State plan ................... 1047, 1050, 1239, 1306, 2248, 2292
HB 1220--Motor Vehicles; insurance, false certification, penalty.............. 1357, 1364, 1594, 1709, 2404, 2422, 2503, 2527
HB 1222--North High Shoals, Town of; mayor and council, election. ................................. 398, 403, 428, 652, 703
HB 1223--Western Judicial Circuit; judges, salary supplement. . .............. 1047, 1051, 1239, 1306, 1747, 1787
HB 1224--Columbia County; penalties for violation of ordinances ............................. 398, 403, 1194, 1245, 1307

INDEX

3017

HB 1229--Motor Fuel Tax Revenue; interest earned not defined as revenue ................................... 383, 396, 645, 1445
HB 1230--Jury Duty; exemptions, judges' authority ......................... 843, 848, 2222, 2224, 2656, 2692
HB 1232--Veterinary Technician; examination requirements ................... 690, 697, 745, 818, 863, 1064, 1103
HB 1233--MARTA; board of directors, membership ..................................... 1025, 1299, 1377
HB 1235--Medicaid; nursing home patients, relatives' supplement ................. 843, 849, 1195, 1245, 1318, 1385, 1420
HB 1236--Pharmacists; registration provisions, intern licenses. .... 738, 743, 1196, 1245, 1473, 1532, 1574, 1693, 1751, 1797, 1845, 2271, 2971
HB 1238--Habersham County; sales tax for education ................................. 398, 403, 746, 817, 858
HB 1239--Death Penalty; carried out by lethal injection .................. 1153 HB 1242--Income Tax; credit for solar energy
systems. ....................... .1184, 1192, 1705, 1809, 1987, 2141 HB 1245--Dade County; Education Board,
election districts ........................... 398, 403, 746, 817, 858 HB 1246--Dade County; Commissioners,
create board .............................. 398, 404, 746, 818, 859 HB 1247--Fulton County; State Court Clerk,
duties ............................... 1229, 1237, 1525, 1598, 1718 HB 1248--Cook County; Commissioners,
election districts ........................... 398, 404, 746, 818, 859 HB 1249--Merit System; remove certain employees from classified
service ................... 1046, 1051, 1239, 1306, 1609, 1680, 1795 HB 1250--Game and Fish; hunting on land of another person,
requirements .............. 1230, 1234, 1595, 1709, 1987, 2183, 2380 HB 1252--Cherokee County; Education Board, appoint school
superintendent............................. 637, 644, 746, 818, 859 HB 1253--Randolph County; Probate Court Judge, serve as
chief magistrate ........................ 687, 697, 1298, 1377, 1459 HB 1254--Mclntosh County; superior court terms, grand
jury provisions............................. 637, 644, 746, 818, 859 HB 1255--Bleckley County; Probate Court Judge,
compensation........................... 841, 849, 1525, 1598, 1719 HB 1256--Bleckley County; Sheriff,
compensation........................... 841, 849, 1525, 1599, 1719
HB 1257--Bleckley County; Tax Commissioner, compensation........................... 841, 849, 1525, 1599, 1719
HB 1259--Murray County; Magistrate Court, provisions......................... 637, 644, 1593, 1709, 1835, 2164
HB 1260--Residential Finance Authority; bond requirements, compensation of public members. ................. 1231, 1234, 1369, 1747, 1769, 2625
HB 1261--Columbus, City of; recorder's court, appointment of clerks.................................. 637, 644, 746, 818, 860
HB 1263--Columbus, City of; commissions and boards, membership............................... 638, 645, 746, 818, 860
HB 1264--Public Officers; expenses, documentation required ........................ 1254, 1801, 1818, 2405, 2585, 2967
HB 1265--Property; joint tenants, survivorship, severance of interest ...................... 1434, 1439, 1805, 1818, 1987, 2186

3018

INDEX

HB 1267--Natural Resources; Radioactive Waste Management Compact, revise text ...................... 1231, 1234, 1595, 1709, 1842, 1925
HB 1268--Montgomery County; Magistrate Court, provisions ................................. 638, 645, 746, 819, 860
HB 1269--Crisp County; Commissioners, compensation.............................. 638, 645, 746, 819, 861
HB 1270--Property; condominium, liability for unpaid assessment after foreclosure ................. 1583, 1586, 1805, 1818, 2656, 2718
HB 1271--Civil Practice; service, copy to defendant outside county of action ................................... 807, 811, 1239, 1306, 2404, 2547, 2613, 2657, 2697, 2737, 2946, 2976
HB 1272--Clarke County; Elections and Registration Board, create .................................. 687, 697, 852, 1062, 1126
HB 1274--Clarke County; Elections Board, repeal Act creating ..............1185, 1192, 1526, 1599, 1984, 2380
HB 1275--Clarke County; Magistrate Court, provisions............................... 687, 697, 852, 1062, 1127
HB 1276--Insurance; health care providers, peer review groups ................... 1231, 1235, 1527, 1599, 1842, 1905, 2379
HB 1278--Aliens; identification card in lieu of driver's license use passport number ................. 1357, 1364, 1594, 1709, 1986, 2000
HB 1281--Douglas Judicial Circuit; change terms of court ........................ 1564, 1586, 1805, 1819, 2248, 2296
HB 1282--Douglas County; Commission Chairman, compensation.............................. 687, 697, 746, 819, 861
HB 1283--Douglas County; Magistrate Court, provisions................................. 688, 697, 746, 819, 861
HB 1287--Bleckley County; Superior Court Clerk, compensation........................... 841, 850, 1525, 1599, 1720
HB 1288--Bleckley County; Commissioner, compensation........................... 842, 850, 1525, 1599, 1720
HB 1290--Wills; escheat of property, intestate with no heirs ........................... 1230, 1235, 1946, 1953, 2405, 2559
HB 1291--Wills; administrators, waiver of certain publication ........ 1564, 1586 HB 1292--Low-Voltage Contractors; licensing ........................ 843, 849,
1705, 1809, 2247, 2257, 2328, 2337, 2377, 2424, 2590, 2971 HB 1293--Boxing Commission, State; change certain
provisions ...................... 1231, 1235, 1369, 1452, 1747, 1778 HB 1294--Pest Control Licenses; suspension, use of
controlled substances ............. 1514, 1519, 1703, 1809, 2405, 2550 HB 1296--Health; hospitals provide emergency service to pregnant
women ................... 1285, 1295, 1527, 1599, 1841, 1865, 2164 HB 1298--Seminole County; Commissioners,
change districts......................... 738, 743, 1298, 1377, 1460 HB 1302--Forsyth County; business license tax, firms operating in unincorporated
area of the county ...................... 738, 743, 1055, 1124, 1200 HB 1306--Paulding County; Commission Chairman,
compensation ............................ 738, 744, 852, 1062, 1127 HB 1308--Hazardous Waste Materials; immunity from liability for aid in
mitigating damage ................. 843, 849, 1300, 1377, 1842, 1918 HB 1310--Lake City Mayor and Council; terms
of office ................................ 738, 744, 852, 1062, 1127 HB 1312--Clayton Judicial Circuit; additional
judge .......................... 1512, 1519, 1705, 1809, 1987, 2182

INDEX

3019

HB 1313--Public Officers; conflicts of interest, disclosure requirements, redefine transacting business............. 844, 850, 1371, 1452, 1609, 1670, 1795
HB 1314--Courts; bailiffs, compensation ...... 1513, 1519, 1805, 1819, 1987, 2120 HB 1317--Counties; governing authority, exercise of power, immune from antitrust
liability. .................. 1231, 1235, 1370, 1452, 2248, 2366, 2623 HB 1318--Jones County; Superior Court Clerk,
compensation........................... 738, 744, 1525, 1599, 1720 HB 1319--Jones County; Sheriff,
compensation........................... 738, 744, 1704, 1809, 1956 HB 1320--Jones County; Tax Commissioner,
compensation........................... 738, 744, 1704, 1810, 1956 HB 1321--Jones County; Probate Court Judge,
compensation........................... 739, 744, 1525, 1600, 1721 HB 1323--Rockdale County; Sheriffs Department Merit
Board, create ........................ 1043, 1051, 1194, 1245, 1308 HB 1324--Fulton County; library system, board of trustees,
membership..................... 1565, 1590, 1945, 1949, 2239, 2379 HB 1325--Thomas County; Manager,
create office............................ 739, 745, 1298, 1377, 1460 HB 1326--State Government; contracts, services of architects, engineers,
land surveyors................... 1339, 1340, 1705, 1810, 1987, 2188 HB 1328--Medical Practice; hospital staff privileges, discrimination
prohibited ...................... 1514, 1519, 1804, 1819, 2404, 2441 HB 1329--Sales Tax; prescription drugs dispensed to Medicaid recipients,
exemption ..................... 1504, 1508, 1944, 1948, 2248, 2368 HB 1330--Burke County; Solicitor, expense
allowance.............................. 804, 811, 1055, 1125, 1200 HB 1331--Camilla, City of; mayor and councilman,
election ............................... 804, 811, 1298, 1378, 1460 HB 1332--Law Clerks' Compensation; judicial circuits with institutions for
carrying out death sentence ....... 1232, 1235, 1527, 1600, 2248, 2282 HB 1335--Ware County; Education Board, election,
appoint superintendent................... 805, 812, 1055, 1125, 1201 HB 1337--Private Detectives and Security Agencies;
licensing provisions.................... 1254, 1371, 1453, 1609, 1683 HB 1338--Fulton County; public defender, appointment,
expenses............................. 1286, 1295, 1525, 1600, 1721 HB 1339--Health; mentally retarded patients in state institutions, respite care,
insurance payments ..... 1231, 1235, 1526, 1600, 1841, 1863, 2378 HB 1342--Dispossessory Proceedings; writ of possession, rental
transaction...................... 1582, 1586, 1805, 1819, 2248, 2302 HB 1343--Probate Courts; procedures and times for
actions ......................... 1581, 1586, 1946, 1953, 2248, 2308 HB 1344--Property; estate sale by one other than petitioner or guardian,
publication ...................... 1512, 1519, 1946, 1954, 2249, 2348 HB 1346--Natural Resources; water systems, public,
performance bond................ 1358, 1364, 1595, 1709, 1987, 2119 HB 1348--Brooks County; Commissioners, reconstitute
board ............................ 842, 850, 1525, 1600, 1736, 2163 HB 1349--Brooks County; Superior Court Clerk,
compensation........................... 842, 850, 1525, 1600, 1721 HB 1350--Brooks County; Education Board,
reapportionment ........................ 842, 850, 1525, 1600, 1722

3020

INDEX

HB 1354--Children; juvenile court probation condition, study toward diploma.................. 1512, 1520, 1593, 1710, 1987, 2171
HB 1356--Motor Vehicles; trucks unregistered, highway use permits, fees..................... ...... 1358, 1364, 1595, 1710, 1987, 2156
HB 1358--Insurance; cancellation notices, premium finance companies, return of unearned premiums .............. 1232, 1236, 1594, 1710, 2248, 2278
HB 1361--Fulton County; business tax, firms in unincorporated area ................................ 1229, 1237, 1525, 1600, 1722
HB 1362--Hotel Tax; counties, municipalities, limit amount charged ....... 1512, 1520, 1944, 1948, 2404, 2442, 2629, 2657, 2773, 2774
HB 1364--Veterans; dishonorably discharged, ineligible for State Patrol..................... 1231, 1236, 1300, 1378, 2774, 2777
HB 1369--Education; county boards, accident insurance for injuries to students...................... 1513, 1520, 1704, 1810, 2404, 2517
HB 1370--Cairo, City of; extend corporate limits ............................... 1043, 1051, 1298, 1378, 1461
HB 1371--Gordon County; Commissioners, election districts ...................... 1106, 1115, 1298, 1378, 1461
HB 1372--Gordon County; Education Board, election districts ...................... 1106, 1115, 1298, 1378, 1461
HB 1373--Firearms; local governments prohibited from regulating or licensing ............................... 1401, 1426, 1706, 1810, 1987, 2165, 2279, 2292, 2347, 2361, 2666, 2971
HB 1374--Walton County; Probate Judge, serve as chief magistrate ........................... 1043, 1051, 1194, 1245, 1308
HB 1375--Butts County; Treasurer, abolish office........................... 1025, 1026, 1238, 1306, 1382, 1436
HB 1377--Lamar County; Superior Court Clerk, method of compensating. ........................ 1043, 1051, 1194, 1245, 1308
HB 1379--Webster County; Commissioner, compensation......................... 1043, 1051, 1298, 1378, 1462
HB 1380--Webster County; Treasurer, compensation......................... 1044, 1052, 1298, 1378, 1462
HB 1381--Alpharetta, City of; bids on contracts, requirements ......................... 1229, 1237, 1525, 1601, 1722
HB 1382--Alpharetta, City of; mayor and council, compensation. . ....................... 1229, 1237, 1525, 1601, 1722
HB 1383--Alpharetta, City of; Municipal Court Judge, compensation ........................ 1230, 1237, 1525, 1601, 1723
HB 1386--Jefferson County; State Court Judge and Solicitor, compensation......................... 1044, 1052, 1194, 1245, 1308
HB 1387--Louisville, City of; change date of municipal election. ............................. 1044, 1052, 1194, 1246, 1309
HB 1388--Jefferson County; Commissioners, provisions............................ 1044, 1052, 1194, 1246, 1309
HB 1389--Jefferson County; Magistrate Court, provide .............................. 1044, 1052, 1194, 1246, 1309
HB 1390--Houston Judicial Circuit; additional judge ................. 1289, 1295, 1527, 1601, 1841, 1890
HB 1391--Cobb Transportation Authority; create .......................... 1077, 1097, 1704, 1810, 1969, 2326
HB 1393--Habersham County; Commissioners, election. ........................ 1044, 1052, 1195, 1246, 1313, 1435

INDEX

3021

HB 1394--Hapeville, City of; municipal election, change date.......................... 1230, 1238, 1525, 1601, 1723
HB 1396--Downtown LaGrange District; change limits......................... 1106, 1115, 1298, 1378, 1462
HB 1397--Troup County; State Court, jurors ...... 1106, 1115, 1298, 1379, 1462 HB 1400--Cobb County; Stadium Authority,
create ............................... 1044, 1052, 1945, 1950, 2228 HB 1401--Gordon, City of; homestead
exemption ........................... 1044, 1053, 1195, 1246, 1310 HB 1402--Jones County; homestead
exemption ........................... 1044, 1053, 1195, 1246, 1310 HB 1403--Jones County; Education Board,
reconstitute .......................... 1045, 1053, 1525, 1601, 1723 HB 1404--Jones County; Commissioners,
reconstitute board..................... 1045, 1053, 1704, 1810, 1956 HB 1405--Gray, City of; election of
aldermen ............................ 1045, 1053, 1195, 1246, 1310 HB 1406--Maxeys, City of;
reincorporate ......................... 1045, 1053, 1195, 1246, 1310 HB 1407--Lexington, City of; municipal elections,
change date.......................... 1045, 1053, 1195, 1246, 1311 HB 1408--Bulloch County; School System, proceeds of
local sales tax ........................ 1045, 1053, 1195, 1247, 1311 HB 1409--Bulloch County; Sheriffs deputies,
clerk, compensation ............. 1045, 1054, 1195, 1247, 1316, 1436 HB 1410--Bulloch County; Tax Commissioner's Assistants,
compensation.. ....................... 1045, 1054, 1195, 1247, 1311 HB 1411--Bulloch County; Superior Court Clerk, employees,
compensation......................... 1045, 1054, 1195, 1247, 1312 HB 1412--Bulloch County; Probate Court Clerk,
compensation. . ....................... 1046, 1054, 1195, 1247, 1312 HB 1413--Bulloch County; Commissioners, clerk,
compensation......................... 1046, 1054, 1195, 1247, 1312 HB 1414--Grady County; Education Board,
compensation......................... 1046, 1054, 1298, 1379, 1463 HB 1415--Grady County; Commissioners, election
districts ............................. 1046, 1054, 1299, 1379, 1463 HB 1416--Examining Boards, State; investigators, bond to carry firearms,
repeal .......................... 1513, 1520, 1806, 1819, 2656, 2771 HB 1417--Decatur, City of; commissioners, election
provisions............................ 1286, 1295, 1525, 1601, 1724 HB 1418--Voting Rights Act, Federal; local governments consult Attorney General
on actions reviewed by Justice Department ............... 1584, 1587, 1805, 1819, 2247, 2260, 2380
HB 1419--Rockdale County; Tax Commissioner, compensation......................... 1107, 1115, 1299, 1379, 1463
HB 1420--Rockdale County; Probate Court Judge, compensation......................... 1107, 1115, 1299, 1379, 1464
HB 1421--Rockdale County; Sheriff, compensation. . ....................... 1107, 1115, 1299, 1379, 1464
HB 1422--Rockdale County; Coroner, automobile expense allowance ............................ 1107, 1116, 1299, 1379, 1464
HB 1423--Rockdale County; Commissioners, compensation. . ....................... 1107, 1116, 1299, 1379, 1465

3022

INDEX

HB 1424--Rockdale County; Superior Court Clerk, compensation. ........................ 1107, 1116, 1299, 1380, 1465
HB 1425--Marion County; Probate Court Judge, serve as chief magistrate ...................... 1107, 1116, 1525, 1601, 1724
HB 1426--Marion County; Sheriff deputy, compensation. ........................ 1107, 1116, 1802, 1819, 1957
HB 1427--Oconee County; Probate Court Judge, serve as chief magistrate ...................... 1107, 1116, 1299, 1380, 1465
HB 1428--Houston County; Magistrate Court, provide. ............................. 1108, 1116, 1299, 1380, 1466
HB 1429--Columbus, City of; publication of ordinances ..................... .1108, 1117, 1525, 1602, 1737, 1940
HB 1432--North Georgia College; scholarships, two per congressional district ......................... 1514, 1521, 1804, 1820, 2248, 2297
HB 1433--Decatur County; Commissioners, composition of board ............................... 1108, 1117, 1802, 1820, 1957
HB 1435--Fayette County; Coroner, compensation. ....................... 1108, 1117, 1299, 1380, 1466
HB 1436--Richmond County; Magistrate Court, provide .............................. 1286, 1296, 1525, 1602, 1724
HB 1438--Baker County; Education Board, compensation. ........................ 1182, 1193, 1299, 1380, 1466
HB 1439--Driver's License; school bus driver classification, requirements ......................................... 1514, 1521
HB 1440--Lincoln County; Superior Court, change terms. . ....................... 1182, 1193, 1525, 1602, 1725
HB 1442--Judges; municipal courts, residence requirements .................... 1582, 1587, 1805, 1820, 2405, 2602
HB 1443--Muscogee County; State Court Judge, Solicitor, Assistants, salary ..................... 1108, 1117, 1525, 1602, 1725
HB 1444--Columbus, City of; municipal court judge, clerk, marshal, salary ...................... 1108, 1117, 1525, 1602, 1725
HB 1445--Muscogee County; Superior Court Clerk, compensation ........................ 1108, 1117, 1525, 1602, 1726
HB 1446--Muscogee County; Probate Court Judge, compensation ........................ 1108, 1118, 1525, 1602, 1726
HB 1447--Muscogee County; Sheriff, compensation......................... 1109, 1118, 1525, 1602, 1726
HB 1448--Muscogee County; Tax Commissioner, compensation......................... 1109, 1118, 1525, 1603, 1727
HB 1449--Chattahoochee Judicial Circuit; assistant district attorney, compensation. ........................ 1109, 1118, 1525, 1603, 1727
HB 1450--Chattahoochee Judicial Circuit; judges' salary, supplement ................... . . 1109, 1118, 1945, 1950, 2242, 2378
HB 1451--Chattahoochee Judicial Circuit; district attorney, salary supplement ..................... 1109, 1118, 1945, 1950, 2242, 2378
HB 1452--Whitfield County; Magistrate Court, provide................. ... ........ 1109, 1119, 1525, 1603, 1727
HB 1454--Bryan County; Magistrate Court, provide. ............................. 1109, 1119, 1299, 1380, 1466
HB 1456--Screven County; Commissioners, compensation ......................... 1109, 1119, 1299, 1380, 1467
HB 1462--Wheeler County; Education Board, composition .......................... 1182, 1193, 1299, 1380, 1467

INDEX

3023

HB 1463--Ben Hill County; Commissioners, election. ............................. 1182, 1193, 1299, 1380, 1467
HB 1464--Worth County; Commissioners, compensation......................... 1182, 1193, 1299, 1381, 1468
HB 1465--Catoosa County; Commissioner, compensation. . ....................... 1182, 1193, 1299, 1381, 1468
HB 1466--Sky Valley City Council; membership.......................... 1230, 1238, 1525, 1603, 1728
HB 1469--Butts County; Superior Court Clerk, compensation......................... 1230, 1238, 1525, 1603, 1728
HB 1470--Johnson County; State Court, abolish .............................. 1230, 1238, 1525, 1603, 1728
HB 1471--Johnson County; Magistrate Court, selection of chief ............................ 1230, 1238, 1525, 1603, 1728
HB 1472--Campus Policemen; redefine campus......................... 1434, 1439, 1804, 1820, 2403, 2411
HB 1473--Farm Wineries; redefine, local licensing provisions ...................... 1584, 1587, 1803, 1820, 1986, 1988
HB 1475--Revenue; ad valorem tax, homes for mentally handicapped exempt............................. 1433, 1439, 1944, 1948, 2248, 2294, 2348, 2365, 2501, 2514, 2601, 2628
HB 1478--lift County; business license tax, firms in unincorporated area............................ 1509, 1522
HB 1479--Union County; Treasurer, abolish office, transfer duties........................ 1286, 1296, 1525, 1603, 1729
HB 1480--Union County; Commissioner, create office as governing authority ................... 1286, 1296, 1525, 1603, 1729
HB 1481--Union County; Probate Judge, serve as chief magistrate ........................... 1286, 1296, 1525, 1604, 1729
HB 1482--White County; Tax Commissioner, compensation......................... 1286, 1296, 1525, 1604, 1730
HB 1483--Berrien County; Superior Court Clerk, compensation......................... 1287, 1296, 1525, 1604, 1730
HB 1484--Perry-Fort Valley Airport Authority; quorum for meetings ......................... 1287, 1296, 1525, 1604, 1730
HB 1485--Peach County; Commissioners, compensation......................... 1287, 1296, 1525, 1604, 1730
HB 1486--East Point, City of; mayor and council, election date ................................ 1566, 1590, 1945, 1950, 2229
HB 1487--Grady County; Education Board, election districts, membership ..................... 1287, 1297, 1525, 1604, 1738, 1795
HB 1488--Snellville, City of; change corporate limits ............................... 1287, 1297, 1525, 1604, 1731
HB 1489--Forsyth County; Magistrate Court, provide .............................. 1287, 1297, 1525, 1604, 1731
HB 1490--Floyd County; chief deputies, governing authority approve salary........................ 1287, 1297, 1802, 1820, 1957
HB 1491--Brunswick, City of; election date, advertising of ordinances......................... 1287, 1297, 1704, 1810, 1958
HB 1492--Woodstock, City of; mayor's office, filling of vacancies.......................... 1287, 1297, 1525, 1604, 1731
HB 1493--Flint Judicial Circuit; salary supplements, judges, district attorneys. ................ 1433, 1439, 1705, 1810, 2249, 2346

3024

INDEX

HB 1494--Conflicts of Interest; assistant attorney general representing criminal

defendant, provisions ............. 1581, 1587, 1805, 1820, 2249, 2363

HB 1495--Columbia County; Tax Commissioner,

compensation......................... 1354, 1365, 1945, 1950, 2229

HB 1496--Columbia County; homestead

exemption ........................... 1354, 1365, 1945, 1950, 2229

HB 1497--Stapleton, Town of; change

to City .............................. 1354, 1365, 1526, 1605, 1732

HB 1498--Chatsworth, City of; Recorder's

Court ............................... 1354, 1365, 1526, 1605, 1732

HB 1499--Murray County; Election Board,

create .......................... 1355, 1366, 1526, 1605, 1741, 1940

HB 1500--DeKalb County; State Court, additional

assistant solicitor ..................... 1355, 1366, 2383, 2384, 2629

HB 1501--Franklin-Heard County Water Authority;

create ............................... 1355, 1366, 1526, 1605, 1732

HB 1502--Greene County; Commissioners, election

of members .......................... 1355, 1366, 1526, 1605, 1732

HB 1503--Greene County; Probate Judge, serve as

chief magistrate ........

1355, 1366, 1526, 1605, 1733

HB 1504--Greene County; Superior Court Clerk, Probate Judge,

compensation......................... 1355, 1366, 1526, 1605, 1733

HB 1505--Greene County; Tax Commissioner, assistants,

compensation......................... 1355, 1366, 1526, 1605, 1733

HB 1506--Correctional Institutions; inmate files classified confidential. . 1432, 1439,

1806, 1820, 2249, 2362, 2501, 2537, 2620, 2736, 2794, 2976

HB 1507--Wilkinson County; Sheriff,

compensation......................... 1288, 1297, 1526, 1605, 1734

HB 1508--Wilkinson County; Probate Court Judge,

compensation......................... 1288, 1298, 1526, 1606, 1734

HB 1509--Wilkinson County; Tax Commissioner,

compensation......................... 1288, 1298, 1526, 1606, 1734

HB 1511--Harris County; Education Board, election of

members ............................ 1355, 1366, 1526, 1606, 1734

HB 1512--License Plates; special to commemorate Georgia

Tech Centennial ................. 1514, 1521, 1595, 1710, 1987, 2187

HB 1514--DeKalb County; Commissioners, resign to run

for other office ....................... 1433, 1440, 2383, 2384, 2629

HB 1515--DeKalb County; Commissioners, vacancy if candidate for

other office. .......................... 1433, 1440, 2383, 2384, 2630

HB 1516--Coffee County; Education Board, compensation of

members ............................ 1355, 1367, 1526, 1606, 1735

HB 1517--Oglethorpe County; Tax Commissioner, consolidate

offices ............................... 1356, 1367, 1526, 1606, 1735

HB 1518--Fort Oglethorpe, Town of; change corporate

limits ............................... 1428, 1440, 1593, 1710, 1825

HB 1519--Fort Oglethorpe, Town of; change

corporate limits....................... 1428, 1440, 1803, 1821, 1958

HB 1520--Ringgold, City of; change

corporate limits. . ..................... 1428, 1441, 1593, 1710, 1825

HB 1521--Catoosa County; Superior Court Clerk, assistants,

salary ............................... 1428, 1441, 1593, 1710, 1826

HB 1522--Habersham County; alcoholic beverage tax for

education ............................ 1429, 1441, 1593, 1711, 1826

INDEX

3025

HB 1523--White County; Water and Sewerage Authority, create ............................... 1429, 1441, 1593, 1711, 1826
HB 1524--White County; Superior Court Clerk, compensation. ........................ 1429, 1441, 1593, 1711, 1827
HB 1525--Peachtree City; Airport Authority, create ............................... 1429, 1441, 1593, 1711, 1827
HB 1526--South Georgia Judicial Circuit; judges, salary supplement ..................... 1514, 1521, 1705, 1811, 1987, 2183
HB 1527--Walker County; Probate Court, personnel, compensation. ........................ 1429, 1441, 1593, 1711, 1827
HB 1528--Walker County; Tax Commissioner, compensation of personnel. ........................ 1429, 1442, 1593, 1711, 1828
HB 1529--Walker County; Superior Court Clerk, personnel, compensation. ........................ 1429, 1442, 1593, 1711, 1828
HB 1530--Rossville, City of; corporate limits. ...................... 1429, 1442, 1593, 1711, 1828
HB 1531--Walker County; Coroner, compensation. . ....................... 1429, 1442, 1594, 1711, 1828
HB 1532--Lumpkin County; Water and Sewerage Authority, create .............................. 1430, 1442, 1594, 1712, 1829
HB 1533--Clayton County; State Court, clerk and deputy, responsibilities........................ 1356, 1367, 2221, 2225, 2387
HB 1534--Clayton County; Tax Commissioner, compensation. . ....................... 1356, 1367, 1594, 1712, 1829
HB 1535--Clayton County; Sheriff and Superior Court Clerk, compensation......................... 1356, 1367, 2221, 2225, 2387
HB 1536--Clayton County; Probate Court Judge, compensation.. ....................... 1356, 1367, 1594, 1712, 1829
HB 1537--Clayton Judicial Circuit; district attorney, salary supplement.......................... 1356, 1368, 2383, 2385
HB 1538--Clayton County; State Court Solicitor, compensation. ................... 1356, 1368, 1594, 1712, 1837, 2164
HB 1539--Clayton County; State Court Judges, compensation......................... 1356, 1368, 2221, 2225, 2388
HB 1540--Clayton Judicial Circuit; judges, salary supplement.......................... 1356, 1368, 2383, 2385
HB 1541--Clayton County; Commissioners, compensation. . ....................... 1357, 1368, 1594, 1712, 1830
HB 1542--Tallulah Falls, Town of; municipal court, punishment imposed.............. 1430, 1442, 1594, 1594, 1712, 1830
HB 1545--McDuffie County; Sheriff and Employees, compensation......................... 1430, 1442, 1594, 1712, 1830
HB 1546--McDuffie County; Coroner, compensation. ....................... 1430, 1443, 1594, 1712, 1831
HB 1547--McDuffie County; Commissioners, compensation......................... 1430, 1443, 1594, 1712, 1831
HB 1548--McDuffie County; chief magistrate, superior court judges appoint. ....................... 1430, 1443, 1594, 1713, 1831
HB 1549--McDuffie County; Superior Court Clerk, compensation. . ....................... 1430, 1443, 1594, 1713, 1831
HB 1550--Dougherty County; Magistrate Court, change terms of offices ....................... 1430, 1443, 1594, 1713, 1832
HB 1551--Long County; Magistrate Court, selection of chief................................ 1430, 1443, 1594, 1713, 1832

3026

INDEX

HB 1552--Chatham County; Magistrate Court, provide .............................. 1431, 1443, 1594, 1713, 1832
HB 1553--Motor Fuel Tax Revenue; interest earned not defined as revenue ........................................... 1433, 1446
HB 1554--Henry County; Officials, compensation. ........................ 1431, 1444, 1704, 1811, 1958
HB 1555--Henry County; Commissioners, election districts ...................... 1431, 1444, 1704, 1811, 1958
HB 1556--Towns County; Probate Court Judge, serve as chief magistrate ...................... 1431, 1444, 1594, 1713, 1833
HB 1557--Towns County; Tax Commissioner, consolidate offices ............................... 1431, 1444, 1594, 1713, 1833
HB 1558--Towns County; Commissioner, create office as governing authority ................... 1431, 1444, 1594, 1713, 1833
HB 1559--Towns County; Sheriff's deputies, compensation......................... 1431, 1444, 1594, 1713, 1833
HB 1560--Clayton County; Education Board, compensation of members .......................... 1431, 1444, 1594, 1714, 1834
HB 1561--Clayton County; Magistrate Court, superior court judges appoint. ....................... 1431, 1445, 1594, 1714, 1834
HB 1562--Forest Park, City of; extend corporate limits .......................... 1432, 1445, 1594, 1714, 1838, 2165
HB 1563--Adrian, City of; incorporate ............ 1432, 1445, 1594, 1714, 1834 HB 1564--Fulton County; magistrate, part-time,
appointment.......................... 1566, 1590, 1945, 1950, 2230 HB 1565--Perry, City of; change council
districts ............................. 1432, 1445, 1704, 1811, 1959 HB 1566--Perry, City of; council powers by resolution
or motion............................ 1432, 1445, 1704, 1811, 1959 HB 1568--Motorcycles; license fee, increase. . . 1564, 1587, 1946, 1948, 2405, 2565 HB 1569--Agrirama Development Authority;
membership............... 1565, 1587, 1703, 1811, 2249, 2342, 2624 HB 1571--Barrow County; Commissioners, chairman,
compensation.. .................. 1510, 1522, 1704, 1811, 1970, 2377 HB 1572--Moreland, Town of; change corporate
limits ............................... 1510, 1522, 1704, 1811, 1959 HB 1573--Floyd County; Tax Commissioner, periodic salary
increases ............................ 1510, 1522, 1802, 1821, 1960 HB 1574--Floyd County; Superior Court Clerk, periodic
salary increases....................... 1510, 1522, 1802, 1821, 1960 HB 1576--DeKalb County; Magistrates, provide for number
and election.......................... 1510, 1522, 2383, 2385, 2631 HB 1577--Laurens County; Magistrate Court,
provide .............................. 1510, 1522, 1704, 1812, 1960 HB 1581--Douglas County; Elections Board,
provide .............................. 1510, 1523, 1802, 1821, 1961 HB 1582--Colquitt County; Magistrate Court,
provide .............................. 1510, 1523, 1704, 1812, 1961 HB 1583--Burke County; Commissioners,
compensation. ........................ 1510, 1523, 1704, 1812, 1961 HB 1584--Douglasville, City of; mayor and council,
election provisions. .................... 1510, 1523, 1802, 1821, 1961 HB 1585--Morgan County; Chief Magistrate,
appoint constables .................... 1510, 1523, 1704, 1812, 1962

INDEX

3027

HB 1587--Paulding County; Education Board, composition of districts ........................... 1510, 1523, 1802, 1821, 1962
HB 1589--Richmond County; Officials, compensation. ........................ 2119, 2211, 2383, 2385, 2630
HB 1591--Ware County; Commission Chairman, duties ............................... 1510, 1523, 1704, 1812, 1962
HB 1592--Charlton County; Commissioners, compensation provisions................ 1510, 1523, 1704, 1812, 1963
HB 1593--Cobb Judicial Circuit; additional assistant district attorneys. ..................... 1510, 1524, 1802, 1821, 1963
HB 1594--Palmetto, City of; mayor and councilmen, terms of office ............................. 1764, 1774, 1945, 1950, 2230
HB 1595--Cobb County; State Court Judge, compensation......................... 1510, 1524, 1802, 1821, 1963
HB 1596--Cobb County; Probate Court, additional deputy clerk ................................ 1510, 1524, 1802, 1822, 1963
HB 1598--Miller County; Probate Judge serve as chief magistrate ........................... 1566, 1590, 1704, 1812, 1964
HB 1600--Soperton, City of; new charter .............................. 1566, 1591, 1704, 1813, 1964
HB 1601--Bacon County; State Court, create ............................... 1566, 1591, 1704, 1813, 2230
HB 1602--DeKalb County; Education Board, nonpartisan election. .................. 1566, 1591, 2383, 2385, 2635, 2725, 2748
HB 1603--Dodge County; Magistrate Court, appointment of chief ............................. 1566, 1591, 1705, 1813, 1964
HB 1605--Clayton County; Probate Court, appeals provisions ..................... 1566, 1591, 1802, 1822, 1965
HB 1606--Moultrie, City of; corporate limits. ..................... 1566, 1591, 1705, 1813, 1965
HB 1608--Union County; Probate Court Judge, compensation......................... 1651, 1694, 1802, 1822, 1965
HB 1609--Etowah-Forsyth County Water Authority; create ............................... 1651, 1694, 1802, 1822, 1966
HB 1610--Chattooga County; Magistrate Court, provide .............................. 1651, 1694, 1802, 1822, 1966
HB 1611--Marietta-Cobb County Water Authority; membership provisions ................. 1651, 1694, 2383, 2385, 2630
HB 1612--Whigham, City of; new charter .......................... 1652, 1694, 1802, 1822, 1966
H B 1613--Concord, City of; new charter .......................... 1652, 1694, 1802, 1822, 1966
HB 1614--Early County; Probate Court Judge, serve as chief magistrate ...................... 1652, 1695, 1802, 1822, 1967
HB 1615--Harris County; Education Board, bids required on supplies. .......................... 1652, 1695, 2221, 2225, 2388
HB 1616--Spalding County; Magistrate Court, costs for law library........................... 1652, 1695, 1802, 1822, 1967
HB 1619--Crisp County; Commissioners, change number. ............................. 1764, 1774, 1945, 1951, 2230
HB 1620--Catoosa County; homestead exemption, residents 62 years or over .............................. 1652, 1695, 1803, 1823, 1967
HB 1621--Chatham County; governing authority ............................ 1694, 1697, 1803, 1823, 2231

3028

INDEX

HB 1622--Habersham County; Magistrate Court, fees for law library........................... 1652, 1695, 1803, 1823, 1968
HB 1623--Coweta County; Education Board, composition ..................... 1652, 1695, 1803, 1823, 1971, 2625
HB 1624--Jeff Davis County; Commissioners, districts, compensation.................... 1653, 1696, 1803, 1823, 1980, 2624
HB 1625--Jeff Davis County; State Court, create ............................... 1653, 1696, 1803, 1823, 1968
HB 1628--Statesboro, City of; Recorder's Court, residency requirements ......................... 1653, 1696, 1803, 1823, 1968
HB 1629--Towns County; Probate Court Judge, compensation......................... 1653, 1696, 1803, 1823, 1968
HB 1630--Riverdale, City of; change corporate limits....................... 1653, 1696, 2221, 2225, 2388
HB 1631--Coweta County; Commissioners, redefine districts ................. 1653, 1696, 1803, 1824, 1983, 2625
HB 1632--Putnam County; homestead exemption, residents 65 years or over .............................. 1653, 1696, 1803, 1824, 1969
HB 1633--Berrien County; Commissioners, change number. ............................. 1653, 1697, 1945, 1951, 2231
HB 1634--Chatham County; Elections Board, create .......................... 1887, 1903, 2221, 2225, 2395, 2624
HB 1635--Candler County; Magistrate Court, provide for chief............................. 1764, 1774, 2221, 2225, 2389
HB 1636--Emanuel County; Education Board, election districts ................. 1764, 1775, 1945, 1951, 2399, 2626
HB 1638--Spalding County; Coroner, compensation......................... 1764, 1775, 2221, 2225, 2389
HB 1639--Catoosa County; Utilities Commissioners, extend jurisdiction. .......................... 1765, 1775, 1945, 1951, 2231
HB 1640--Talbotton, City of; new charter .......................... 1765, 1775, 2221, 2225, 2389
HB 1641--Brunswick-Glynn County Charter Commission; extend time ..................... 1765, 1775, 1945, 1951, 2243, 2379
HB 1642--Spalding County; State Court Judge and Solicitor, compensation......................... 1765, 1775, 2221, 2226, 2389
HB 1643--Lincolnton, City of; provide new charter .......................... 1765, 1775, 1945, 1951, 2232
HB 1644--Lincoln County; Commissioners, compensation......................... 1765, 1776, 1945, 1951, 2232
HB 1645--Wilkes County; Magistrate Court, provisions............................ 1765, 1776, 1945, 1951, 2232
HB 1646--Warren County; Magistrate Court, provisions............................ 1765, 1776, 1945, 1951, 2232
HB 1647--Warren County; Treasurer, abolish office, depository provisions............................ 1765, 1776, 1945, 1951, 2233
HB 1650--Houston County; Water and Sewer Study Commission, create .......................... 1766, 1776, 2221, 2226, 2400, 2626
HB 1652--Lamar County; Magistrate Court, provisions............................ 1766, 1776, 2383, 2386, 2631
HB 1653--Wilkes County; Commissioners, boundaries of districts ........................... 1766, 1776, 1945, 1952, 2233
HB 1654--Cobb County; Juvenile Court Judge, compensation......................... 1766, 1776, 2221, 2226, 2390

INDEX

3029

HB 1655--Butts County; Magistrate Court,

provisions....................... 1766, 1777, 2383, 2386, 2636, 2970

HB 1656--Turner County; Commissioners, composition of

board ............................... 1766, 1777, 1945, 1952, 2233

HB 1657--Turner County; Education Board, election of

members ............................ 1766, 1777, 1945, 1952, 2233

HB 1658--Upson County; Education Board, composition of

districts ............................. 1888, 1903, 2221, 2226, 2390

HB 1659--Pike County; Commissioners,

election districts ................. 1888, 1903, 2383, 2386, 2636, 2968

HB 1660--Upson County; Magistrate Court, appointment of chief

1888, 1903

HB 1662--Upson County; School Superintendent, Education

Board appoint........................ 1888, 1904, 2221, 2226, 2390

HB 1664--Atlanta, City of; Cabbagetown Historic District, ad valorem

tax exemption ........................ 1888, 1904, 2383, 2386, 2631

HB 1665--Marietta, City of; corporate limits include Kennesaw Mountain

National Battlefield Park .............. 1888, 1904, 2383, 2386, 2631

HB 1666--Ware County; Treasurer, abolish office, provide for

depositories .......................... 1888, 1904, 2221, 2226, 2391

HB 1667--Carroll County; Magistrate Court, provisions ............. 2337, 2351

HB 1668--Elberton, City of; council, establish

election wards ........................ 1889, 1904, 1945, 1952, 2234

HB 1669--Chatham County; Hospital Authority,

appointment of members ............................... 1889, 1904

HB 1670--Kennesaw, City of; change corporate

limits ............................... 1889, 1904, 2221, 2226, 2391

HB 1671--Troup County; Elections and Registration Board,

create .................................... 2113, 2116, 2222, 2226

HB 1672--Catoosa County; Tax Commissioner,

compensation.. ....................... 2113, 2116, 2222, 2226, 2391

HB 1673--Santa Claus, City of;

incorporate .......................... 2114, 2117, 2222, 2226, 2391

HB 1674--Floyd County; Commissioners,

compensation......................... 2114, 2117, 2222, 2227, 2392

HB 1675--Peach County; governing authority, water

and sewer charges .................... 2114, 2117, 2222, 2227, 2392

HB 1676--Nelson, Town of; mayor and councilmen,

election.............................. 2114, 2117, 2222, 2227, 2392

HB 1677--Gilmer County; Water and Sewerage Authority,

create ............................... 2114, 2117, 2222, 2227, 2393

HB 1678--Rabun County; Sheriff and Deputies,

compensation ......................... 2114, 2117, 2222, 2227, 2393

HB 1679--Talbot County; Probate Court Judge, serve as

chief magistrate ...................... 2114, 2117, 2222, 2227, 2393

HB 1680--Echols County; Probate Court Judge, serve as

chief magistrate ...................... 2114, 2118, 2222, 2227, 2393

HB 1682--Upson County; Commissioners, election

districts ........................2114, 2118, 2383, 2386, 2642, 2970

HB 1683--Bacon County; Commissioners, election

districts ....................... .2115, 2118, 2383, 2386, 2643, 2968

HB 1685--Toombs County; Education Board, election

of members .......................... 2115, 2118, 2222, 2227, 2394

HB 1686--Blairsviile, City of;

reincorporate ......................... 2115, 2118, 2222, 2228, 2394

3030

INDEX

HB 1687--Camden County; homestead exemption, residents 60 years or over .............................................. 2115, 2118
HB 1688--Atlanta-Fulton County Recreation Authority; public works contracts, bond ........................... 2290, 2301

INDEX

3031

HOUSE RESOLUTIONS

HR 91--Sales Tax; one percent increase for education and transportation, exempt drugs, eyeglasses .................... ...... 289, 318, 371, 383, 425, 440, 733, 734, 1942
HR 156--School Climate Study Committee ................. No action in 1984 HR 182--Henggeler, Duane E.;
compensate .......................... 1584, 1589, 1801, 1824, 2211 HR 185--Revenue; homestead exemption disabled
veterans ......................... .691, 698, 1593, 1714, 1987, 2160 HR 210--Bridge; Rabun County, designate in honor of
Henry E. Dillard ...................... 311, 315, 405, 433, 654, 682 HR 211--Dietician, Registered; relating to use of title ........ No action in 1984 HR 248--Banking and Finance; Structure of Financial Institutions
Study Committee .......... 1359, 1364, 1803, 1824, 2404, 2444, 2627 HR 435--House of Representatives; notify Senate that House has convened . . 29 HR 436--General Assembly; notify governor that General Assembly
has convened................................................ 29 HR 438--General Assembly; joint session, State of the State and Budget
message by Governor. .................................. 37, 38, 61 HR 439--Supreme Court and Court of Appeals Justices; invited to joint
session of General Assembly ............................ 37, 38 HR 440--General Assembly; adjournment January 20 to January 30 .... 37, 38 HR 443--Medical Radiation Health and Safety
Study Committee .............. 399, 404, 812, 856, 1144, 1204, 1226 HR 444--Redevelopment Programs; local law, referendum
requirements ..................... .310, 315, 1705, 1813, 2248, 2304 HR 445--Snow, Peggy J.; compensate............ 1584, 1589, 1801, 1824, 2212 HR 446--DuVernois, Frances J., Ms.;
compensate .......................... 1584, 1590, 1801, 1824, 2213 HR 447--Amerson, J.C. and Lavada;
compensate .......................... 1584, 1590, 1801, 1824, 2214 HR 448--Governor's Judicial Process Review
Commission. ................ 106, 113, 1240, 1307, 1385, 1422, 1515 HR 449--Highways; designate State 139 in Cobb County
as Mableton Parkway .................. 280, 288, 405, 433, 654, 682 HR 451--Tracy, Phillip;
compensate .......................... 1584, 1590, 1802, 1824, 2215 HR 471--Appeals; federal criminal cases, urge Congress adopt
unified system............... 845, 850, 1805, 1824, 2656, 2697, 2968 HR 475--General Assembly; Joint Session, unveil portrait
of Richard A. Dent ................................... 69, 77, 160 HR 476--Property Conveyance; Tattnall County, transmission
line easement ................ 310, 315, 430, 652, 712, 751, 820, 832 HR 478--Property Conveyance; Chattanooga, Tennessee, to the
Lord Company .......... 358, 363, 430, 652, 712, 751, 820, 833, 1360 HR 482--Property Conveyance; Floyd County, Old
Farmers' Market ............. 358, 363, 430, 652, 712, 751, 820, 834 HR 487--Property Conveyance; Chattanooga, Tennessee, Amos and
Andy Buick............. 359, 363, 430, 652, 712, 751, 821, 835, 1360 HR 489--Bridge; Dry Branch, U.S. 80, designate in honor of
Hubert Floyd Epps .................... 280, 288, 405, 433, 654, 683

3032

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HR 504--Property Conveyance; City of Dalton, Depot Lot railroad property................. 691, 698, 814, 856, 1473, 1532, 1608, 1624
HR 505--Education; State School Superintendent appointed by State Board.......................... 1208, 1370, 1453, 1609, 1667
HR 522--MARTOC; Metropolitan Atlanta Rapid Transit Overview Committee, extend to 1986 ................ 359, 364, 747, 819, 863, 1064, 1104
HR 524--Atlanta, City of; W&A Railroad property, approval required before construction. ........... 311, 315, 430, 652, 713, 751, 821, 836
HR 533--O'Neal, Ronald Everett; regrets at passing ................. 195, 212 HR 541--Property Conveyance;
Bibb County ................ 739, 745, 1197, 1247, 1747, 1788, 2382 HR 542--General Assembly; adjournment repeal HR 440, providing
adjournment January 20 to January 30 .................... 230, 306 HR 543--Lucas, David; designate walkway over 1-75 in Macon
in honor. . ............. 807, 812, 1197, 1248, 1473, 1532, 1608, 1614 HR 544--Property Conveyance; Meriwether County to Provident
Broadcasting Company ..................... 359, 364, 430, 652 713, 752, 821, 838, 1351, 1397
HR 563--Agricultural Commodity Commissions; appreciation for certain produce .......................... 280, 293
HR 572--Property Conveyance; Henry County .................... 1359, 1364, 1706, 1813, 1987, 2152, 2379
HR 587--Property Conveyance; Rhodes Hall, Atlanta, rental agreement for Archives ................... .1186, 1194, 1706, 1813, 2247, 2258
HR 588--Property Conveyance; Graysville, Catoosa County ................. 1232, 1236, 1373, 1453, 1747, 1762
HR 589--Ad Valorem Tax; agricultural property with preferential tax assessment, estate heirs, citizenship. ............... 1583, 1588, 1944,
1953, 2405, 2613, 2970 HR 590--Property Conveyance;
Sumter County. ...... 1111, 1119, 1197, 1248, 1318, 1385, 1418, 1515 HR 592--DeKalb Junior College; acquisition by University System, subject
to funding ...................... 1232, 1236, 2383, 2386, 2656, 2719 HR 621--Property Conveyance; Washington
County................... 1111, 1119, 1373, 1453, 1841, 1850, 2379 HR 623--Mental Health and Mental Retardation Division; joint committee to
study separation ........... 1515, 1521, 2384, 2386, 2656, 2739, 2977 HR 625--Property Conveyance; City of Millen, in
Jenkins County. . .......... 1187, 1194, 1373, 1453, 1841, 1851, 2164 HR 631--American Heart Association; DeKalb County, State owned land,
repeal 1982 resolution ............ 1111, 1119, 1197, 1248, 1608, 1629 HR 642--Property Conveyance; City of Swainsboro from Transportation
Department..................... 1232, 1236, 1373, 1453, 1747, 1779 HR 643--Property Conveyance;
Wilcox County ............ 1111, 1119, 1373, 1453, 1609, 1669, 1796 HR 644--State Employees, Part-Time; joint committee to study policy for
retirement benefits ......... 1563, 1588, 1705, 1813, 2249, 2338, 2625 HR 645--Property Conveyance; Cobb County land from Transportation
Department to Board of Regents.................. 1359, 1365, 1706, 1814, 2405, 2607
HR 650--Agriculture; pesticide product labels, U.S. E.P.A. urged to require production month-year ........... 1232, 1236, 1368, 1454, 2774, 2787
HR 652--Agriculture; Federal Unemployment Tax, urge congress to exempt parttime, farm labor................. 1698, 1703, 1804, 1825, 2405, 2552

INDEX

3033

HR 653--Ahearn, Grace E.; compensate .......................... 1584, 1590, 1802, 1825, 2216
HR 655--Highways; designate State 230, Dooly County, as South Oaks Road ............. 1290, 1295, 1595, 1714, 1987, 2158
HR 664--CrownAmerica, Inc.; recognizing 100th anniversary....................................... 845, 862
HR 675--Social Services; aid to dependent children, committee to study standard of need .......... 1434, 1440, 1804, 1825, 1987, 2180, 2625
HR 695--Bridge; Elbert County, State Highway 72, designate for Peyton S. Hawes ................ 1583, 1588, 1946, 1948, 2248, 2280
HR 696--Highways; designate 1-75 for Lawrence McDonald, Corridor Z highway Columbus to Brunswick as Sun Belt Parkway .... 1583, 1588, 1946, 1948, 2773, 2797, 2947, 2952
HR 704--American Legion Post 30 Baseball Team; commend ....... 1111, 1134 HR 706--World Congress Center; ballroom, designate in honor of
Thomas B. Murphy .............. 1564, 1588, 1803, 1825, 1987, 2159 HR 708--Hospital Care for Indigent Study Committee,
joint ..................... 1582, 1588, 2222, 2228, 2404, 2520, 2627 HR 710--World Congress Center; auditorium designated in honor of
Sidney J. Marcus ................ 1359, 1365, 1803, 1825, 2405, 2551 HR 713--Bridge; Atkinson County, U.S. Highway 441 designate for
Ensign Ashley D. Morris ......... 1583, 1589, 1946, 1949, 2405, 2615 HR 715--Farm Bureau Day, Georgia; designate
February 14, 1984 .................... 1232, 1237, 1369, 1454, 1556 HR 733--Community Improvement Districts; counties or
municipalities ............. 1565, 1589, 1946, 1949, 2656, 2725, 2969 HR 734--DeKalb County; Recorder's and Magistrate Court
Study Committee ................ 1435, 1445, 2383, 2387, 2648, 2969 HR 741--Highways; designate 275, Effingham County, as
Ebenezer Church Road ........... 1583, 1589, 1946, 1949, 2248, 2307 HR 745--Bacon, Louis A.; commend............................. 1359, 1384 HR 749--Tax District at Atlanta International Airport; study committee,
joint ........................... 1582, 1589, 1704, 1814, 2247, 2264 HR 754--Restaurants; urged to designate, post sign for
nonsmoking area ................ 1434, 1440, 1524, 1606, 1842, 1916 HR 759--Agriculture; urge congressional support for program introduced
by Sam Nunn .................. 1581, 1589, 1703, 1814, 2249, 2360 HR 780--Farmers; congressional delegation urged to recognize
problems ....................... 1701, 1703, 1944, 1949, 2656, 2719 HR 794--General Assembly; rules governing joint sessions,
adopt ............................... 2219, 2221, 2384, 2653, 2654 HR 800--Green, Jack Powell; appreciation for dedicated service to
General Assembly .................................... 1797, 1840 HR 829--General Assembly; adjournment February 23 to
February 27 ............................. 2000, 2004, 2373, 2619 HR 866--Federal Government; urged to stop military and industrial equipment
sales to Soviet Union............................. 2623, 2651, 2654 HR 966--General Assembly; adjournment sine die
February 29 .............................. 2941, 2942, 2948, 2978

3034

INDEX

PART III

ALPHABETICAL INDEX

Abuse; disabled adults, reporting and penalty provisions .................. SB 374 Acree, Pamela; nurse for General Assembly ............................ Page 18 Ad Valorem Tax; agricultural property with preferential assessment,
classification, covenant provisions.................................. HB 989 Ad Valorem Tax; agricultural property with preferential tax assessment,
estate heirs, citizenship .......................................... HR 589 Ad Valorem Tax; also SEE Revenue. Ad Valorem Tax; appeals to county equalization board,
time for filing .................................................. HB 957 Ad Valorem Tax; Constitutional changes, exemptions continued ......... HB 1169 Ad Valorem Tax; county taxation for development authority,
remove millage limit ........................................... SB 549 Ad Valorem Tax; equalization of county digests, procedures .............. SB 142 Ad Valorem Tax; freeport, inventories of property,
exemption applications, time for filing ............................ HB 1023 Ad Valorem Tax; homestead exemption filed one time .................. HB 1166 Ad Valorem Tax; mentally handicapped, nonprofit homes exempt......... HB 1475 Ad Valorem Tax; motor vehicle license plates, time for payment .......... SB 397 Ad Valorem Tax; motor vehicles transporting handicapped exempt......... SB 378 Ad Valorem Tax; municipal taxation for development authorities,
remove millage limitation ........................................ SB 548 Ad Valorem Tax; parent-teacher organization property exempt .......... HB 1122 Ad Valorem Tax; parent-teacher organization property exempt ............ SB 441 Ad Valorem Tax; public property conveyed to private owner,
procedures ..................................................... SB 534 Ad Valorem Tax; return filed by unauthorized person unlawful............ SB 166 Ad Valorem Tax; tax collectors, time for payments to county ............ HB 1187 Ad Valorem Tax; vocational-technical schools,
grants for tax relief ............................................. SB 436 Adjournment, General Assembly; January 20 to January 30 .............. HR 440 Adjournment, General Assembly; repeal HR 440,
providing adjournment January 20 to January 30 ................... HR 542 Adjournment, General Assembly; February 3 to February 6 .............. SR 361 Adjournment, General Assembly; February 15 to 20..................... SR 420 Adjournment, General Assembly; February 23 to February 27 ............ HR 829 Adjournment, General Assembly; sine die February 29 ................... HR 966 Administrative Procedure Act;
Education Department and University System included............... HB 327 Administrative Procedure Act; state agencies reduce impact
of regulations on small business................................... HB 883 Administrative Procedure; Natural Resources,
Environmental Protection Division, duties . . . .......... ....... SB 420
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INDEX

3035

Administrative Services Department; executive branch requisitions, consecutively numbered .......................................... HB 698
Administrative Services Department; interagency motor pools, vehicle maintenance............................................. HB 451
Administrative Services Department; Personnel Division director removed from classified service ........................... HB 1249
Administrative Services Department; prompt payment of bills owed ........ HB 886 Administrative Services Department; purchasing procedures
apply to Legislative Branch ...................................... SB 519 Administrative Services Department; purchasing,
preference to Georgia vendors ................................... HB 1067 Administrative Services Department; surplus state property
monthly report not required ...................................... HB 414 Administrators; also SEE Wills. Administrators, Executors; bond requirements.......................... HB 1011 Administrators, Executors; publication requirements .................... HB 1078 Adopted Persons; born in foreign country, birth certificates .............. HB 1003 Adoption Records; Human Resources Department
access to records ............................................... HB 309 Adoption Records; Human Resources Department
access without court order ....................................... SB 291 Adrian, City of; incorporate......................................... HB 1563 Adults, Disabled; reporting of need for protective services ................ SB 374 Aged; SEE Elderly. Agricultural Commodity Commissions; appreciation for certain produce .... HR 563 Agriculture Department, U.S.; urged to withdraw proposed
milk price reduction............................................. SR 178 Agriculture; Agrirama Development Authority, membership ............. HB 1569 Agriculture; birds, exotic and pet, regulations,
import permits ................................................ HB 1048 Agriculture; Commissioner, vacancy in office, provisions .................. SB 498 Agriculture; Farm Bureau Day, designate February 14...................HR715 Agriculture; farm product sales, security interest ......................... HB 88 Agriculture; farm wineries, redefine, licensing.......................... HB 1473 Agriculture; Federal Unemployment Tax,
urge Congress to exempt part-time farm labor ...................... HR 652 Agriculture; irrigation systems, anti-syphon devices ...................... HB 541 Agriculture; Pest Control Compact, enact ............................. HB 1047 Agriculture; pest control licenses,
suspended for use of controlled substances......................... HB 1294 Agriculture; pesticide product labels, U.S. E.P.A.
urged to require production month-year ............................ HR 650 Agriculture; property with preferential tax assessment,
classification, covenant provisions.................................. HB 989 Agriculture; property with preferential tax assessment,
estate heirs, citizenship .......................................... HR 589 Agriculture; three-wheeled motorcycles exempt from licensing ............ HB 1209 Agriculture; urge congress to recognize farmers' problems ................ HR 780 Agriculture; urge congressional support for program
introduced by Sam Nunn ........................................ HR 759 Agriculture; Vidalia onions, provisions for unlawful labeling .............. SB 209
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3036

INDEX

Agrirama Development Authority; membership ........................ HB 1569 Ahearn, Grace E.; compensate........................................ HR 653 Aid to Families with Dependent Children, AFDC; joint committee
to study standard of need ........................................ HR 675 Alcoholic Beverages; Bibb County,
sales authorized during certain hours .............................. HB 828 Alcoholic Beverages; correctional institutions,
inmate possession, felony......................................... SB 448 Alcoholic Beverages; distilled spirits, limit number retail
licenses issued .................................................. HB 358 Alcoholic Beverages; distilled spirits, regulate distribution,
registration .................................................... SB 290 Alcoholic Beverages; drinking age, raise to 21 years ....................... SB 4 Alcoholic Beverages; election day sales, change provisions ................ SB 483 Alcoholic Beverages; farm wineries, redefine, licensing .................. HB 1473 Alcoholic Beverages; Glynn County, Sunday sales ....................... SB 235 Alcoholic Beverages; malt beverage in metal container,
detachable top, sales unlawful .................................... SB 373 Alcoholic Beverages; malt beverages, amount possessed without
payment of tax, identification on containers......................... SB 387 Alcoholic Beverages; Problem Drinker and
Highway Safety Study Committee ................................ SR 362 Alcoholic Beverages; redefine wine and malt beverage.................... SB 478 Alcoholic Beverages; sales on a two-for-one basis, prohibit ................ SB 216 Alcoholic Beverages; sales to intoxicated persons,
breath analysis machines required in taverns........................ SB 243 Alcoholic Beverages; sales to minors, parent's right of action
against person selling............................................ SB 339 Alcoholic Beverages; Sunday sales in stadiums,
seating capacity, certain counties.................................. SB 469 Alcoholic Beverages; Sunday sales lawful by local ordinance
after referendum .............................................. SB 390 Alcoholic Beverages; traffic accidents, DUI information requested
from Highway Safety Office...................................... SR 363 Alcoholics; hospitalization and treatment, records released
under court order............................................... SB 455 Alderman, A. F.; commend .......................................... SR 308 Aliens; Employment Security Law, extend exclusion provisions ........... HB 1171 Aliens; identification card in lieu of driver's license
use passport number ........................................... HB 1278 Alimony; also SEE Domestic Relations. Alimony; continuing jurisdiction of court............................... SB 240 Alimony; modification or revision of judgment,
procedures ..................................................... HB 980 Alien, George G.; commend .......................................... SR 295 Allgood, Senator Tom; excused due to illness ......................... Page 1250 Allgood, Senator Tom; excused from voting ........................... Page 352 Alpharetta, City of; bids on contracts, requirements .................... HB 1381 Alpharetta, City of; mayor and council, compensation................... HB 1382 Alpharetta, City of; Municipal Court Judge,
compensation ................................................. HB 1383
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INDEX

3037

Amateur Radio Operators; special license plates. ........................ SB 538 Ambulance Drivers; licensing requirements ............................. SB 345 American Heart Association; DeKalb County,
State owned land, repeal 1982 resolution ........................... HR 631 American Legion Post 30 Baseball Team; commend ..................... HR 704 Amerson, J.C. and Lavada; compensate ................................ HR 447 Amusement Rides; safety inspection ................................... SB 205 Anatomical Gift Act; heart pacemakers, provisions ..................... HB 1058 Anderson, Paul; commend ........................................... SR 346 Anderson, Robert L.; Transportation Department urged to name bridge
in Towns County in honor ....................................... SR 445 Animals; abandoned in veterinarians' care, procedures ................... SB 440 Animals; birds, exotic and pet, regulations, import permits.............. HB 1048 Animals; causing injury, owners' liability............................... SB 224 Animals; equine sales, bond requirements ............................. SB 375 Animals; police dogs and handlers, certification and regulation ............ SB 356 Animals; rabies control, requirements of person bitten.................... SB 258 Animals; trapping, regulations ........................................ SB 523 Animals; veterinary technician, certification. ........................... HB 1232 Annexation; municipal corporations, limitation by Marietta ............... SB 446 Antifreeze Sales; gasoline marketing practices, no refiner,
manufacturer operate retail station ................................ SB 367 Antitrust Liability; local governments, immunity ....................... HB 1317 Appeals; confinement provisions after conviction.......................... SB 66 Appeals; criminal cases, supersedeas bond provisions ..................... SB 432 Appeals; delete certain judgments deemed directly appealable,
filing of applications ............................................ HB 877 Appeals; dispossessory proceedings, court clerk notify trial judge
of appeal notice ............................................... HB 1111 Appeals; federal criminal cases, urge Congress adopt unified system........ HR 471 Appeals; Magistrate Court, provisions ................................. HB 986 Appeals; new trial motions, criminal cases, supersedeas bonds ............. SB 433 Appeals; Probate Courts, to Court of Appeals or Supreme Court .......... SB 330 Appling County; Commissioners, composition of board ................... HB 616
Appointments by Governor........................ Pages 1134, 2130, 2619, 2658 Adams, C. Jerome ..................................... Pages 1136, 2134 Addis, Paul T. ........................................ Pages 1135, 2133 Alexander, Ella ....................................... Pages 1135, 2133 Anderson, John Henry, Jr. ......................... Pages 1138, 2131, 2137 Autry, J. E. (Jimmy), Jr. ............................... Pages 1138, 2136 Barnett, James E. ..................................... Pages 1138, 2137 Barton, William Y. .................................... Pages 1136, 2135 Bell, Donovan B. ...................................... Pages 1139, 2138 Bishop, Brice W. ...................................... Pages 1135, 2133 Blake, Betty C.. ....................................... Pages 1137, 2136 Branyon, Donald L., Jr. ................................ Pages 1137, 2136 Bray, J. C. ........................................... Pages 1135, 2133 Brook, Arthur D. ...................................... Pages 1135, 2133 Buckler, Robert H. .................................... Pages 1135, 2134 Burkett, Norman D. ................................... Pages 1136, 2134 Campbell, Janet F. .................................... Pages 1137, 2136
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3038

INDEX

Appointments by Governor (Continued): Campbell, T. Joseph ................................... Pages 1138, 2137 Cantrell, Bernadine B.............................. Pages 1135, 2130, 2133 Carr, W. Pitts ........................................ Pages 1138, 2137 Carter, G. Robert ..................................... Pages 1137, 2136 Caswell, James M., Jr. ................................. Pages 1138, 2137 Clark, Larry L. ....................................... Pages 1139, 2138 Collins, Marcus E., Sr. ................................. Pages 1139, 2138 Cordy, Thomas ........................................ Pages 1136, 2135 Cousins, A. Lucian .................................... Pages 1136, 2134 Cross, John W.. ....................................... Pages 1136, 2134 Curry, Ann Q. ........................................ Pages 1135, 2134 Davis, Henry Gordon, Jr. ............................... Pages 1136, 2134 Davis, Victor B. ....................................... Pages 1138, 2136 Davis, W. Lamar ...................................... Pages 1136, 2135 Dawson, Harold A. .................................... Pages 1138, 2137 Dean, Bob W. ........................................ Pages 1135, 2133 Dixon, Sammie D. ..................................... Pages 1136, 2134 Dryden, Marymal M. .................................. Pages 1135, 2134 Dyar, Julia T.......................................... Pages 1137, 2136 Eaton, S. Boyd ........................................ Pages 1136, 2134 Edwards, Andrew M. .................................. Pages 1134, 2132 Evans, Alvin M., Sr. ................................... Pages 1136, 2134 Fitzgerald, Isaac....................................... Pages 1136, 2134 Flournoy, Jerri G. ..................................... Pages 1136, 2134 Flowers, Runnette ..................................... Pages 1137, 2136 Foskey, Gerald ........................................ Pages 1139, 2138 Frenkel, Nancy L. ..................................... Pages 1134, 2132 Fulks, Gerald N. ...................................... Pages 1136, 2134 Fuller, Pamela Pryor ................................... Pages 2619, 2660 Garner, Thomas E., Jr.................................. Pages 1136, 2134 Gaston, William J., Jr. ................................. Pages 1136, 2135 Gay, John ............................................ Pages 1135, 2133 Gershon, Ruth H. ..................................... Pages 1136, 2134 Gignilliat, Arthur M., Jr. .......................... Pages 1138, 2131, 2137 Gillis, Jim L., Jr. ...................................... Pages 1136, 2134 Glover, Letitia ........................................ Pages 1136, 2134 Gonzalez, Rebecca ..................................... Pages 1135, 2134 Gordon, Charles L. .................................... Pages 1137, 2136 Green, Barbara B. ..................................... Pages 1135, 2133 Greene, Joseph D. ................................ Pages 1138, 2131, 2138 Griffin, James, Jr. ..................................... Pages 1137, 2136 Grindler, R. Alex ...................................... Pages 1136, 2135 Hanenkrat, Judy ...................................... Pages 1135, 2133 Harper, Virgil B., Jr. .................................. Pages 1135, 2133 Harrell, Edward J...................................... Pages 1136, 2135 Harrell, W. D. ........................................ Pages 2619, 2660 Harrison, James C. .................................... Pages 1138, 2137 Henderson, Cornelius, L. ............................... Pages 1136, 2134 Henry, Waights G., Jr. ................................. Pages 1138, 2137 Herrin, Will D. ....................................... Pages 1137, 2136
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INDEX

3039

Appointments by Governor (Continued): Hibble, Walter L. ..................................... Pages 1135, 2133 Holland, Roy H. ...................................... Pages 1134, 2133 Hudson, Charles D. .................................... Pages 1137, 2136 Husband, J. D......................................... Pages 1134, 2133 Hutchings, Bettye O.................................... Pages 1138, 2137 Jasper, Kathryn Pitts. ............................. Pages 1135, 2130, 2133 Jones, Thomas F....................................... Pages 1135, 2134 Kinard, Robert W.. .................................... Pages 1137, 2135 Kuhlke, William B., Jr. ................................ Pages 1136, 2135 Kunian, Donald L...................................... Pages 1136, 2135 Lance, William R., Jr. ................................. Pages 1138, 2137 Lane, Bensonetta T..................................... Pages 1135, 2134 Lee, Roy D. ......................................... Pages 1138, 2136 Mahany, H. Michael................................... Pages 1135, 2134 Mathews, George W., Jr. ............................... Pages 1137, 2135 May, Lynne M. ....................................... Pages 1136, 2134 McCuen, William P. ................................... Pages 1135, 2133 McDevitt, Michael J. .................................. Pages 1135, 2133 McMullan, Johanna S. ................................. Pages 1136, 2134 Merica, Stanley H. .................................... Pages 1135, 2133 Mertl, Claudia ....................................... Pages 1138, 2137 Meyer, Bernese Crafton ................................ Pages 1136, 2135 Mitchell-Tibbs, Marlene P............................... Pages 1137, 2136 Mixon, Eunice L....................................... Pages 1138, 2137 Mobley, Commodore T., Jr. ............................. Pages 1136, 2134 Morgan, J. Stanley, Jr. ................................. Pages 1136, 2134 Nicholson, Jerry F. .................................... Pages 1138, 2137 Owens, Richard C. ............................... Pages 1135, 2130, 2133 Parrish, Roy E., Jr. .................................... Pages 1138, 2137 Payne, Thomas C. ..................................... Pages 1135, 2133 Perkins, Julia L........................................ Pages 1137, 2136 Rhodes, Edgar L.................................. Pages 1138, 2131, 2138 Rhodes, Franklin ...................................... Pages 1135, 2133 Rinker, Geraldine. ..................................... Pages 1136, 2134 Roberts, Priscilla D. ................................... Pages 1135, 2134 Robinson, John W., Jr. ................................. Pages 1137, 2136 Ryman, Mary M. ..................................... Pages 1136, 2135 Schwartz, Tobiane ..................................... Pages 1135, 2134 Shaw, Frank R. ....................................... Pages 1136, 2134 Shead, Arvis E., Sr.. ................................... Pages 1135, 2133 Simpson, Robert, III ................................... Pages 1135, 2134 Sims, Calhoun ........................................ Pages 1136, 2134 Skelton, W. Douglas ................................... Pages 1136, 2134 Smith, Deen Day ...................................... Pages 1136, 2135 Smith, Harold L. ...................................... Pages 1136, 2135 Smith, James F................................... Pages 1135, 2130, 2134 Snow, James S. ....................................... Pages 1136, 2134 Snow, Wayne, Jr.. ..................................... Pages 1138, 2137 Sparlin, Eugene E...................................... Pages 1135, 2133 Staley, Irving T........................................ Pages 1137, 2135
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3040

INDEX

Appointments by Governor (Continued): Startari-Lury, Betsy. ................................... Pages 1136, 2134 Stephens, Riley T. ..................................... Pages 1135, 2133 Storm, Charles E. ..................................... Pages 1139, 2138 Strickland, Winston .................................... Pages 1134, 2133 Sutherland, J. Eugene .................................. Pages 1136, 2135 Taylor, Glenn E. ...................................... Pages 1137, 2136 Taylor, John M................................... Pages 1135, 2130, 2134 Toles, C. Max ........................................ Pages 1137, 2135 Townsend, Lucille S. ................................... Pages 1138, 2137 Turk, L. Newton, III. .................................. Pages 1137, 2136 Vann, Laura S. ....................................... Pages 1136, 2135 Vinci, Joseph L. ....................................... Pages 1137, 2135 Ward, Jackie M. ................................. Pages 1138, 2131, 2138 Welborn, Samuel M.................................... Pages 1136, 2134 Whatley, Edwin L. .................................... Pages 1135, 2133 Wheeler, Susie W...................................... Pages 1138, 2137 Wilson, Lucille B. ..................................... Pages 1137, 2136 Wise, P. J. ........................................... Pages 1135, 2133 Woodruff, George C., Jr. ............................... Pages 1136, 2135
Appropriations; Legislative Branch, line item budget..................... SR 318 Appropriations; Legislative Branch, line item funding required ............ SB 381 Appropriations; Legislative Branch, Senate favors line item budget. ........ SR 316 Appropriations; State government, general,
July 1, 1984 to June 30, 1985 ................................... HB 1045 Appropriations; State government, supplemental to June 30, 1984 ......... HB 965 Appropriations; teachers, classifications for salary increases ............... HB 959 Architects Board; renamed, qualifications of applicants for exam. ......... HB 1103 Architects; certification provisions ..................................... SB 535 Architects; contracts with State for services ........................... HB 1326 Archives Department; Rhodes Hall, rental agreement,
Historic Preservation Trust....................................... HR 587 Area Planning and Development Advisory Committee; create ............. HB 907 Area Planning and Development Commission, Metropolitan;
membership................................................... HB 790 Armed Robbery Sentence; inmates, earned time allowance prohibited ...... HB 206 Arrest Without a Warrant; shoplifting suspect,
certain cases ................................................... HB 967 Arrests; uniform violation citations for certain offenses .................... SB 99 Art Museum, Georgia; encourage contributions
for new building................................................ SR 276 Arts, Georgia Citizens for; commend .................................. SR 381 Askew, Reuben; former Florida Governor, introduced,
remarks ..................................................... Page 1085 Athens, City of; fees for municipal services,
limit charges ................................................... HB 298 Athletics; 1984 U.S.A. Olympic Team and Games,
relative to .................................................... SR 372 Atlanta International Airport; tax district,
feasibility Study Committee, joint............... ............... HR 749 Atlanta International Marketplace; recognize ........................... SR 456
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INDEX

3041

Atlanta Judicial Circuit; additional judge ............................. HB 1131 Atlanta-Buckhead Elks Lodge No. 78; commend ........................ SR 348 Atlanta-Fulton County Recreation Authority;
public works contracts, bond .................................... HB 1688 Atlanta, City of; Cabbagetown Historic District,
ad valorem tax exemption....................................... HB 1664 Atlanta, City of; Fulton County library system,
board of trustees, membership ................................... HB 1324 Atlanta, City of; W&A Railroad property,
approval required before construction .............................. HR 524 Attorney General; assistant representing criminal defendant,
conflict of interest ............................................. HB 1494 Attorney General; habeas corpus proceedings, felony inmate,
notice to district attorney if no appeal ............................ HB 1108 Attorney General; local governments consult on actions
reviewed by Justice Department under Voting Rights Act ........... HB 1418 Attorney General; provide counsel for sheriffs,
certain cases ................................................... SB 43 Attorney General; Superior Court Judges,
District Attorneys, compensation ................................. HB 1150 Attorneys; appointed to defend indigents, action for damages prohibited HB 390 Attorneys; employed by state or local government assist
district attorneys in cases ........................................ SB 443 Attorneys; fees, suits against State, urge Congress
to limit awards allowed.......................................... SR 342 Auctioneers Commission; change termination date ....................... HB 914 Auctioneers Commission; membership, licensing requirements
for sale of real estate ........................................... HB 884 Audits Department; executive branch requisitions
consecutively numbered .......................................... HB 698 Audits of Local Government Budgets; requirements...................... HB 871 Augusta Preparatory School; commend ................................ SR 421 Augusta-Richmond County; commissioners board,
composition .................................................... SB 227 Augusta, City of; change corporate limits .............................. SB 234 Augusta, City of; Council abolish certain offices,
change election provisions ........................................ HB 533 Austell, City of; revenue bonds for gas-generating
and distributing systems ......................................... SB 553 Auto Repair Industry Study Committee; create ......................... SR 298 Automobile Association Services Act; licensing for clubs ................. SB 531 Automobile Manufacturer; position of Senate relating
to Motor Vehicle Franchise Practices .............................. SR 477

B
Bacon County; Commissioners, election districts ........................ HB 1683 Bacon County; State Court, create ................................... HB 1601 Bacon, Louis A.; commend........................................... HR 745
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3042

INDEX

Bad Checks; change penalties for issuance ............................. SB 139 Bad Checks; notice to accused,
liability provisions .............................................. SB 485 Bad Checks; service charge for issuance .............................. HB 1197 Bail; also SEE Bond. Bail; appeals, criminal cases,
supersedeas bonds .............................................. SB 432 Bail; new trial motion, criminal cases,
supersedeas bonds .............................................. SB 433 Bail; schedule, judges establish,
certain courts .................................................. HB 950 Bailiffs, Courts; compensation ....................................... HB 1314 Baker County; Education Board,
compensation ................................................. HB 1438 Baldwin County; Commissioners,
election districts ............................................... SB 385 Baldwin County; Commissioners,
election districts ............................................... SB 563 Baldwin County; interest rate on unpaid ad valorem taxes ................ SB 35 Baldwin County; State Court Judge and Solicitor,
compensation .................................................. SB 502 Banking and Finance; abandoned, unclaimed property or funds,
reporting provisions ............................................. SB 445 Banking and Finance; advertising in contractual relationships ............. SB 100 Banking and Finance; bad checks, liability,
notice to accused ............................................... SB 485 Banking and Finance; bad checks, service charges ...................... HB 1197 Banking and Finance; Credit Union Deposit Insurance Corporation,
membership, powers and duties .................................. HB 1160 Banking and Finance; interest on unpaid interest allowed,
certain real estate loans ........................................ SB 547 Banking and Finance; Mortgage Banking Industry
Study Committee ............................................... SR 285 Banking and Finance; regional interstate banking,
regulations................................................... HB 1198 Banking and Finance; revise code, receivership, redefine "savings
and loan associations" .......................................... HB 1149 Banking and Finance; securities,
change regulations ............................................. HB 1164 Banking and Finance; Structure of Financial Institutions
Study Committee ............................................... HR 248 Banking and Finance; Structure of Financial Institutions
Study Committee ............................................... SR 155 Barnard, Doug; Congressman, introduced, remarks ...................... Page 77 Barrow County; Commissioners, chairman,
compensation ................................................. HB 1571 Bates, Glenda; commending .......................................... SR 377 Beer; SEE Alcoholic Beverages. Behavioral Science; regulate practitioners ............................... SB 93 Ben Hill County; Commissioners, election ............................. HB 1463
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INDEX

3043

Berger, Lee Rodgers; State President, 4-H Clubs, introduced, remarks ............................................ Page 267
Berrien County; Commissioners, change number ....................... HB 1633 Berrien County; Superior Court Clerk,
compensation .................................................. HB 1483 Beverages; metal container with detachable
top unlawful ............................................. SB 373 Bibb County; alcoholic beverage sales,
authorize during certain hours .................................... HB 828 Bibb County; Civil Court, jurisdiction ................................ SB 521 Bibb County; Civil Court, repeal certain Act,
judge emeritus compensation retained............'.................. HB 481 Bibb County; Commissioners, repeal certain Act,
civil court judge emeritus compensation retained .................... HB 480 Bibb County; property conveyance in Macon ........................... HR 541 Bicycles; highway repairs, grates accommodate.......................... SB 222 Bids, Competitive; required of State or
nonprofit agencies purchasing meals ................................ HB 87 Bingo Games; counties, municipalities adopt
ordinances to operate........................................... SB 261 Birds, Exotic and Pet; regulations,
import permits ................................................ HB 1048 Birth Certificates; adopted persons born
in foreign country ............................................. HB 1003 Black Achievers Awards; commend 1984 recipients ...................... SR 364 Blairsville, City of; reincorporate ..................................... HB 1686 Blanchard, Mercer Carter; regrets at passing ........................... SR 368 Bleckley County; Commissioner, compensation ......................... HB 1288 Bleckley County; Probate Court Judge,
compensation ................................................. HB 1255 Bleckley County; Sheriff, compensation ............................... HB 1256 Bleckley County; Superior Court Clerk,
compensation ................................................. HB 1287 Bleckley County; Tax Commissioner,
compensation ................................................. HB 1257 Blind Industries; Human Resources
provide facilities ............................................... HB 1008 Blitch, Iris Faircloth; recognize ....................................... SR 270 Blood Donors; patients in hospitals
allowed to provide ............................................. SB 453 Boating Regulations; state parks,
certain lakes ................................................... SB 174 Boating Safety Zone; establish at
Richard B. Russell Dam......................................... SB 451 Boats, Racing; flotation devices not required ............................ HB 531 Boiler and Pressure Vessel Safety Act;
enact .........................................................HB 864 Bond; also SEE Bail. Bond; appeal, certain convicted felons ................................. SB 108 Booth, William H.; sympathy at passing ............................... SR 440
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3044

INDEX

Botanical Garden, University of Georgia; designated as State Botanical Garden.............................. SR 277
Bowen, Eula; Nonie Smith, Mrs. H.H. Timmerman, and Mattie Turner; commend .................................... SR 337
Boxing Commission, State; change certain provisions.................... HB 1293 Bradley, Jack; commend .............................................. SR 404 Brantley County; Officials, change compensation ........................ SB 310 Brantley County; Sheriff, change compensation ......................... SB 311 Breast Cancer; information pamphlet,
informed consent provisions ....................................... HB 49 Bridge; Atkinson County, U.S. Highway 441
designate for Ensign Ashley D. Morris............................. HR 713 Bridge; Dry Branch, U.S. 80, designate in honor
of Hubert Floyd Epps .......................................... HR 489 Bridge; Elbert County, State Highway 72,
designate for Peyton S. Hawes ................................... HR 695 Bridge; Hawkinsville, over Ocmulgee River,
designate in honor of Roger H. Lawson ............................. SR 42 Bridge; Jasper County, urge commissioners designate
in honor of Ezell S. Goolsby .................................... SR 399 Bridge; Rabun County, designate in honor of
Henry E. Dillard ............................................... HR 210 Bridge; Towns County, urge Transportation to name
for Robert L. Anderson ......................................... SR 445 Brinson, Wendell; commend .......................................... SR 433 Brooks County; Commissioners, reconstitute board...................... HB 1348 Brooks County; Education Board, reapportionment ..................... HB 1350 Brooks County; Superior Court Clerk,
compensation ................................................. HB 1349 Broun, Senator Paul; excused, sister's funeral ......................... Page 340 Brunswick-Glynn County Charter Commission;
extend time ................................................... HB 1641 Brunswick, City of; election date,
advertising of ordinances........................................ HB 1491 Bryan County; High School Lady 'Skins
Softball Team, commend ........................................ SR 335 Bryan County; Magistrate Court, provide ............................. HB 1454 Bryant, Senator Glenn; excused from voting ...................... Pages 158, 352 Budget Act; Legislative Branch,
funding by line item required................................... SB 381 Budget Estimates, General Assembly;
Legislative Services Committee, powers and duties................... HB 900 Budget; also SEE Appropriations. Buildings; also SEE Housing. Buildings; amusement rides, safety inspection ........................... SB 205 Buildings; elevators, escalators, safety requirements ...................... HB 817 Buildings; fire safety codes, existing structures,
non-mandatory ................................................. HB 839 Buildings; public, access by handicapped persons,
revise Code .................................................... SB 297 Bulloch County; Commissioners, clerk, compensation.................... HB 1413
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INDEX

3045

Bulloch County; Probate Court Clerk, compensation .................... HB 1412 Bulloch County; School System,
proceeds of local sales tax ...................................... HB 1408 Bulloch County; Sheriff's deputies,
clerk, compensation ............................................ HB 1409
Bulloch County; Superior Court Clerk, employees, compensation ........................................ HB 1411
Bulloch County; Tax Commissioner's Assistants,
compensation ................................................. HB 1410 Burke County; Commissioners, compensation .......................... HB 1583
Burke County; Solicitor, expense allowance ........................... HB 1330 Burke, Sam F.; regrets at passing ..................................... SR 454 Burse, Luther; President, Fort Valley State College,
introduced, remarks ............................................ Page 187
Business Opportunities, Sale of; definitions, investment requirements, penalties ...................... HB 1135
Business Proprietor; coverage under workers' compensation ............... HB 894
Business; also SEE Commerce or Professions. Butts County; Magistrate Court, provisions ............................ HB 1655 Butts County; Superior Court Clerk, compensation ..................... HB 1469 Butts County; Treasurer, abolish office................................ HB 1375

Cabbagetown Historic District; capital improvements tax exempt ................................................... HB 1664
Cable Television Study Committee .................................... SR 424 Cable Television; requirements of landlord and tenants ................... SB 229 Cable Television; unauthorized interception
and reception unlawful .......................................... SB 532 Cairo, City of; extend corporate limits ............................... HB 1370 Caldwell, Horace G.; sympathy at passing. ............................. SR 373 Caldwell, Horace G.; sympathy at passing. ............................. SR 355 Caldwell, Sam, Commissioner of Labor;
urged to resign or take leave of absence ........................... SR 281 Calhoun County; Magistrate Court,
Probate Judge serve as chief .................................... SB 421 Calhoun County; Probate Judge,
continue as chief magistrate ...................................... SB 557 Camden County; homestead exemption,
residents 60 years or over ....................................... HB 1687 Camden County; homestead exemption,
residents 62 years and over ...................................... SB 561 Camilla, City of; mayor and councilman,
election ..................................................... HB 1331 Campaign and Financial Disclosure;
abolish commission, recreate as Ethics Commission .................. SB 228 Campaign and Financial Disclosure; also SEE Elections.
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3046

INDEX

Campaign and Financial Disclosure; certain reports filed with election superintendent.................................. HB 960
Campaign and Financial Disclosure; contributions and expenditures, lawful uses .......................... SB 79
Campaign and Financial Disclosure; filing requirements, per diem for Commission members................................ SB 248
Campus Policemen; definition relating to DeKalb-Fulton Counties ......... SB 537 Campus Policemen; redefine campus.................................. HB 1472 Campus Policemen; witness fees when subpoenaed ................. HB 1215 Cancer, Breast; Medical Examiners Board distribute pamphlet,
informed consent provisions ....................................... HB 49 Candidates; also SEE Elections. Candidates; qualifications, elections, hearing officer ...................... SB 326 Candler County; Magistrate Court, provide for chief. ................... HB 1635 Candler, Scott, Jr.; commend......................................... SR 473 Capitol Press Corps Women; commend ................................ SR 455 Cardiopulmonary Resuscitation;
school districts urged to teach .................................... SR 294 Carpet Manufactured in Georgia;
State agencies urged to utilize .................................... SR 450 Carr, Tom C.;
elected to State Transportation Board .................. Pages 209, 210, 211 Carroll County; Coroner, compensation .............................. SB 500 Carroll County; Magistrate Court, provisions .......................... HB 1667 Carswell, Porter Wilkins; commend ................................... SR 453 Castronis, Mike; commend ........................................... SR 414 Catoosa County; Commissioner, compensation ........................ HB 1465 Catoosa County; homestead exemption,
residents 62 years or over ....................................... HB 1620 Catoosa County; property conveyance,
Graysville Methodist Church ..................................... HR 588 Catoosa County; Superior Court Clerk,
assistants, salary............................................... HB 1521 Catoosa County; Tax Commissioner,
compensation ................................................. HB 1672 Catoosa County; Utilities Commissioners,
extend jurisdiction ............................................. HB 1639 Cave, Leon O'Neal; commend ....................................... SR 379 Cedartown, City of; homestead exemption,
residents 65 years or older ....................................... SB 558 Chambers, Evelyn; commend ......................................... SR 442
Chaplains of the Day: Barnett, George C. ........................................... Page 1133 Baxter, Paul .................................................. Page 820 Bennett, Robert Nick ......................................... Page 1744 Boland, Kevin ................................................. Page 87 Brown, John L. ............................................... Page 862 Brown, Thomas Louis .......................................... Page 183 Clark, James A. .............................................. Page 1986 Dennis, Charles .............................................. Page 2401 Grantham, Glynn ............................................. Page 1063
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INDEX

3047

Hudson, Woodrow ............................................ Page 1840 Hutcheson, William D. ......................................... Page 1202 Huyck, Albert................................................ Page 2650 Johnson, Bob ................................................. Page 370 Johnson, Dickey ............................................... Page 704 Lacy, Cleopatric ............................................... Page 243 Langford, James L. ........................................... Page 1607 McCalep, George .............................................. Page 328 McDermitt, Dahl ............................................... Page 49 Merrion, Lucious ............................................. Page 1469 O'Neil, Art ................................................. Page 1383 Reighard, Ike ............................................... Page 1529 Shannon, Patrick ............................................... Page 60 Simmons, Albert ............................................. Page 1248 Smith, Eddie D., Sr. .......................................... Page 2246 Smith, Wayne.................................................. Page 20 Strang, Max .................................................. Page 212 Thurman, Gerald ............................................. Page 411 Townsend, John W............................................. Page 293 Wallis, J. W. .............................'.................... Page 750 Williams, Julius C. ............................................. Page 77 Withers, Harold ............................................... Page 653 Wright, Charles E. ........................................... Page 1317 Wright, J. C. ................................................. Page 438 Wright, Pal L. .............................................. Page 114
Charitable Organizations; meals purchased with State funds, competitive bids required ......................................... HB 87
Charitable Organizations; uniform standards for management and investments ..................................... HB 987
Charlton County; Commissioners, compensation provisions......................................... HB 1592
Chatham County; Commissioners, urged to take action on Hospital Authority .......................................... SR 470
Chatham County; education tax funds remitted to City of Savannah ........................................... HB 861
Chatham County; Elections Board, create ............................. HB 1634 Chatham County; Elections Board,
repeal provisions ................................................ SB 529 Chatham County; governing authority ................................ HB 1621 Chatham County; governing authority,
restructure.................................................... HB 812 Chatham County; Hospital Authority,
appointment of members........................................ HB 1669 Chatham County; Hospital Authority, repeal Act providing
for filling of vacancies ........................................... HB 598 Chatham County; Magistrate Court, provide. ...... ................... HB 1552 Chatham County; Probate Court Clerk,
repeal Act on compensation ...................................... HB 600 Chatham County; Recorder's Court, terms ............................ HB 1030 Chatham County; school tax collection,
change population figures in Act................................. HB 860
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3048

INDEX

Chatham County; State Court, abolish certain position .......................................... HB 599
Chatham County; State Court, appointment of clerk ........................................ SB 481
Chatsworth, City of; Recorder's Court................................ HB 1498 Chattahoochee Judicial Circuit; assistant district attorney,
compensation ................................................. HB 1449
Chattahoochee Judicial Circuit; district attorney, salary supplement. ............................................. HB 1451
Chattahoochee Judicial Circuit; judges' salary, supplement ................................................... HB 1450
Chattanooga, Tennessee; property conveyance to the Lord Company.............................................. HR 478
Chattanooga, Tennessee; property conveyance, Amos and Andy Buick ........................................ HR 487
Chattooga County; Magistrate Court, provide.......................... HB 1610 Chattooga County; State Court, election dates,
clerical assistance .............................................. HB 1079
Cherokee County; Education Board, appoint school superintendent.................................... HB 1252
Chevron, U.S.A.; commend for participation in Stop Drugs at the Source Treaty ................................. SR 458
Child Abuse, Committee for Prevention; commend merger with Parents Anonymous ........................................ SR 418
Child Care Centers; criminal records checks of employees .................................................. HB 1083
Child Care Centers; family day care homes, residential location ............................................. HB 1163
Child Care Centers; regulations, licensing ............................:. SB 509 Child Support; court duties to transfer case records...................... SB 369 Child Support; fees for recovery enforcement services,
repeal Code section ............................................. SB 409 Child Support; garnishment provisions based on
court order .................................................... HB 393 Child Support; modification or revision of judgment,
procedures ..................................................... HB 980 Child Support; Uniform Reciprocal Enforcement of Support Act,
redefine state ............................................. HB 1185 Children; adoption records ........................................... SB 291 Children; adoption records, access..................................... HB 309 Children; Aid to Dependent, redefine child
and unemployed parent.......................................... HB 152 Children; alcoholic beverage sales or gambling,
parent's rights against seller...................................... SB 339 Children and Youth Coordinating Council Study Committee .............. SR 439 Children; and Youth, Southern Legislators' Conference,
commend ...................................................... SR 314 Children; Council of Juvenile Court Judges,
case information ................................................ SB 246 Children; curfew provisions, parent liable
for child loitering in public..................................... HB 1029
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INDEX

3049

Children; custody proceedings, basis for award .......................... SB 429 Children; custody, choice of parent to live with,
change age ..................................................... SB 76 Children; domicile, provisions for determining.......................... HB 1054 Children; education services for handicapped,
gifted ......................................................... SB 533 Children; family day care homes,
residential locations ............................................ HB 1163 Children; foster care, removal from home,
judicial proceedings, parental rights ............................... SB 425 Children; guardian, procedures for letters
of dismission ............................................. HB 984 Children; handicapped preschoolers,
Human Resources services ...................................... SB 536 Children; Human Resources custody,
earned-time allowances .......................................... SB 179 Children; juvenile court jurisdiction,
certain 17 year olds............................................. SB 138 Children; juvenile court probation condition,
study toward diploma .......................................... HB 1354 Children; juvenile proceedings,
protective orders................................................ SB 232 Children; juvenile proceedings,
restrictive custody orders......................................... HB 137 Children; juvenile proceedings,
termination of parental rights .................................... HB 602 Children; molestation, aggravated,
penalty provisions ............................................... HB 998 Children; molestation, punishment, prohibit sale,
distribution of harmful materials .................................. HB 511 Children; obscene material,
distribution to unlawful.......................................... HB 277 Children; public school, beginning age ................................. SB 449 Children; school admission,
refusal relating to guardian, limit ................................. SB 412 Children; sexual exploitation,
redefine minor as 16 years ....................................... SB 46 Children; sexually explicit conduct,
material depicting unlawful .................................. SB 47 Children; troubled, Human Resources Committee
study intermediate care program .................................. SR 228 Children; victim of felony, under 17,
consent to publish name ........................................ SB 247 Children; Youthful Offender Act of 1972,
repeal......................................................... SB 244 Children's Policy; establish state-wide............................... SB 272 China, Republic of: invited as sister state
between Taiwan and Georgia ..................................... SR 402 Chiropractors; provisions relating scope of practice ...................... SB 285 Chiropractors; qualifications, licensing requirements ...................... HB 926 Civil Practice; also SEE Courts.
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3050

INDEX

Civil Practice; action dismissed, plaintiff may recommence, certain cases ................................................... HB 431
Civil Practice; consolidation of actions, loss of consortium ................................. SB 518
Civil Practice; dismissal of action ..................................... SB 158 Civil Practice; dismissal of actions voluntarily........................... SB 484 Civil Practice; dismissal of actions,
lack of jurisdiction .............................................. SB 423 Civil Practice; domestic relations, court jurisdiction
over nonresidents ............................................... SB 257 Civil Practice; habeas corpus, inmates' defense
and transfer ................................................... SB 107 Civil Practice; judgments, execution dockets,
recording requirements .......................................... HB 915 Civil Practice; judgments, setting aside,
abolish complaints in equity ...................................... SB 472 Civil Practice; limitation of actions,
persons imprisoned .............................................. SB 463 Civil Practice; renewal of case after dismissal........................... SB 329 Civil Practice; service, copy to defendant outside
county of action ........................................... HB 1271 Civil Practice; time prescribed in legal actions,
weekends and holidays ........................................ SB 26 Civil Practice; venue, certain third party cases .......................... SB 370 Claims Advisory Board; time limit on filing claims,
delete obsolete provisions ........................................ HB 999 Clarke County; Elections and Registration Board,
create.......... .............................................. HB 1272 Clarke County; Elections Board, repeal Act creating .................... HB 1274 Clarke County; Magistrate Court, provisions........................... HB 1275 Claxton High School Track Team; commend ........................... SR 336 Clayton County; Commissioners, compensation ......................... HB 1541 Clayton County; Education Board, compensation of members ............ HB 1560 Clayton County; Magistrate Court, superior court
judges appoint ................................................ HB 1561 Clayton County; Probate Court Judge, compensation ................... HB 1536 Clayton County; Probate Court, appeals provisions ..................... HB 1605 Clayton County; Sheriff and Superior Court Clerk,
compensation ................................................. HB 1535 Clayton County; State Court Judges, compensation ..................... HB 1539 Clayton County; State Court Solicitor, compensation. ................... HB 1538 Clayton County; State Court, clerk and deputy,
responsibilities................................................. HB 1533 Clayton County; Tax Commissioner, compensation ..................... HB 1534 Clayton Judicial Circuit; additional judge ............................ HB 1312 Clayton Judicial Circuit; district attorney,
salary supplement.............................................. HB 1537 Clayton Judicial Circuit; judges, salary supplement ............ . ...... HB 1540 Clerks, Superior Courts; SEE Superior Court Clerks or Courts. Cline, William L.; commend ..................................... SR 393
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INDEX

3051

Coastal Marshlands Committee; administrative procedures, EPA Director .................................................. SB 420
Cobb County; annexation requirements ................................. SB 77 Cobb County; Commissioners, funds for rapid transit .................... SB 304 Cobb County; Education Board, compensation of members ............... SB 530 Cobb County; Juvenile Court Judge, compensation ..................... HB 1654 Cobb County; Probate Court, additional deputy clerk ................... HB 1596 Cobb County; Probate Court Clerk, compensation ....................... SB 554 Cobb County; property conveyance from Transportation Department
to Board of Regents ............................................ HR 645 Cobb County; Stadium Authority, create.............................. SB 309 Cobb County; Stadium Authority, create.............................. HB 1400 Cobb County, State Court Judge, compensation ........................ HB 1595 Cobb County; State Court, reorganize ................................. SB 556 Cobb County; taxes, change date taxes are due
and delinquent ................................................. HB 670 Cobb County-Marietta Water Authority;
membership provisions.......................................... HB 1611 Cobb Judicial Circuit; additional assistant district attorneys.............. HB 1593 Cobb Judicial Circuit; additional judge ................................ SB 544 Cobb Judicial Circuit; investigators, compensation ....................... SB 555 Cobb Transportation Authority; create ................................ HB 1391 Code of Georgia; revisions, correction of
errors and omissions ........................................... HB 1156 Coffee County; Education Board, compensation of members. ............. HB 1516 Coleman, Senator Tom; admiration of Senate........................... SR 478 Coleman, Senator Tom; named Senate Transportation Committee
chairman ..................................................... Page 412 Colquitt County; Magistrate Court, provide ........................... HB 1582 Columbia County; homestead exemption .............................. HB 1496 Columbia County; penalties for violation of ordinances .................. HB 1224 Columbia County; Tax Commissioner, compensation .................... HB 1495 Columbus-Muscogee County Municipal Court Judge;
serve as chief magistrate........................................ HB 1136 Columbus, City of; commissions and boards, membership................ HB 1263 Columbus, City of; municipal court judge, clerk,
marshal, salary ................................................ HB 1444 Columbus, City of; publication of ordinances .......................... HB 1429 Columbus, City of; recorder's court,
appointment of clerks .......................................... HB 1261 Commerce; gasoline marketing practices, distributor sales,
distress prices .................................................. SB 344 Commerce; gasoline marketing practices, no refiner,
manufacturer operate retail station ................................ SB 367 Commerce; gasoline marketing practices, refiner,
manufacturer prohibited from operating retail service station ........... SB 48 Commerce; health spas, bond requirements, regulations ................. HB 1208 Commerce; principal and agent, incompetent persons,
power of attorney, bond and accounting............................ SB 368 Commerce; sale of business opportunity, investment requirements,
definitions .................................................... HB 1135
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3052

INDEX

Commerce; securities, provide for uniformity, change regulations ............................................. HB 1164
Commerce; trademark infringements, counterfeit goods, court procedure, punishment provisions. ........................... HB 1123
Commercial Code; farm product sales, security interest ................... HB 88 Commercial Code; secured transactions, procedures ...................... SB 467 Commissions, Boards; Area Planning and Development Advisory Committee,
advise Community Affairs Department............................. HB 907 Commissions, Boards; Boxing Commission ............................. HB 1293 Commissions, Boards; Council of Magistrate Court Judges,
create ......................................................... SB 517 Commissions, Boards; Family Practice Joint Board,
membership...................................... HB 1168 Commissions, Boards; Medical Nominating Commission,
Human Resources Board membership. ............................. SB 413 Commissions, Boards; State Growth Policy, reestablish ................... SB 333 Commissions, Boards; State, expense allowance
for members ............................................... SB 487 Commissions, Boards; Stone Mountain State Park Authority,
name changed.................................................. HB 438 Committee, Study; Atlanta Airport, special tax district,
feasibility, joint................................................. HR 749 Committee, Study; aid to families with dependent children,
standard of need requirements, joint............................... HR 675 Committee, Study; Auto Repair Industry .............................. SR 298 Committee, Study; Cable Television .................................. SR 424 Committee, Study; Children and Youth Coordinating Council............. SR 439 Committee, Study; Contract Percentage Retainage ...................... SR 391 Committee, Study; County and Municipal Grants ....................... SR 357 Committee, Study; DeKalb County Recorder's and Magistrate Court,
create......................................................... HR 734 Committee, Study; driver's license renewal, re-examination ............... SR 273 Committee, Study; Electric Membership Corporation Satellite Television.... SR 447 Committee, Study; Electronic Data Processing Review Committee .......... SB 68 Committee, Study; employment agencies, regulation of, joint.............. SR 280 Committee, Study; Federal Appropriations to Georgia, create ............. SR 426 Committee, Study; Financial Institutions Structure, joint ................. HR 248 Committee, Study; Financial Institutions Structure, joint ................. SR 155 Committee, Study; Fiscal and Administrative Affairs .................... SR 352 Committee, Study; Handicapped Preschooler. ........................... SR 310 Committee, Study; Hospital Care for the Indigent, Joint ................. HR 708 Committee, Study; Human Resources Committee,
intermediate care program for troubled children..................... SR 228 Committee, Study; Job Training Partnership Act........................ SR 427 Committee, Study; Judicial Process Review Commission (Governor's) ...... HR 448 Committee, Study; Medical Radiation Health and Safety,
Joint.......................................................... HR 443 Committee, Study; Mental Health and Mental Retardation Division
Separation, joint................................................ HR 623 Committee, Study; Mortgage Banking Industry ......................... SR 285 Committee, Study; Motor Vehicle Inspection ........................ SR 389
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INDEX

3053

Committee, Study; Motor Vehicles, Staggered Registration ............... SR 365 Committee, Study; Music Industry .................................... SR 303 Committee, Study; No-Fault Insurance, joint ............................. SR 5 Committee, Study; No-Fault Liability Insurance ........................ SR 203 Committee, Study; Part-Time State Employment, policy for
retirement benefits .............................................. HR 644 Committee, Study; Peace Officers' Annuity and Benefit Fund ............. SR 387 Committee, Study; Polygraph Operations............................... SR 382 Committee, Study; Problem Drinker and Highway Safety ................ SR 362 Committee, Study; Public Utility Rate-making Process Study Committee SR 449 Committee, Study; Public Utility Rate-making Process, joint............. SR 328 Committee, Study; School Climate .................................... HR 156 Committee, Study; Statutes of Limitation ............................. SR 396 Committee, Study; Student Achievement Improvement
and Strengthening of Teachers ............................... SR 409 Committee, Study; Telephone Communications Policy.................... SR 437 Committee, Study; Television, Cable Service............................ SR 424 Committee, Study; Television, Satellite,
Electric Membership Corporation ................................. SR 447 Committee, Study; Textbooks ........................................ SR 434 Committee, Study; Transportation..................................... SR 415 Committee, Study; University System Eminent Scholars
Endowment Trust Fund ......................................... SR 388 Committee, Study; University System Laboratory,
Equipment, and Library Research Needs........................... SR 324 Committee, Study; Urban County and Municipal, joint .................. SR 278 Committee, Study; Workers' Compensation Task Force, joint .............. SR 77 Communications from Governor ................ Pages 14, 15, 21, 25, 1134, 2619 Communications from Secretary of
State .................... Pages 17, 115, 319, 704, 1139, 1423, 1745, 2401 Community Affairs Board; membership provisions ...................... SB 331 Community Affairs Department; Area Planning
and Development Advisory Committee ............................. HB 907 Community Affairs Department; Georgia Development Authority ......... SB 444 Community Affairs Department; local government entities
file information on revenue bonds ................................ HB 1107 Community Affairs Department; metropolitan area planning
and development commissions, membership ......................... HB 790 Community Affairs Department; State Growth Policy Commission,
recreate ....................................................... SB 333 Community Improvement Districts; counties or municipalities ............. HR 733 Community Service Work; probation requirement,
pretrial release and diversion programs ........................... HB 1101 Community Service; probation condition, change limits on court .......... SB 148 Community Service; probation condition, liability of participants........... SB 447 Community Work Experience Programs; repeal Code section creating ....'.. SB 493 Compensation Resolutions; Ahearn, Grace E. ........................... HR 653 Compensation Resolutions; Amerson, J.C. and Lavada ................... HR 447 Compensation Resolutions; DuVernois, Frances J. ....................... HR 446 Compensation Resolutions; Henggeler, Duane E. ........................ HR 182 Compensation Resolutions; Snow, Peggy J. ............................. HR 445
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3054

INDEX

Compensation Resolutions; Tracy, Phillip .............................. HR 451 Comptroller General; vacancy in office, repeal provisions ................. SB 498 Computers; Electronic Data Processing Review Committee,
create.......................................................... SB 68 Concord, City of; new charter ....................................... HB 1613 Condemnation Proceedings; filing of oath of special master ............... HB 988 Condominium; foreclosure, liability for unpaid assessment ............. HB 1270 Conflicts of Interest; assistant attorney general
representing criminal defendant, provisions ........................ HB 1494 Conflicts of Interest; county commissioners, sales to county ............... SB 480 Conflicts of Interest; public officers, certain medicaid
transactions with state authorized ................................. HB 908 Conflicts of Interest; public officers, define transacting business,
disclosure requirements .......................................... SB 480 Conflicts of Interest; public officers, disclosure,
redefine transacting business. .................................... HB 1313 Conflicts of Interest; public officers,
purchase surplus state property at auction ......................... HB 1152 Conflicts of Interest; State employees engage in political activities
or run for local office, certain cases ................................ SB 36 Congress, U.S.; ratify 1789 amendment prohibiting salary increase
during term.................................................... SR 327 Congress, U.S.; urged to adopt unified appeals procedures,
federal criminal cases ........................................... HR 471 Congress, U.S.; urged to change general election day to Saturday ......... SR 347 Congress, U.S.; urged to increase allowances for Medicaid recipients ....... SR 333 Congress, U.S.; urged to increase allowances for Medicare recipients,
certain cases ................................................... SR 332 Congress, U.S.; urged to limit award of attorneys' fees
in suits against state ............................................ SR 342 Congress, U.S.; urged to recognize farmers' problems .................... HR 780 Congress, U.S.; urged to stop military and technology sales
to Soviet Union ............................................... HR 866 Congress, U.S.; urged to support Employment Act
to minimize impact of plant closings.............................. SR 386 Congress, U.S.; urged to support Senator Nunn's soil
conservation program............................................ HR 759 Conservation; SEE Natural Resources or Environmental Protection. Constitutional Amendment, U.S.; ratify 1789 proposal prohibiting
congressional salary increase during term .......................... SR 327 Constitutional Amendments; agricultural property with
preferential tax assessment, estate heirs, citizenship ............ HR 589 Constitutional Amendments; community improvement districts,
counties and municipalities ....................................... HR 733 Constitutional Amendments; counties, redevelopment powers
by local law, referendum requirements ............................. HR 444 Constitutional Amendments; county or municipality incur debt
without referendum, certain conditions .............................. SR 19 Constitutional Amendments; elected official qualifying for
different office, automatic resignation ............................... SR 61
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INDEX

3055

Constitutional Amendments; elected officials, removal from office upon felony conviction ........................................... SR 268
Constitutional Amendments; felony involving physical force, parole or earned-time prohibited .................................. SR 367
Constitutional Amendments; General Assembly members, four year terms ................................................. SR 45
Constitutional Amendments; homestead exemption disabled veterans .......HR 185 Constitutional Amendments; horse racing and pari-mutuel
wagering lawful with county referendum ........................... SR 330 Constitutional Amendments; judges, removal from office upon
felony conviction ............................................. SR 267 Constitutional Amendments; legislation raising or reducing revenue
originate in either house ......................................... SR 353 Constitutional Amendments; legislation raising revenue,
two-thirds vote required in General Assembly ....................... SR 110 Constitutional Amendments; libraries, public facilities,
local debt may be incurred...................................... SR 300 Constitutional Amendments; National Guard, retirement system ........ . . SR 50 Constitutional Amendments; proposed, summary on audio tapes
sent to libraries ............................................... HB 1082 Constitutional Amendments; retirement benefits for
involuntary separation prohibited.................................. SR 306 Constitutional Amendments; retirement benefits to elected officials
for involuntary separation prohibited .............................. SR 307 Constitutional Amendments; retirement, authorize changes by law
to previously existing systems..................................... SR 274 Constitutional Amendments; retirement, legislative service not
creditable to other systems ....................................... SR 309 Constitutional Amendments; sales tax, increase for education
and transportation, exempt drugs, eyeglasses......................... HR 91 Constitutional Amendments; sales tax, local option,
by local law for public facilities, referendum.......................... SR 4 Constitutional Amendments; Speaker of the House,
limit terms a person may serve in office............................ SR 349 Constitutional Amendments; State School Superintendent
appointed by Board of Education ................................. HR 505 Constitutional Amendments; workers' compensation,
assessments against insurance carriers ............................. SR 279 Construction Industry Licensing; low-voltage contractors. ................ HB 1292 Contract Percentage Retainage Study Committee ....................... SR 391 Contractors; Electrical, Plumbing, Conditioned Air, licensing.............. SB 460 Contractors, Low-Voltage; licensing ......... ........................ HB 1292 Contracts; public works, progress payments,
limit amounts retained .......................................... SB 347 Contracts; releases and covenant not to sue............................. SB 424 Contracts; State, income tax credit for payments
to minority subcontractors ....................................... HB 635 Controlled Substances; change certain listings.......................... HB 1042 Controlled Substances; confiscated from student,
teachers deliver to law enforcement officers ......................... SB 526
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3056

INDEX

Controlled Substances; correctional institutions, inmate possession, felony......................................... SB 448
Controlled Substances; drug abuse treatment programs, licensing. ..................................................... SB 281
Controlled Substances; forfeiture, interest of property owner ................ SB 6 Controlled Substances; forfeitures, burden of proof on
claimant of property ............................................. SB 10 Controlled Substances; medical license, grounds for refusal ............... SB 141 Controlled Substances; pest control licenses suspended for use ............ HB 1294 Controlled Substances; reclassify certain substances...................... SB 271 Conyers, City of; homestead exemption, residents 62 or over .............. HB 851 Cook County; Commissioners, election districts ........................ HB 1248 Cook County; Probate Court Judge, serve as chief magistrate ....... HB 1040 Coordinate System, Georgia; adopt to designate
geographic points in state ........................................ HB 732 Coroners; bond requirements ................................ SB 49 Coroners; change certain powers, duties and fees ........................ HB 520 Coroners; compensation, removal of bodies ............................. SB 348 Coroners; Training Council, create, certification requirements,
fees............................................................ SB 50 Corporations; criminal responsibility of managerial officials ............... SB 461 Corporations; equal access to justice, state agency payments
for expenses incurred from legal proceedings........................ HB 872 Corporations; garnishment proceedings, venue........................... HB 542 Corporations; income tax, manner of computing ........................ HB 1016 Corporations; registration and renewal fees, notices to shareholders ....... HB 1031 Corporations; venue, sued in county where cause of action originated........ SB 85 Correctional Institutions; also SEE Penal Institutions. Correctional Institutions; felony inmate, habeas corpus case,
appeal provisions ........................................ HB 1108 Correctional Institutions; goods produced, sales to private colleges ......... SB 545 Correctional Institutions; inmate files classified confidential .............. HB 1506 Correctional Institutions; inmate possessing contraband,
felony punishment .............................................. SB 448 Correctional Institutions; inmate serving murder sentences,
leave privileges ................................................. SB 464 Cosmetology; esthetician license requirements ........................... SB 497 Counseling, Professional; licensing provisions........................... SB 93 Counties; also SEE Local Government. Counties; audit procedures and requirements. ........................... HB 871 Counties; bingo games authorized by local ordinance. .................... SB 261 Counties; boundary, stream of water, jurisdiction ....................... HB 1032 Counties; commissioners, sales to county ............................... SB 480 Counties; contracts, progress payments, limit amount retained ............. SB 347 Counties; contracts, purchase or lease, limitations ....................... SB 353 Counties; DeKalb and Fulton, municipal powers in
unincorporated areas ............................................ SB 187 Counties; education boards, disciplinary tribunals in schools............... HB 815 Counties; education boards, filling of vacancies .......................... SB 411 Counties; fire departments, locally organized, requirements. ............... HB 618 Counties; fortunetelling, ordinances to punish violations .................. HB 968
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INDEX

3057

Counties; governing authorities adopt ordinances affecting unincorporated areas ............................................ HB 910
Counties; governing authority, exercise of power, immune from antitrust liability .................................. HB 1317
Counties; grand jury, inspection of public buildings, duties................ SB 437 Counties; health boards, environmental health services and fees............ SB 430 Counties; health boards, membership, environmental health services ....... HB 1068 Counties; health boards, provide environmental health services ............ SB 489 Counties; health care advisory officer ................................. HB 1296 Counties; hotel, motel tax, limit amount charged ....................... HB 1362 Counties; incur debt without referendum, certain conditions................ SR 19 Counties; insurance premium tax, population figures, reimbursement,
voluntary payments ............................................ HB 1206 Counties; insurance premium taxes, amend Code ....................... HB 1139 Counties; libraries, county and regional, change provisions ................ HB 840 Counties; library facilities authorities .................................. SB 334 Counties; magistrate court, create in each county ....................... SB 144 Counties; magistrate courts, ordinances, arrest, provisions................. HB 946 Counties; merit board to hear appeals from sheriffs employees ........... HB 1191 Counties; officers indicted for felony, suspension ......................... SB 332 Counties; redevelopment powers, local law, referendum provisions .......... HR 444 Counties; rent control prohibited ...................................... HB 594 Counties; revenue bonds, procedures to issue............................ SB 427 Counties; tax collectors, time for payment of collections ................. HB 1187 Counties; tax digest, equalization procedures............................ SB 142 Counties; tax sales of property, purchase authorized ..................... HB 442 Counties; taxation for development authority,
remove millage limitation ........................................ SB 549 Counties; veterinarians exempt from occupation tax...................... SB 366 County and Municipal Grant Study Committee ......................... SR 357 County, Urban, and Municipal Study Committee; joint .................. SR 278 Court Costs; no refund or collection of amounts less than $5.00 ......... SB 370 Court Costs; trial transcript, payment for preparation .................... SB 156 Courts; appellate practice, delete certain judgments deemed
directly appealable .............................................. HB 877 Courts; assistant district attorneys, compensation ........................ SB 170 Courts; Atlanta Judicial Circuit, additional judge ...................... HB 1131 Courts; bail schedule, judges establish, certain courts .................... HB 950 Courts; bailiffs, compensation........................................ HB 1314 Courts; civil practice, dismissal of actions ............................... SB 158 Courts; Civil, time periods in legal actions, weekends and holidays .......... SB 26 Courts; Clayton Judicial Circuit, additional judge ...................... HB 1312 Courts; clerks, collection of fines, duties transferred
from district attorneys .......................................... HB 1037 Courts; clerks, writs of possession, landlord and tenant cases ............. HB 1342 Courts; Cobb Judicial Circuit, additional judge ......................... SB 544 Courts; district attorneys, assistant, revise Code chapter,
appointment, salary provisions ................................... HB 1038 Courts; district attorneys, assisted by attorneys employed
by state or local government ..................................... SB 443
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3058

INDEX

Courts; district attorneys, collection of fines, duties transferred to clerk of court............................................... HB 1037
Courts; district attorneys, secretaries, remove limitations on salary increases............................................. HB 1039
Courts; elderly person, time for trial, exceptions.......................... SB 60 Courts; family violence prevention, copy of court order
to petitioner .................................................. HB 1213 Courts; fines, collection requirements ................................. HB 1037 Courts; fines, criminal or traffic cases, local government
retain percentage for expenses .................................... SB 539 Courts; Flint Judicial Circuit, judges' salary ........................... HB 1493 Courts; Fulton County Magistrate and State,
fees volunteer legal services ..................................... HB 1064 Courts; habeas corpus petitions, inmates' defense and transfer............. SB 107 Courts; Houston Judicial Circuit, additional judge ...................... HB 1390 Courts; Juries, eligibility and advertising, grand jury service .............. SB 313 Courts; juries, equal strikes for state and defendant ...................... SB 22 Courts; juries, exemption from duty and number of strikes ................ SB 67 Courts; juries, exemptions, judges' authority ........................... HB 1230 Courts; juries, grand, inspection of county buildings, duties ............... SB 437 Courts; juries, grand, special investigative with
statewide jurisdiction ............................................ SB 197 Courts; jurisdiction, certain domestic relations cases ..................... SB 257 Courts; Juvenile Judges Council, case information ....................... SB 246 Courts; Juvenile Judges, commissioned by Secretary of State.............. SB 312 Courts; Juvenile Proceedings, termination of parental rights............... HB 602 Courts; Juvenile, child loitering in public,
certain hours unlawful ......................................... HB 1029 Courts; Juvenile, child removed from home, judicial proceedings,
parental rights ................................................. SB 425 Courts; Juvenile, jurisdiction, 17 years old,
status offender provisions ........................................ SB 138 Courts; Juvenile, orders for restrictive custody, procedures ................ HB 137 Courts; Juvenile, probation condition, study toward diploma. ............. HB 1354 Courts; Juvenile, protective orders..................................... SB 232 Courts; Juvenile, state funds to employ probation officers
and intake workers............................................. SB 528 Courts; Juvenile, training seminars, superior court judges exempt .......... HB 620 Courts; Magistrate, appeals provisions ................................. HB 986 Courts; Magistrate, appeals to state courts from judgments ............... SB 391 Courts; Magistrate, change various Code provisions...................... HB 946 Courts; Magistrate, create in each county,
abolish justice of peace courts .................................... SB 144 Courts; Magistrate, fees, maximum of $30 for county violation ............ SB 479 Courts; Magistrate, probate judge serving as chief,
minimum salary ................................................ HB 981 Courts; Municipal judges, residence requirements. ...................... HB 1442 Courts; Probate, appeals, jury trial provisions ........................... SB 330 Courts; Probate, procedures and times for actions ...................... HB 1343 Courts; sheriffs fees for service of process,
multiple service same location .................................... SB 398
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INDEX

3059

Courts; sheriffs, county merit board hear appeals of employees ........... HB 1191 Courts; sheriffs, eligibility after pardon
for vehicular homicide conviction.................................. HB 706 Courts; sheriffs, minimum annual salary .............................. SB 358 Courts; sheriffs, training requirements, exemptions....................... SB 452 Courts; sheriffs, vehicle allowance .................................... HB 1091 Courts; South Georgia Judicial Circuit, judges, salary. .................. HB 1526 Courts; Southern Judicial Circuit judges, salary supplement. ............. HB 1106 Courts; Southwestern Judicial Circuit, Stewart County terms ............. HB 919 Courts; Southwestern Judicial Circuit, Webster County terms .............HB918 Courts; State, solicitor may bring actions under RICO Act ............... SB 431 Courts; State, solicitors' qualifications ................................. SB 371 Courts; Superior, caseloads, system for equalization, reporting............. SR 282 Courts; Superior, clerk's costs, population figures
include DeKalb County ...................................... HB 434 Courts; Superior, clerk's minimum salary based on census figures.......... SB 351 Courts; Superior, clerks serving in other courts, compensation ............. HB 425 Courts; Superior, elderly persons, civil cases, time for trial................. SB 60 Courts; Superior, increase fees, disposition of funds ...................... SB 466 Courts; Superior, judges, district attorneys, compensation ................ HB 1150 Courts; Superior, law clerks' salary, circuits
where death penalty imposed .................................... HB 1332 Courts; Superior, sentence review, procedure............................ SB 78 Courts; support cases, transfer of documents............................ SB 369 Courts; Supreme and Court of Appeals, justices, compensation ........... HB 1024 Courts; traffic offenses, modifying judgments............................. SB 61 Courts; Western Judicial Circuit judges, salary supplement .............. HB 1223 Coweta County; Commissioners, redefine districts ...................... HB 1631 Coweta County; Education Board, composition ......................... HB 1623 Credit Cards; gasoline service station operator honoring,
surcharge by distributor prohibited ............................... SB 54 Credit Union Deposit Insurance Corporation; membership,
powers and duties ............................................. HB 1160 Crimes and Offenses; bad checks, notice to accused
and liability provisions.......................................... SB 485 Crimes and Offenses; bad checks, penalties for issuance .................. SB 139 Crime and Offenses; bad checks, service charge for issuance ............. HB 1197 Crime and Offenses; beverages in metal container,
detachable top, sales unlawful .................................... SB 373 Crimes and Offenses; bingo games lawful by county
or municipal ordinance ...................................... SB 261 Crimes and Offenses; child loitering in public, certain hours unlawful,
parent liable, penalties ......................................... HB 1029 Crimes and Offenses; child molestation, aggravated, penalty provisions ..... HB 998 Crimes and Offenses; child molestation, punishment, prohibit sale,
display, distribution harmful materials ............................. HB 511 Crimes and Offenses; children, material depicting sexually
explicit conduct unlawful ......................................... SB 47 Crimes and Offenses; controlled substances, change certain listings. ....... HB 1042 Crimes and Offenses; controlled substances, forfeiture provisions ............. SB 6
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3060

INDEX

Crimes and Offenses; controlled substances, forfeitures, burden of proof on claimant....................................... SB 10
Crimes and Offenses; controlled substances, reclassify certain substances ..................................... SB 271
Crimes and Offenses; criminal responsibility of corporation agent or managerial official .......................................... SB 461
Crimes and Offenses; distribution of obscene material to minors unlawful.............................................. HB 277
Crimes and Offenses; elderly victims, mandatory imprisonment ........... HB 213 Crimes and Offenses; escape, change penalties .......................... SB 143 Crimes and Offenses; false report of crime, penalty ........................ SB 3 Crimes and Offenses; felony conviction involving
physical force, parole or earned time prohibited ..................... SR 367 Crimes and Offenses; felony victim under 17 years,
consent to publish name ........................................ SB 247 Crimes and Offenses; firearms possession,
district attorneys, solicitors, investigators exempt .................... SB 434 Crimes and Offenses; involuntary manslaughter
in commission of unlawful act, penalty............................. SB 405 Crimes and Offenses; life imprisonment without parole,
murder conviction ............................................. SB 20 Crimes and Offenses; Litter Control Law, change provisions .............. HB 571 Crimes and Offenses; pistol license renewal procedures ................... HB 982 Crimes and Offenses; public housing, prohibit fraudulent
practices to obtain .............................................. SB 214 Crimes and Offenses; racketeering, state court solicitor
may bring action in certain cases ............................. SB 431 Crimes and Offenses; sexual assault, definitions .......................... SB 52 Crimes and Offenses; sexual exploitation of children,
redefine minor as 16 years ........................................ SB 46 Crimes and Offenses; statutory rape, change age ......................... SB 39 Crimes and Offenses; telephone eavesdropping unlawful, definitions ........ SB 422 Crimes and Offenses; trial termination, prejudicial conduct ............... SB 153 Criminal Justice Improvement Council; membership ..................... SB 527 Criminal Procedure; appeal bonds, sentence for felon,
prior conviction in other state .................................... SB 108 Criminal Procedure; arrest, Public Safety Department
create uniform violation citations............................... SB 99 Criminal Procedure; bail, judges establish schedule of bail................ HB 950 Criminal Procedure; death penalty sentence, lethal injection. ............ HB 1239 Criminal Procedure; defendant's release, notification to
witnesses or victims ............................................. SB 226 Criminal Procedure; discovery, change provisions ........................ SB 336 Criminal Procedure; juries, equal strikes, exemption from duty ............. SB 67 Criminal Procedure; juries, equal strikes, state and defendant .............. SB 22 Criminal Procedure; juries, exemptions, judges' authority ................ HB 1230 Criminal Procedure; legal defense of indigents, action
for damages against appointed attorney prohibited................... HB 390 Criminal Procedure; pretrial motions, courts set time for filing ............. SB 44 Criminal Procedure; pretrial proceedings, time for cases brought
to trial ........................................................ SB 335
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INDEX

3061

Criminal Procedure; review of sentences ................................ SB 78 Criminal Procedure; sentence, prior felony conviction in other
state punished as conviction in this state .......................... HB 1043 Criminal Procedure; shoplifting suspect, arrest without
a warrant authorized, certain cases ................................ HB 967 Criminal Procedure; stolen property, return to rightful owner ............. SB 172 Criminal Procedure; venue, empanel jury in county other
than trial site .................................................. SB 337 Criminal Records; provisions relating to public inspection ................. SB 340 Crisp County; Commissioners, change number ...................... HB 1619 Crisp County; Commissioners, compensation ........................... HB 1269 CrownAmerica, Inc.; recognizing 100th anniversary...................... HR 664

D
Dade County; Commissioners, create board......................... HB 1246 Dade County; Education Board, election districts....................... HB 1245 Dallas, City of; change corporate limits ................................ HB 966 Dalton, City of; property conveyance, railroad property .................. HR 504 Dams Safety Act; change certain provisions ........................... HB 1174 Dams; boating safety zone at Richard B. Russell Dam ................... SB 451 Davis, Bill; commend ............................................... SR 292 Day Care Centers; criminal records checks of employees ................ HB 1083 Day Care Centers; inspection, licensing provisions ....................... SB 509 Day Care Homes, Family; residential locations......................... HB 1163 Dead Persons; law enforcement agencies exchange information ........... HB 1070 Death Certificates; filing requirements ................................. SB 501 Death Penalty; carried out by lethal injection .......................... HB 1239 Death Penalty; life imprisonment without parole,
alternate sentence ........................................ SB 20 Death; coroners, duties and fees ...................................... HB 520 Debt Limitations; counties and municipalities incur debt
without referendum, certain cases .................................. SR 19 Debtor and Creditor; garnishment, amount owed not exceed amount
on summons .................................................... SB 38 Debtor and Creditor; garnishment, corporations, venue ................... HB 542 Debtor and Creditor; garnishment, tax execution, court ................. HB 1138 Decatur County; Commissioners, composition of board .................. HB 1433 Decatur, City of; Commissioners, election provisions .................... HB 1417 Deeds; real estate to secure debt, repeal Code section ................... HB 1034 Deeds; real estate transfer tax, exemption, joint tenants ................. HB 1112 Deer Hunting Accidents; Natural Resources Department urged
to try to reduce ............................... SR 302 DeKalb Community College Week; recognize ........................... SR 436 DeKalb County; campus policemen, definitions .......................... SB 537 DeKalb County; Commissioners, resign to run for other office . .......... HB 1514 DeKalb County; Commissioners, vacancy if candidate
for other office ................................................ HB 1515
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3062

INDEX

DeKalb County; Education Board, health insurance,

self-insurance .................................................. SB 435

DeKalb County; Education Board, nonpartisan election. ................. HB 1602

DeKalb County; Magistrate Court, abolish recorder's court ............... SB 416

DeKalb County; Magistrates, provide for number and election ........... HB 1576

DeKalb County; Recorder's and Magistrate Court Study Committee ....... HR 734

DeKalb County; Recorder's Court, successor for judges .................. HB 826

DeKalb County; State Court, additional assistant solicitor ............... HB 1500

DeKalb County; State owned land, repeal 1982 resolution,

American Heart Association...................................... HR 631

DeKalb County; superior court clerk, costs, change population

figures in Act ........................................ HB 434

DeKalb County; superior court clerk, fees .............................. HB 501

DeKalb-Fulton Counties; powers of municipal corporation

in unincorporated areas.......................................... SB 187

DeKalb Junior College; acquisition by University System,

subject to funding .............................................. HR 592

DeKalb Junior College; provide for transfer to University System. ....

SB 516

DeKalb Junior College; transfer to University System.................... SB 157

Dent, Richard A.; portrait unveiling at joint session ..................... HR 475

Development Authorities; county taxation, remove millage limit ........... SB 549

Development Authorities; local revenue bonds issued,

information to Community Affairs Department..................... HB 1107

Development Authorities; municipal taxation,

remove millage limit ............................................ SB 548

Development Authorities; redefine project relating

to hotel facilities ............................................... HB 298

Development Authorities; redefine project relating

to hotels....................................................... SB 282

Development Authority, Georgia; employees eligible

for State health insurance. ...................................... HB 1217

Development Authority, Georgia; membership provisions,

assigned to Community Affairs Department ........................ SB 444

Development Programs; counties, local law,

referendum provisions ........................................... HR 444

Dietician, Registered; relating to use of title ............................ HR 211

Dieticians Licensing Law; regulate profession .....................

HB 1133

Dillard, Henry E. Memorial Bridge; designate in Rabun County .......... HR 210

Disabled Adults; reporting of need for protective services ................. SB 374

Disabled Voter; designate 1984 in honor ............................... SR 319

Disaster Preparedness Plan; required for hospitals ....................... SB 286

Discrimination; state purchasing, preference

to minority business............................................. SB 198

Dispossessory Proceedings; court clerk notify trial judge

of appeal ..................................................... HB 1111

Dispossessory Proceedings; writ of possession,

rental transaction ............................................. HB 1342

Distilled Spirits Distribution Act; enact .............................. SB 290

Distilled Spirits; limit number of retail licenses issued.................... HB 358

District Attorneys Emeritus Retirement; increase benefits................. SB 125

District Attorneys Emeritus; salary provisions.......................... SB 92

Refer to numerical index for page numbers

INDEX

3063

District Attorneys; assistant, revise Code chapter, appointment, salary provisions ................................... HB 1038
District Attorneys; assistants, compensation provisions.................... SB 170 District Attorneys; assistants, exempt from concealed
weapons prohibitions ............................................ SB 434 District Attorneys; attorneys employed by state or
local government assist in cases ................................... SB 443 District Attorneys; collection of fines, duties transferred
to clerk of court............................................... HB 1037 District Attorneys; secretaries, remove limitations
on salary increase. ............................................. HB 1039 District Attorneys; Superior Court Judges, compensation ................ HB 1150 Dividends, Distributions; abandoned, unclaimed,
reporting requirements........................................... SB 445 Divorce; also SEE Domestic Relations. Divorce; no final judgment until all issues adjudicated ................... HB 186
Doctors of the Day: Anderson, Dr. Larry ............................................ Page 54 Atha, Dr. John ............................................... Page 1331 Bates, Dr. John .............................................. Page 1205 Bowen, Dr. William L. ......................................... Page 722 Brewton, Dr. Samuel.......................................... Page 1027 Carter, Dr. Glen ............................................. Page 1074 Cooper, Dr. David ............................................ Page 1411 Coppage, Dr. Mark ............................................ Page 258 Davidson, Dr. Gene ............................................ Page 685 Dean, Dr. Darrell............................................. Page 2654 Delp, Dr. William A. ......................................... Page 1697 Dismuke, Dr. James ........................................... Page 803 Forest, Dr. John W. ........................................... Page 258 Gamwell, Dr. John ........................................... Page 1794 Garner, Dr. Cyler ............................................. Page 840 Grist, Dr. William J............................................ Page 187 Hagler, Dr. James ............................................. Page 601 Hames, Dr. Curtis ............................................ Page 2261 Hammesfahr, Dr. Rick ......................................... Page 175 Hartley, Dr. John H............................................ Page 228 Huber, Dr. Janet ............................................. Page 1270 Hutchinson, Dr. J. R. B. ....................................... Page 105 Ivey, Dr. C. Ray ............................................. Page 1856 Jolley, Dr. Fleming ............................................. Page 61 Kaufmann, Dr. James A. ........................................ Page 18 Maughon, Dr. Bob............................................. Page 601 Metts, Dr. James C. .......................................... Page 1155 Miller, Dr. Cecil ............................................. Page 1997 Moore, Dr. William ............................................ Page 297 Rankin, Dr. Fred ............................................. Page 1698 Roberts, Dr. Don ............................................... Page 77 Sherman, Dr. Eloise .......................................... Page 1086 Snell, Dr. William ............................................. Page 421 Souma, Dr. John ............................................. Page 2403
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3064

INDEX

Doctors of the Day (Continued): Steadman, Dr. Henry ......................................... Page 1543 Summers, Dr. Roland ........................................... Page 77 Utke, Dr. Rodney ............................................. Page 246 Williams, Dr. Robert.......................................... Page 2654 Williams, Dr. William T. ....................................... Page 381
Dodd, Lamar; recognize ............................................. SR 269 Dodge County; Education Board, appoint school superintendent ........... HB 862 Dodge County; Magistrate Court, appointment of chief ................. HB 1603 Domestic Relations; adoption records,
Human Resources Department access.............................. HB 309 Domestic Relations; adoption records,
Human Resources Department access.............................. SB 291 Domestic Relations; alimony, child support,
revision of judgment ............. .............................. HB 980 Domestic Relations; alimony, jurisdiction of court ....................... SB 240 Domestic Relations; birth certificate, adopted person born
in foreign country ............................................. HB 1003 Domestic Relations; child custody proceedings .......................... SB 429 Domestic Relations; child removed from home, judicial proceedings,
termination of parental rights .................................... SB 425 Domestic Relations; child support recovery,
fees for enforcement services, repeal ............................... SB 409 Domestic Relations; child support, garnishment provisions ................ HB 393 Domestic Relations; children, choice of parent to live with,
change age ..................................................... SB 76 Domestic Relations; children's policy, establish state-wide. ................ SB 272 Domestic Relations; court jurisdiction over nonresidents .................. SB 257 Domestic Relations; domicile of minors, determination .................. HB 1054 Domestic Relations; family violence prevention,
copy of court order to petitioner ................................. HB 1213 Domestic Relations; marriage license, county in which issued ............ HB 1053 Domestic Relations; marriage license, repeal blood test requirements ........ SB 98 Domestic Relations; support cases, court duties, transfer of records ...... SB 369 Domestic Relations; Uniform Reciprocal Enforcement
of Support Act, redefine state ................................... HB 1185 Dooley, Coach Vince; introduced, remarks............................ Page 1555 Dooley, Vince, University of Georgia Football Coach; commend ........... SR 412 Dooly County; Magistrate Court, selection of chief magistrate ............ SB 459 Dougherty County; Magistrate Court, change terms of offices ........... HB 1550 Douglas County; Commission Chairman, compensation .................. HB 1282 Douglas County; Coroner, compensation ............................... SB 490 Douglas County; Elections Board, provide ............................. HB 1581 Douglas County; Magistrate Court, provisions ......................... HB 1283 Douglas Judicial Circuit; change terms of court........................ HB 1281 Douglasville, City of; mayor and council, election provisions ............. HB 1584 Downtown Development Authorities; revenue bond information
to Community Affairs Department ............................... HB 1107 Downtown LaGrange District; change limits ........................... HB 1396 Drinking Age; alcoholic beverages, raise legal age to 21 .................... SB 4 Driver's License; committee to study re-examination for renewal........... SR 273
Refer to numerical index for page numbers

INDEX

3065

Driver's License; emergency vehicle operators, requirements............... SB 345 Driver's License; habitual violators, federal conviction.................... SB 426 Driver's License; minors, reinstatement fee after suspension .............. HB 1199 Driver's License; motorcycles used for agriculture exempt ............... HB 1209 Driver's License; reinstatement, false certification
of insurance .................................................. HB 1220 Driver's License; school bus driver classification,
requirements .................................................. HB 1439 Driver's License; suspended due to canceled insurance,
restoration fee.............................................. HB 1201 Driver's License; suspended or revoked, penalty for driving ............... SB 223 Driver's License; suspended, on DUI conviction,
increased insurance coverage ..................................... SB 292 Driver's License; suspension relating to proof of insurance ................ SB 392 Driver's License; suspension upon DUI conviction in other state .......... HB 1200 Driver's License; suspension, certain convictions ......................... SB 342 Driving Under the Influence, DUI; driver's license suspension,
conviction in another state ...................................... HB 1200 Driving Under the Influence, DUI; driver's license, habitual violator ....... SB 426 Driving Under the Influence, DUI; increased insurance coverage. ......... SB 292 Driving Under the Influence, DUI; information from Highway
Safety Office ................................................... SR 363 Driving Under the Influence, DUI; prohibit nolo contendere plea,
changes in charges ............................................. SB 103 Drug Abuse; treatment programs, licensing ............................. SB 281 Drug Dependent Persons; hospitalization and treatment,
records released under court order ............................... SB 455 Drugs, Controlled; also SEE Controlled Substances. Drugs, Controlled; change certain listings ............................. HB 1042 Drugs, Controlled; forfeiture, interest of property owner .................... SB 6 Drugs, Controlled; forfeitures, burden of proof on claimant
of property ..................................................... SB 10 Drugs, Controlled; Medicaid recipients,
prescriptions sales tax exempt ................................... HB 1329 Drugs, Controlled; reclassify certain substances ........................ SB 271 Drugs, Eyeglasses, Prescription; exempt from sales tax .................... HR 91 Drugs, Eyeglasses, Prescription; exempt from sales tax ................... HB 901 Drugs, Prescription; exempt from sales tax ............................. HB 180 Dublin, City of; commend for interracial cooperation .................... SR 339 Dunham, Frank C.; commend ........................................ SR 304 DuVernois, Frances J., Ms.; compensate ............................... HR 446 Dye, Pat; Auburn University Football Coach, introduced,
remarks ...................................................... Page 779

Early County; Probate Court Judge, serve as chief magistrate. ........... HB 1614 East Marietta National Little League All-Star Team; commend ........... SR 317 East Point, City of; mayor and council, election date ................... HB 1486
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3066

INDEX

Eastern Judicial Circuit; judges, appointment of clerk

of Chatham County State Court................................ SB 481

Eavesdropping by Telephone; unlawful, definitions ....................... SB 422

Ebenezer Church Road; State Highway 275,

Effingham County designated ..................................... HR 741

Eberhart, Fannie Mae; commend ..................................... SR 467

Echols County; Probate Court Judge, serve as chief magistrate ........... HB 1680

Edmond, Tony; commend ............................................ SR 320

Education Authority, Schools; project,

definition include public library facilities ........................... SB 185

Education; Administrative Procedure Act requirements ................... HB 327

Education; Board, State, appoint School Superintendent .................. HR 505

Education; campus policemen, definitions, DeKalb-Fulton Counties

SB 537

Education; campus policemen, redefine campus......................... HB 1472

Education; cardiopulmonary resuscitation, CPR,

schools urged to teach.......................................... SR 294

Education; compulsory school attendance,

home study programs ......................................... SB 504

Education; county boards, accident insurance

for injuries to students ......................................... HB 1369

Education; county boards, DeKalb,

Fulton self-insurance program ................................... SB 435

Education; county boards, filling of vacancies .......................... SB 411

Education; county boards, property received due to escheat ............. HB 1290

Education; county boards, sell or buy property

for vocational education ......................................... SB 112

Education; DeKalb Junior College, acquisition

by University System .......................................... HR 592

Education; DeKalb Junior College, transfer

to University System ............................................ SB 516

Education; DeKalb Junior College, transfer

to University System ............................................ SB 157

Education; disciplinary tribunals,

requirements of local boards...................................... HB 815

Education; drugs, confiscated, school employees

deliver to law enforcement officers ................................ SB 526

Education; Engineering Experiment Station, name changed

to Georgia Tech Research Institute............................... SB 364

Education; grants to osteopathic medical students

attending certain colleges ........................................ SB 540

Education; grants to students, define accredited schools. .................. SB 514

Education; grants, incentive to local units ............................... SB 64

Education; Handicapped Preschooler Study Committee, create ............ SR 310

Education; handicapped preschoolers, services........................... SB 536

Education; handicapped, gifted children, special services,

revise Code .................................................... SB 533

Education; high school diploma to students

with learning disabilities, certain cases ............................. SR 331

Education; home study programs...................................... SB 504

Education; juvenile courts, probation condition,

study toward diploma .......................................... HB 1354

Refer to numerical index for page numbers

INDEX

3067

Education; Legislative Educational Research Council, repeal Code Chapter ............................................ SB 394
Education; libraries, county and regional, change provisions ............... HB 840 Education; library facilities authority, local governments.................. SB 334 Education; North Georgia College, scholarships,
two per congressional district .................................... HB 1432 Education; nursing students, loan funds ................................ SB 104 Education; parent-teacher organization property,
tax exemption .................................................. SB 441 Education; parent-teacher organization property,
tax exemption ................................................. HB 1122 Education; private schools, regulation by State prohibited................. HB 327 Education; Professional Practices Commission, expenses .................. SB 488 Education; public school employees health insurance,
change provisions ............................................... SB 175 Education; sales tax increase, distribution of proceeds ..................... HR 91 Education; school admission, refusal relating to guardian,
limit .......................................................... SB 412 Education; school attendance, beginning age provisions ................... SB 449 Education; school attendance, compulsory, home study programs........... SB 504 Education; school board members urged to participate
in training and developmental activities ............................ SR 432 Education; school bus driver's license, training programs ................ HB 1439 Education; School Climate, Blue Ribbon Study Committee ............... HR 156 Education; State School Superintendent appointed by State Board ......... HR 505 Education; Student Achievement Improvement and
Strengthening Teacher Personnel Study Committee .................. SR 409 Education; teachers supervising student teachers,
requirements, salary............................................. HB 928 Education; teachers, accumulation of sick leave ......................... SB 164 Education; teachers, certificated personnel,
classifications for appropriating salary increases ..................... HB 959 Education; teachers, performance evaluations and termination ............. SB 230 Education; Textbook Study Committee ................................ SR 434 Education; vocational-technical schools, charge tuition,
grants for property tax relief ..................................... SB 436 Elberton, City of: council, establish election wards...................... HB 1668 Elderly; abuse of disabled adults, reports ............................... SB 374 Elderly; crimes against, mandatory imprisonment, certain cases. ........... HB 213 Elderly; income tax credit for sales tax on prescription drugs ............. HB 180 Elderly; party in civil case in superior court, time for trial................. SB 60 Elected Officials; also SEE Public Officers. Elected Officials; candidate for different office,
automatic resignation............................................. SR 61 Elected Officials; conflict of interest,
certain medicaid transactions authorized ........................... HB 908 Elected Officials; conflicts of interest, disclosure,
redefine transacting business. .................................... HB 1313 Elected Officials; ethics code, disclosure requirements .................... SB 228 Elected Officials; filling of vacancies ................................... SB 498 Elected Officials; removal from office upon felony conviction .............. SR 268
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3068

INDEX

Elected Officials; retirement benefits based on involuntary separation prohibited ............................... SR 307
Elected Officials; suspended from office upon felony indictment............ SB 332 Election; Senate District 6, special to fill vacancy ................... Pages 15, 16 Election, General; Congress urged to change day to Saturday ............. SR 347 Elections; alcoholic beverage sales, change provisions..................... SB 483 Elections; amend various Code provisions............................... HB 936 Elections; ballots for nonpartisan judicial primary,
Secretary of State provide ....................................... HB 940 Elections; ballots, paper, pen required to mark .......................... SB 327 Elections; campaign and financial disclosure, certain reports
filed with election superintendent.................................. HB 960 Elections; campaign and financial disclosure,
provisions and penalties .......................................... SB 248 Elections; campaign and financial disclosure, requirements ................ SB 228 Elections; campaign contributions, expenditures, disclosure,
lawful uses ..................................................... SB 79 Elections; candidate for different office,
automatic resignation upon qualifying .............................. SR 61 Elections; candidates qualifying by pauper's affidavit,
financial statement required ..................................... HB 1077 Elections; candidates, qualifications, hearing officer ...................... SB 326 Elections; candidates, qualifying in special elections,
notice ......................................................... SB 321 Elections; candidates,-voter registration,
absentee ballots and special elections .............................. SB 324 Elections; candidates, write-in, regulations .............................. SB 349 Elections; Code title, correction of errors .............................. HB 1155 Elections; constitutional amendments, proposed,
summary tapes to libraries ...................................... HB 1082 Elections; counties conduct for municipalities, contracts .................. HB 970 Elections; county and municipal boards, joint ........................... HB 969 Elections; Fulton County Voter Registration, post cards .................. SB 512 Elections; general provisions .......................................... HB 936 Elections; Municipal, absentee ballot provisions ......................... SB 399 Elections; Municipal, absentee ballot, disabled voters..................... SB 428 Elections; Municipal, candidate in primary ineligible
as write-in in general election .................................... SB 417 Elections; Municipal, change various Code provisions .................... HB 936 Elections; Municipal, change various Code provisions .................... HB 937 Elections; Municipal, municipalities contract with counties
to conduct elections ............................................. HB 970 Elections; Municipal, poll officers, serve in other elections,
certain cases ................................................... SB 325 Elections; Municipal, polling places, candidates prohibited
from checking electors lists....................................... SB 418 Elections; Municipal, polling places, distribution
of certain material authorized .................................... HB 939 Elections; Municipal, recount of votes, one percent difference ............. SB 322 Elections; Municipal, vote recorders, display prior to election.............. HB 941 Elections; Municipal, voter lists purged every two years ................. HB 1158
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INDEX

3069

Elections; Municipal, voter registrars, high school principals .............. HB 943 Elections; Municipal, voter registration,
change of address notification .................................... HB 942 Elections; Municipal, voter registration procedures ....................... HB 940 Elections; Municipal, voter registration, procedures ..................... HB 1159 Elections; Municipal, voting machine provisions ......................... HB 938 Elections; paper ballots, pen required to mark .......................... SB 327 Elections; polling places, candidates prohibited
from checking electors lists....................................... SB 418 Elections; polling places, distribution of certain
material authorized ............................................. HB 939 Elections; soil and water conservation supervisors,
not defined as elected official ................................... HB 1118 Elections; Special, provisions for issuing call ............................ SB 328 Elections; vacancies, certain offices, provisions for filling .................. SB 498 Elections; vote recorders, display prior to elections....................... HB 941 Elections; voter registrars, high school principals, procedures .............. HB 943 Elections; voter registration, advertisement, additional places .............. SB 323 Elections; voter registration, cards, lists,
ballots for nonpartisan judicial primary ............................ HB 940 Elections; voter registration, change of address,
notification .................................................... HB 942 Elections; voter registration, list, cost of computer-run tape .............. HB 1114 Elections; voter registration, places, regulations......................... HB 1172 Elections; voter registration, procedures ............................... HB 1159 Elections; voting machine provisions ................................... HB 938 Elections; Voting Rights Act, Federal, requirements .................... HB 1418 Elections; write-in candidates, compliance with regulations................ SB 349 Elections; Year of the Disabled Voter in Georgia, designate .............. SR 319 Electric Membership Corporation Satellite Television Study Committee..... SR 447 Electric Membership Corporations; power substations conform
to local zoning ................................................. SB 217 Electrical Contractors, Low-voltage; licensing .......................... HB 1292 Electronic Data Processing Review Committee; create..................... SB 68 Eleemosynary Institutions; uniform standards for management
and investments ................................................ HB 987 Elevators, Escalators; safety requirements .............................. HB 817 Elsroad, Clifford Watson; commend ................................... SR 403 Emanuel County; Commissioners, powers and duties ..................... SB 542 Emanuel County; Education Board, election districts.................... HB 1636 Emanuel County; Tax Commissioner, compensation...................... SB 541 Embalmer, Funeral Director; licensing requirements ..................... HB 994 Eminent Domain; acquisition of property for highways,
court appointed guardian ........................................ SB 316 Eminent Domain; condemnation proceedings, filing of oath
of special master ............................................... HB 988 Employees' Retirement; annuity savings fund, define ..................... SB 119 Employees' Retirement; annuity, redefine............................... SB 114 Employees' Retirement; involuntary separation,
procedures for continued employment............................. SB 355 Employees' Retirement; involuntary separation, revise .................... SB 354
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3070

INDEX

Employees' Retirement; mandatory due to age, provisions ................ HB 123

Employees' Retirement; military service credit .......................... SB 109

Employees' Retirement; minimum funding standards ...................... SB 95

Employees' Retirement; minimum funding standards...................... SB 94

Employees' Retirement; payments to beneficiaries ....................... HB 144

Employees' Retirement; service credit, employed by district attorney

SB 126

Employment Agency Advisory Council; change termination date

SB 376

Employment; Agencies, regulation of, joint study committee .............. SR 280

Employment; Job Training Coordinating Council, create.................. SB 357

Employment; polygraph examination requirement prohibited .............. SB 439

Employment; Security Law, benefit provisions, employee misconduct ...... SB 499

Employment; Security Law, change provisions ......................... HB 1171

Employment; Security Law, redefine part-time regarding

public opinion interviewer ........................................ SB 522

Employment; Security Law, severance pay received, provisions ............ SB 462

Employment; urge congressional support to minimize impact

of plant closings ................................................ SR 386

Employment; wages due deceased employee, payment to survivors

HB 46

Energy Resources Office; create, abolish Energy Resources Council

SB 236

Energy; Resource Recovery Development Authorities, provisions ........... SB 513

Energy; solar systems installed, income tax credit .................... HB 1242

Engineering Experiment Station; name changed

to Georgia Tech Research Institute................................ SB 364

Engineers and Land Surveyors; change certain provisions................. SB 363

Engineers; contracts with State for services........................... HB 1326

Environmental Health Services; county health boards provide ............ HB 1068

Environmental Protection; Division, powers and duties,

administrative procedures ...................................... SB 420

Environmental Protection; Division, powers and duties, Oil,

Gas and Deep Drilling Act ...................................... SB 419

Environmental Protection; hazardous waste materials,

immunity from liability for assistance............................. HB 1308

Environmental Protection; Litter Control Law, change provisions .......... HB 571

Environmental Protection; Pest Control Compact, Interstate,

Georgia be party to ............................................ HB 1047

Environmental Protection; pesticide labels, U.S. EPA urged to

require production month-year.................................... HR 650

Environmental Protection; radiation control, civil penalties

for violations ................................................... HB 457

Environmental Protection; water systems, public, bonds.................. HB 1346

Epps, Hubert Floyd; U.S. 80-State 19 bridge at Dry Branch

designated in honor ............................................. HR 489

Equal Access to Justice Act; review of State action against parties,

payment of expenses ............................................ HB 872

Equalization Board, State; reconstitute, powers and duties,

create Tax Settlement and Compromise Board ...................... HB 957

Equalization Boards, Counties; change time for filing appeals

HB 957

Equine Sales; bond requirements...................................... SB 375

Equity; judgment set aside, abolish certain Code provisions ....

SB 472

Escape, Crime of; change penalties.................................... SB 143

Escheat; property received by county education boards .................. HB 1290

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INDEX

3071

Estates; agricultural property with preferential tax assessment, citizenship of heirs .............................................. HR 589
Estates; also SEE Wills. Estates; property, life estates ......................................... SB 408 Estates; property, rebuttable presumption person is capable
of having a child during adult life ................................ SB 407 Estates; property, tenancies by entirety, survivorship ..................... SB 317 Estates; vesting of interest in property, pension plans .................... SB 406 Estates; wages due deceased employee, payment to survivors ............... HB 46 Esthetician; education requirements for license .......................... SB 497 Ethics Commission, State; create...................................... SB 228 Ethics; also SEE Conflicts of Interest. Etowah-Forsyth County Water Authority; create ...................... HB 1609 Evans County; Magistrate Court, Atlantic Judicial Circuit
judges appoint chief. ............................................ SB 525 Evidence; telephone records, confidentiality, court orders to produce ........ HB 904 Examining Boards; also SEE Professions. Examining Boards, State; investigators, bond to carry firearms,
repeal....................................................... HB 1416 Examining Boards, State; licensing powers and duties,
Senate confirmation of members .................................. SB 149 Execution; death penalty by lethal injection ........................... HB 1239 Executive Department; requisitions, purchase orders,
consecutively numbered .......................................... HB 698 Executive Park Amoco; commend for participation in Stop Drugs
at the Source Treaty ............................................ SR 460 Executors; SEE Wills. Export Council, Governor's; create within Industry and Trade............. SB 213 Eyeglasses, Prescription and Drugs; exempt from sales tax................. HR 91 Eyeglasses, Prescription and Drugs; exempt from sales tax................ HB 901

Fair Business Practices Act; administrator exchange information with law enforcement agencies.................................... HB 933
Family Day Care Homes; residential locations ......................... HB 1163 Family Practice Joint Board; membership, terms of office. ............... HB 1168 Family Violence Prevention Orders; copy of court order
to petitioner .................................................. HB 1213 Farm Bureau Day, Georgia; designate February 14, 1984 ................ HR 715 Farm Equipment; irrigation systems, anti-syphon devices ................. HB 541 Farm Product Sales; relating to security interest ......................... HB 88 Farm Wineries; redefine, local licensing provisions ...................... HB 1473 Farmers; congressional delegation urged to recognize problems ............ HR 780 Fayette County; Coroner, compensation ............................... HB 1435 Federal Appropriations to Georgia; Study Committee .................... SR 426 Federal Government; urged to stop military and industrial
equipment sales to Soviet Union .................................. HR 866
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3072

INDEX

Fees for Professional Services Paid by State Agencies;

distribution of copies ........................................... HB 1102

Fellows, Walter Scott; commend ...................................... SR 395

Felons; convicted, appeal bond provisions............................... SB 108

Felony Indictment; public official, suspended from office .................. SB 332

Pickling, William Arthur; commend .............................

SR 464

Financial Institutions; advertising in contractual relationships ............. SB 100

Financial Institutions; also SEE Banking and Finance.

Financial Institutions; committee to study structure...................... SR 155

Financial Institutions; committee to study structure..................... HR 248

Financial Institutions; Credit Union Deposit Insurance Corporation,

membership, powers and duties .................................. HB 1160

Financial Institutions; loans to South Africa, investment

of state funds prohibited ................................... SB 543

Financial Institutions; revise code, receivership, redefine "savings

and loan associations" .......................................... HB 1149

Fire Departments, Local; minimum requirements............. ...........HB618

Fire Safety; codes for existing buildings, non-mandatory.................. HB 839

Fire Sprinkler Act; reciprocal agreements relating to certification .......... HB 952

Firearms; bond required of Examining Board investigators, repeal ........ HB 1416

Firearms; correctional institutions, inmate possession, felony. .............. SB 448

Firearms; license to carry pistol, certain law enforcement officers

exempt from fees .............................................. HB 1132

Firearms; local governments prohibited from regulating or licensing ....... HB 1373

Firearms; pistol license renewal procedures ............................. HB 982

Firearms; possession, exempt district attorneys, solicitors,

investigators from prohibition..................................... SB 434

Firemen's Pension Fund; board of trustees, composition .................. HB 974

Firemen's Pension Fund; eligibility, benefits ....................... HB 169

Fiscal and Administrative Affairs Study Committee ..................... SR 352

Fishing; also SEE Game and Fish.

Fishing; certain nets for crab or shrimp unlawful, certain cases. .......... HB 1105

Fleetwood, William C.; commend ..................................... SR 462

Flint Judicial Circuit; salary supplements, judges,

district attorneys .............................................. HB 1493

Floyd County; chief deputies, governing authority approve salary ......... HB 1490

Floyd County; Commissioners, compensation........................... HB 1674

Floyd County; property conveyance, Old Farmers' Market................ HR 482

Floyd County; Superior Court Clerk, periodic salary increases. ........... HB 1574

Floyd County; Tax Commissioner, periodic salary increases .............. HB 1573

Food Service Establishments; health cards required for employees ......... SB 365

Forest Park, City of; extend corporate limits.......................... HB 1562

Forestry Board, State; change termination date ...................... HB 1062

Forestry Management Program; urge for land owned by state agencies ..... SR 321

Forfeitures; controlled substances, burden of proof on claimant ............. SB 10

Forsyth County; business license tax, firms operating

in unincorporated area of the county ............................. HB 1302

Forsyth County; Magistrate Court, provide ............................ HB 1489

Forsyth County-Etowah Water Authority; create ....................... HB 1609

Fort Oglethorpe, Town of; change corporate limits ..................... HB 1519

Fort Oglethorpe, Town of; change corporate limits ..................... HB 1518

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INDEX

3073

Fort Valley State College; commend .................................. SR 283 Fort Valley-Perry Airport Authority; quorum for meetings............... HB 1484 Fortunetelling; county ordinances to punish violations .................... HB 968 Franchise; sale of, regulations ....................................... HB 1135 Franklin-Heard County Water Authority; create ....................... HB 1501 Freeman, Chris; commend ........................................... SR 271 Freemasons; commend organizations ................................... SR 468 Freeport Tax Exemption; applications ................................ HB 1023 Freeport Tax Exemption; inventories, continuation ...................... HB 1169 Fringe Benefits; State employees, value displayed on pay check............. SR 68 Fulton County; business tax, firms in unincorporated area ............... HB 1361 Fulton County; Cabbagetown Historic District improvements,
tax exempt ................................................... HB 1664 Fulton County; campus policemen, definitions ........................... SB 537 Fulton County; Education Board, health insurance, self-insurance.......... SB 435 Fulton County; Education Board, number of members, election........... HB 1147 Fulton County; Health Board, create by local ordinance.................. SB 263 Fulton County; Health Board, powers and duties ........................ SB 134 Fulton County; Health Department Employees, health insurance
under state plan ................................................ SR 375 Fulton County; library system, board of trustees, membership ............ HB 1324 Fulton County; magistrate and state courts, fees,
volunteer legal services ......................................... HB 1064 Fulton County; magistrate, part-time, appointment ..................... HB 1564 Fulton County; probation employee transfer to state-wide system,
retirement and insurance benefits ................................. SB 250 Fulton County; public defender, appointment, expenses .................. HB 1338 Fulton County; public defender, provide for office ....................... HB 360 Fulton County; School Employees Pension Board, membership ........... HB 1180 Fulton County; State Court Clerk, duties ............................. HB 1247 Fulton County; superior court clerk, costs, change population figures
in Act, include DeKalb .......................................... HB 434 Fulton County; voter registration, post cards authorized .................. SB 512 Fulton County-Atlanta Recreation Authority; public works
contracts, bond ................................................ HB 1688 Fulton-DeKalb Counties; powers of municipal corporation
in unincorporated areas .......................................... SB 187 Funds; unclaimed, reporting procedures ................................ SB 445 Funeral Director, Embalmer; licensing requirements,
change termination date of State Board ............................ HB 994 Funeral Service Board; change termination date......................... HB 994 Fur Dealers; regulations ............................................ SB 523

G
Gambling with Minor; parent's right of action .......................... SB 339 Gambling; bingo games lawful by local ordinance ....................... SB 261 Gambling; horse racing lawful with county referendum................... SR 330 Game and Fish; also SEE Natural Resources.
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3074

INDEX

Game and Fish; commercial shrimping or crabbing with certain nets unlawful ...................................... HB 1105
Game and Fish; conservation rangers retain weapon and badge, certain cases ................................................... HB 465
Game and Fish; falconry, raptor permits, hunting feral hogs .............. SB 415 Game and Fish; hunting on land of another person, requirements ......... HB 1250 Game and Fish; hunting, liability for injuring or killing person ............ SB 106 Game and Fish; oysters and clams, provisions for taking ................. SB 442 Game and Fish; revise various Code provisions......................... HB 1195 Game and Fish; seines used to take fish, crustaceans. .................... SB 482 Game and Fish; trapping, fur dealers, regulations ....................... SB 523 Garner, Senator Wayne; excused due to death in family ............... Page 2409 Garnishment; amount owed not exceed amount shown on summons ......... SB 38 Garnishment; child support, requirements .............................. HB 393 Garnishment; corporations, venue in proceedings ........................ HB 542 Garnishment; tax execution returned to appropriate court. ............. HB 1138 Gasoline Marketing Practices; exclusive sales by distributor,
distress prices .................................................. SB 344 Gasoline Marketing Practices; retail station, refiner or
manufacturer prohibited from operating................. ........... SB 48 Gasoline Marketing Practices; retail station, refiner,
manufacturer prohibited from operating............................ SB 367 Gasoline Marketing Practices; surcharge by distributor
to retailer honoring credit card prohibited ........................... SB 54 Gasoline Service Stations; self-service, attendant aid handicapped
at no cost ...................................................... SB 55 Gasoline Service Stations; services, restrooms for travelers ................. SB53 General Assembly; adjournment January 20 to January 30 ............... HR 440 General Assembly; adjournment repeal HR 440, providing
adjournment January 20 to January 30 ............................ HR 542 General Assembly; adjournment February 3 to February 6 ............... SR 361 General Assembly; adjournment February 15 to February 20 ............. SR 420 General Assembly; adjournment February 23 to February 27 ............. HR 829 General Assembly; adjournment sine die February 29 .................... HR 966 General Assembly; Administrative Services Department
purchasing procedures, utilize .................................... SB 519 General Assembly; appropriations to Legislative Branch, line item ......... SB 381 General Assembly; appropriations to Legislative Branch, line item ......... SR 318 General Assembly; appropriations to Legislative Branch,
Senate favors line item budget.................................... SR 316 General Assembly; Claims Advisory Board, time limit
for filing claims, delete obsolete provisions.......................... HB 999 General Assembly; Criminal Justice Improvement Council, members ....... SB 527 General Assembly; hour of meeting, change provisions ................... HB 891 General Assembly; House Clerk and Senate Secretary,
fees for documents .............................................. HB 899 General Assembly; House Clerk, Senate Secretary,
filling of vacancies in office....................................... HB 890 General Assembly; House of Representatives,
reapportion districts 144 and 145 ................................ HB 1211
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INDEX

3075

General Assembly; House of Representatives, reapportion districts 15, 16, 28 and 34............................ HB 1205
General Assembly; House Speaker, limit terms a person may serve ........ SR 349 General Assembly; Joint Session, invite Supreme Court
and Court of Appeals Justices .................................... HR 439 General Assembly; joint session, State of the State
and Budget message by Governor ................................. HR 438 General Assembly; Joint Session, unveil portrait
of Richard A. Dent ............................................. HR 475 General Assembly; joint sessions, adopt rules governing .................. HR 794 General Assembly; Legislative Educational Research Council,
abolish ........................................................ SB 394 General Assembly; Legislative Services Committee submit
annual written report............................................ SB 520 General Assembly; Legislative Services Committee, membership,
budget estimates, purchasing duties ............................... HB 900 General Assembly; local legislation, procedure for enactment.............. HB 889 General Assembly; members, absences reviewed by Senate
and House committees ........................................... SB 33 General Assembly; members, constitutional officers,
removal from office upon felony conviction ......................... SR 268 General Assembly; members, elected for four year term ................... SR 45 General Assembly; members, expenses, documentation required........... HB 1264 General Assembly; members, photography expenses, payment ............. SB 380 General Assembly; notify Governor that General Assembly has convened ... HR 436 General Assembly; notify Senate that House has convened................ HR 435 General Assembly; retirement, change definition......................... SB 128 General Assembly; retirement, legislative service not
creditable to other systems ....................................... SR 309 General Assembly; retirement, no option for employee's system,
no credit, local service............................................ SB 63 General Assembly; retirement, payments to beneficiaries.................. HB 144 General Assembly; revenue bills may originate in either house ............ SR 353 General Assembly; rules governing joint sessions, adopt .................. HR 794 General Assembly; Senate districts 10 and 13, reapportion. ............... SB 388 General Assembly; Senate Secretary and House Clerk,
fees for documents .............................................. HB 899 General Assembly; Senate Secretary and House Clerk,
filling of vacancies in office....................................... HB 890 General Assembly; University System Chancellor,
annual appearance, repeal provision ............................... HB 893 Geographic Boundaries; adopt coordinate system for State ................ HB 732 George, Elmer; commend ............................................ SR 356 Georgia Bureau of Investigation, GBI; dead, missing persons,
collect, exchange information .................................... HB 1070 Georgia Bureau of Investigation, GBI; investigations
in county or municipality ........................................ SB 362 Georgia Institute of Technology; commend for Legislative Day ............ SR 448 Georgia Institute of Technology; Engineering Experiment Station,
name changed to Georgia Tech Research Institute................... SB 364
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3076

INDEX

Georgia Institute of Technology; license plates to commemorate Centennial..................................... HB 1512
Georgia-Pacific Corporation; commend ................................. SR 416 GEORGIA, U.S.S.; expressing honor at commissioning .................. SR 398 Gilmer County; Commissioner, compensation ........................... HB 856 Gilmer County; Probate Court Judge, compensation ..................... HB 855 Gilmer County; Superior Court, change terms .......................... HB 935 Gilmer County; Water and Sewerage Authority, create ................. HB 1677 Gingrich, Newt; Congressman, introduced, remarks .................... Page 2496 Girl Scout Legislative Day, January 12, 1984. .......................... SR 286 Glenn, John; U.S. Senator, introduced, remarks ....................... Page 1483 Glynn County; alcoholic beverage sales on Sunday ...................... SB 235 Glynn County; Commissioners, election districts ........................HB 1113 Glynn County; court clerks, compensation ............................. SB 470 Glynn County; Sheriff, compensation, automobile provided................ HB 748 Glynn County; State Court Clerk, compensation ...................... HB 929 Glynn County-Brunswick Charter Commission; extend time............. HB 1641 Goolsby, Ezell S.; urge Jasper County commissioners
to designate bridge in honor...................................... SR 399 Gordon County; Commissioners, election districts....................... HB 1371 Gordon County; Education Board, election districts ..................... HB 1372 Gordon, City of; homestead exemption ................................ HB 1401 Gossett, Joe E.; commend............................................ SR 392 Governor Joe Frank Harris; communications...... Pages 14, 15, 21, 25, 1134, 2619 Governor Joe Frank Harris; introduced, remarks ...................... Page 2941 Governor Joe Frank Harris; Senator Littlefield, resignation .......... .Pages 14, 15 Governor Joe Frank Harris; State of the State
and Budget address, joint session ................................. HR 438 Governor Joe Frank Harris; veto letter ................... Pages 21, 25, 28, 1228 Governor; notify that General Assembly has convened ................... HR 436 Governor; retirement benefits based on involuntary
separation prohibited ............................................ SR 307 Governor's Employment and Training Council;
coordinate federal and state resources.............................. SB 357 Governor's Export Council; create within Industry and Trade ............. SB 213 Governor's Judicial Process Review Commission......................... HR 448 Governor's Office; Energy Resources Office, create. ..................... SB 236 Grady County; Commissioners, election districts. ....................... HB 1415 Grady County; Education Board, compensation ........................ HB 1414 Grady County; Education Board, election districts, membership .......... HB 1487 Graffagnino, Peter Carl; regrets at passing ............................. SR 370 Grand Jury; special investigative with state-wide jurisdiction .............. SB 197 Grants to Schools; incentive program to local units ....................... SB 64 Grants to Students; define accredited institutions ........................ SB 514 Grants to Students; osteopathic medicine studies, requirements ............ SB 540 Grants, County and Municipal; Study Committee ....................... SR 357 Gray, City of; election of aldermen .................................. HB 1405 Graysville, City of; property conveyance ............................... HR 588 Green, Jack Powell; appreciation for dedicated service
to General Assembly ............................................ HR 800 Greene County; Commissioners, election of members. ................... HB 1502
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INDEX

3077

Greene County; Probate Judge, serve as chief magistrate ................ HB 1503 Greene County; Superior Court Clerk, Probate Judge, compensation ...... HB 1504 Greene County; Tax Commissioner, assistants, compensation ............. HB 1505
Greene, Senator Richard; statement regarding HB 828.................. Page 318 Gregory, Ivey Williams, Jr.; regrets at passing .......................... SR 371 Griffin, Carl A.; regrets at passing .................................... SR 323 Growth Policy Commission, State; recreate ............................. SB 333 Guardians; estate sale, publication requirements ........................ HB 1344
Guardians; letters of dismission, publication requirements................ HB 1078 Guardians; minor wards, procedure for letters of dismission ............... HB 984 Guardians; procedure for appointment .................................. SB 29
Gwinnett County; Education Board, composition of districts ............. HB 1124 Gwinnett County; State Court Judge, vacancies ......................... SB 252 Gwinnett County; State Court Judges, compensation..................... SB 515
Gwinnett Judicial Circuit; grand jury at each term of court .............. SB 510 Gwinnett Judicial Circuit; Judges, county supplement to salary............ SB 494

H
Habeas Corpus; felony inmate, Attorney General notice to district attorney if no appeal.................................. HB 1108
Habeas Corpus; inmates' defense and transfer .......................... SB 107 Habersham County; alcoholic beverage tax for education ................ HB 1522 Habersham County; Commissioners, election........................... HB 1393 Habersham County; Magistrate Court, fees for law library .............. HB 1622 Habersham County; sales tax for education............................ HB 1238 Hall County; Probate Court Judge, serve as chief magistrate. ............. HB 835 Hammond, Maurice; sympathy at passing .............................. SR 325 Hancock County; Commissioners, duties, compensation ................... SB 503 Hancock County; Magistrate Court, appointment of chief ................ SB 382 Hancock, Cheryl and Rudy; commend ................................. SR 408 Handicapped Persons; access to public buildings, revise Code ............. SB 297 Handicapped Persons; children, special services in public schools........... SB 533 Handicapped Persons; designate 1984 as Year of Disabled Voter ........ SR 319 Handicapped Persons; disabled adults, reports of need
for protective services ........................................... SB 374 Handicapped Persons; elections, absentee ballots ........................ SB 428 Handicapped Persons; Human Resources provide facilities
for Industries for the Blind ..................................... HB 1008 Handicapped Persons; mentally handicapped,
nonprofit homes ad valorem tax exemption ........................ HB 1475 Handicapped Persons; motor vehicles transporting exempt
from ad valorem tax ............................................ SB 378 Handicapped Persons; parking law, penalties for violations ................ HB 949 Handicapped Persons; Preschooler Study Committee, create............... SR 310 Handicapped Persons; preschoolers, Human Resources Department
provide services................................................. SB 536 Handicapped Persons; self-service gasoline station,
attendant give aid at no cost ...................................... SB 55
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3078

INDEX

Hapeville, City of; municipal election, change date ..................... HB 1394 Harris County Airport Authority; establish ............................. HB 878 Harris County; annexation of state owned welcome center
to City of West Point ........................................... SR 366 Harris County; business license fees, firms doing business
in unincorporated areas .......................................... HB 869 Harris County; Commissioners, change districts ......................... HB 895 Harris County; Education Board, bids required on supplies .............. HB 1615 Harris County; Education Board, election districts....................... HB 844 Harris County; Education Board, election of members .................. HB 1511 Harris County; homestead exemptions ................................. HB 873 Harris, Governor Joe Frank; introduced, remarks...................... Page 2941 Harris, Governor Joe Frank; State of the State
and Budget message, joint session ................................. Page 61 Harvey, Kay S.; congratulate as Teacher of Year ....................... SR 358 Hawes, Peyton S.; designate State Highway 72 bridge,
Elbert County in honor .......................................... HR 695 Hazardous Waste Materials; immunity from liability
for aid in mitigating damage .................................... HB 1308 Hazardous Waste Materials; Southeast Interstate Radioactive
Waste Management Compact, revise ............................ HB 1267 Health Insurance; SEE Insurance, Health. Health Spas; bond requirements, regulations ........................... HB 1208 Health; birth certificates, adopted persons born
in foreign country ............................................. HB 1003 Health; breast cancer, information pamphlet, informed consent ............ HB 49 Health; care facilities, disaster preparedness plan required ................ SB 286 Health; care facilities, medicaid transactions by state officials
not conflict of interest ......................................... HB 908 Health; care providers, employee welfare benefit plan .................... HB 464 Health; care providers, insurance regulations............................ SB 458 Health; care providers, peer review groups, definitions................... HB 1276 Health; chiropractors, licensing ....................................... HB 926 Health; counties appoint health care advisory officer ................... HB 1296 Health; county boards, environmental health service and fees ............. SB 430 Health; county boards, environmental health services..................... SB 489 Health; county boards, environmental health services,
board membership ............................................. HB 1068 Health; county boards, regulation of day care centers .................... SB 509 Health; death certificates, filing requirements ......................... SB 501 Health; emergency vehicle operators, licensing .......................... SB 345 Health; heart pacemakers, authorize receipt and reuse .................. HB 1057 Health; heart pacemakers, disposition on death of person possessing ... HB 1058 Health; hospital authorities, members, expenses ........................ HB 1216 Health; hospital authorities, membership, state funding
for medical education ........................................... SB 346 Health; hospital authorities, one member must be physician or nurse ....... SB 267 Health; Hospital Equipment Financing Authority, create ................. SB 395 Health; hospitals provide emergency service to pregnant women .......... HB 1296 Health; hospitals, patient's property, transfer provisions ............... SB 319 Health; hospitals, patients provide blood donors ......................... SB 453
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INDEX

3079

Health; hospitals, public, radiologist, pathologist fees, payment for services ............................................. SB 34
Health; hospitals, staff privileges, applications, no discrimination .......... HB 1328 Health; kidney donors, State employees, leave of absence ................. HB 559 Health; life-sustaining procedures, living will
to authorize discontinuance....................................... SB 186 Health; medical education, state funding ............................... SB 346 Health; medical records, disclosure to persons designated
by patient ..................................................... SB 401 Health; mentally ill, involuntary hospitalization
not exceed 12 months ............................................ SB 27 Health; mentally ill, patient transfer to federal agency
for diagnosis, treatment........................................... SB 28 Health; mentally retarded patients in state institutions,
respite care, insurance payments ................................. HB 1339 Health; nursing home allowance, Medical Assistance Board increase ....... SB 320 Health; osteopathic colleges, evaluation for licensing .................... HB 1181 Health; personal care homes, registration, definitions..................... SB 473 Health; personal care homes, urge Human Resources Board redefine ....... SR 293 Health; physicians, nurses, liability for injuring patient,
state mandated program ......................................... SB 150 Health; rabies, requirements of person bitten ........................... SB 258 Health; radiation control, civil penalties for violations .................... HB 457 Health; spas, regulations............................................ HB 1208 Heard County-Franklin Water Authority; create ....................... HB 1501 Hearing Aid Dealers Board; termination date,
change licensing requirements ................................... HB 1109 Heart Pacemakers; disposition on death of person possessing ............. HB 1058 Heart Pacemakers; provisions for receipt and reuse ..................... HB 1057 Henderson, Jimmy and Curtis Quillen; commend........................ SR 472 Henggeler, Duane E.; compensate .................................. HR 182 Henry County; Commissioners, election districts........................ HB 1555 Henry County; High School STAR student David Turner, commend ....... SR 428 Henry County; Officials, compensation ................................ HB 1554 Henry County; property conveyance ................................... HR 572 Hiawassee, City of; revise charter ..................................... HB 870 Highways; also SEE Transportation Department. Highways; condemnation of property, court appointed guardian. .......... SB 316 Highways; designate Corridor Z from Columbus to Brunswick
as Peach State Parkway ......................................... SR 265 Highways; designate Highway 278, Cobb County,
for C.H. "Fat" James, Sr. ....................................... SR 383 Highways; designate 1-75 for Lawrence McDonald, Corridor Z highway
Columbus to Brunswick as Sun Belt Parkway....................... HR 696 Highways; designate Route 231, Brantley County
as Owen G. Lee Parkway, urge Transportation Department........... SR 431 Highways; designate State 139 in Cobb County as Mableton Parkway .... .HR 449 Highways; designate State 230, Dooly County, as South Oaks Road ....... HR 655 Highways; designate 275, Effingham County, as Ebenezer Church Road .... HR 741 Highways; grates accommodate bicycles, county, municipal repairs ........ SB 222 Highways; Interstate, State Patrol, enforcement duties .................... SB 51
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3080

INDEX

Highways; Problem Drinker and Highway Safety Study Committee........ SR 362 Highways; trailers, maximum combined length .......................... HB 168 Highways; Transportation Department contract and bid provisions ......... SB 177 Highways; trucks hauling logs, pulpwood, loads secured ................. SB 546 Highways; trucks unregistered, use permits and fees .................... HB 1356 Highways; trucks, length permits, transporting wood poles ................ SB 468 Highways; vehicle size and weight limitations........................... SB 352 Highways; vehicles, weight limitations and exemptions .................. HB 1182 Hill, Senator Render; excused due to death in family .................. Page 1530 Historic Preservation Trust; Rhodes Hall, Atlanta,
rental agreement for Archives .................................... HR 587 Holidays; legal State, designated by Governor, include birthday
of M.L. King, Jr............................................ SB 372 Holidays; legal, time period prescribed in legal actions .................... SB 26 Hollings, Fritz; U.S. Senator, introduced, remarks ..................... Page 1134 Holloway, Senator Al; commend ...................................... SR 476 Holloway, Senator Al; named Senate Rules Committee chairman ......... Page 412 Home Study Programs; educational requirements........................ SB 504 Homestead Exemption; annual filing not required .................... HB 1166 Homestead Exemption; constitutional changes, continuations ............. HB 1169 Homestead Exemption; disabled veterans ............................... HR 185 Homicide by Vehicle; driver's license suspension mandatory .............. SB 342 Horan, Father Ray; commend ........................................ SR 401 Horse Racing, Pari-Mutuel Wagering; lawful with county referendum...... SR 330 Horton, Reba Plyler; regrets at passing ................................ SR 400 Hospital Authorities; members, expenses .............................. HB 1216 Hospital Authorities; membership, state funding
for medical education ........................................... SB 346 Hospital Authorities; one member must be physician or nurse ............. SB 267 Hospital Care for Indigent Study Committee, joint ...................... HR 708 Hospital Equipment Financing Authority; create ........................ SB 395 Hospitalization; alcoholics, drug dependent persons,
records released under court order ................................ SB 455 Hospitals; also SEE Health. Hospitals; disaster preparedness plan required........................... SB 286 Hospitals; patients provide blood donors................................ SB 453 Hospitals; patients' property, transfer provisions ......................... SB 319 Hospitals; personal care homes, registration, definitions................... SB 473 Hospitals; pregnant women, emergency medical services ................. HB 1296 Hospitals; public, radiologist, pathologist fees,
payment for services ........................................... SB 34 Hospitals; staff privileges, applications considered
without discrimination .......................................... HB 1328 Hotel Facilities; development authorities, definitions ..................... HB 298 Hotel Facilities; development authorities, definitions ..................... SB 282 Hotel Tax; counties, municipalities, limit amount charged ............... HB 1362 Hotels, Motels; innkeeper, liability for valuables of guests ................ HB 951 House of Representatives; Clerk of House, filling of vacancy
in office .......................................................HB 890 House of Representatives; Clerk, Senate Secretary,
fees for documents ...................................... HB 899
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INDEX

3081

House of Representatives; notify Senate that House has convened ......... HR 435 House of Representatives; reapportion districts 144 and 145 ............. HB 1211 House of Representatives; reapportion districts 15, 16, 28, and 34 ........ HB 1205 House of Representatives; Speaker, limit terms person may serve .......... SR 349 Housing; also SEE Buildings. Housing; factory-built and manufactured, compliance
with legal requirements.......................................... SB 438 Housing; public, prohibit fraudulent practices to obtain .................. SB 214 Housing; Residential Finance Authority, bond requirements,
compensation of public members ................................. HB 1260 Housing; Residential Finance Authority, powers and duties,
repeal Secondary Market Corporation Act.......................... SB 201 Houston County; Magistrate Court, provide ........................... HB 1428 Houston County; Water and Sewer Study Commission, create ........... HB 1650 Houston Judicial Circuit; additional judge ............................. HB 1390 Human Resources Board; medical nominating commission,
create...................................................... SB 413 Human Resources Board; urged to redefine personal care homes........... SR 293 Human Resources Department; adoption records, access.................. HB 309 Human Resources Department; aid to dependent children,
redefine child, unemployed parent ................................. HB 152 Human Resources Department; also SEE Health or Social Services. Human Resources Department; child care centers,
criminal records checks of employees ............................. HB 1083 Human Resources Department; children in custody,
earned-time allowance ........................................... SB 179 Human Resources Department; community work programs, repeal ......... SB 493 Human Resources Department; day care homes, licensing ................ SB 509 Human Resources Department; employees in sheltered employment centers,
State health insurance .......................................... HB 1015 Human Resources Department; employees, 26 pay periods per year ........ SB 231 Human Resources Department; facilities for Industries
for the Blind .................................................. HB 1008 Human Resources Department; handicapped preschoolers, services ......... SB 536 Human Resources Department; health cards to food service
establishment employees ......................................... SB 365 Human Resources Department; juvenile intake workers,
probation officers, state subsidies .................................. SB 528 Human Resources Department; medicaid funds,
preadmission screening required................................... HB 528 Human Resources Department; medicaid recipients in nursing homes,
relatives' supplement ........................................... HB 1235 Human Resources Department; personal care homes, definitions,
registration .................................................... SB 473 Human Resources Department; radiation control,
penalties for violations........................................... HB 457 Human Resources Department; Youth Services Director,
member of State Indemnification Commission....................... SB 191 Human Resources; Vocational Rehabilitation director
removed from classified service .................................. HB 1249 Hunting; also SEE Game and Fish.
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3082

INDEX

Hunting; feral hogs, restrictions....................................... SB 415 Hunting; injuring or killing person, liability, penalty ..................... SB 106 Hunting; requirements when hunting on land belonging to another ........ HB 1250 Hutchinson, B. Ray; sympathy at passing .............................. SR 322

Identification Cards; in lieu of driver's license, passport number for aliens ...................................... HB 1278
Income Tax; also SEE Revenue. Income Tax; corporations, manner of computing ....................... HB 1016 Income Tax; credit for payments to minority subcontractors .............. HB 635 Income Tax; credit for solar energy systems ........................... HB 1242 Income Tax; credit to elderly for sales tax paid
on prescription drugs ......................................... HB 180 Income Tax; frivolous return, penalties for filing ....................... HB 1196 Incompetent Persons; power of attorney, bond and accounting provisions.... SB 368 Indemnification; law enforcement officers, prison guards
and Youth Services Division Director .............................. SB 191 Indigent Persons; Hospital Care Study Committee, joint.................. HR 708 Indigents; legal defense by appointed attorney,
action for damages prohibited .................................... HB 390 Industries for the Blind; facilities .................................... HB 1008 Industry and Trade Department; Governor's Export Council,
create....................................................... SB 213 Institutional Funds; uniform standards for management ............. HB 987 Insurance; cancellation notices, premium finance companies,
return of unearned premiums .................................... HB 1358 Insurance; education boards, accident policies for injuries
to students................................................... HB 1369 Insurance; Employee Welfare Benefit Plan ............................. HB 464 Insurance; health care providers, jurisdiction, regulation .................. HB 464 Insurance; health care providers, peer review groups .................... HB 1276 Insurance; health care providers, regulation............................ SB 458 Insurance; health plan, public school employees, change provisions ......... SB 175 Insurance; health, Fulton and DeKalb Education Boards,
self-insurance .................................................. SB 435 Insurance; Health, Georgia Development Authority employees
eligible for State plan ......................................... HB 1217 Insurance; health, individual policies, other insurers...................... SB 314 Insurance; health, maxillofacial services, required coverage................ SB 377 Insurance; health, mental disorders, coverage requirements................ SB 259 Insurance; health, notice required for policy termination.................. SB 379 Insurance; health, Tommy Nobis employment center employees
covered under State ............................................ HB 1015 Insurance; life and accident, jurisdiction, regulation of providers ........... HB 464 Insurance; mentally retarded in state institutions, payment............... HB 1339 Insurance; motor vehicle accident, canceled, restoration fee
for suspended license and tag.................................... HB 1201
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INDEX

3083

Insurance; motor vehicle accident, driver's license suspension, proof of insurance .............................................. SB 392
Insurance; motor vehicle accident, economic loss benefits ................. HB 398
Insurance; motor vehicle accident, false certification, penalty ............. HB 1220
Insurance; motor vehicle accident, increase coverages, penalties, attorneys' fees................................................. HB 1025
Insurance; motor vehicle accident, increased coverage on DUI conviction .............................................. SB 292
Insurance; motor vehicle accident, no proof of insurance, dismissal of charges ............................................ SB 350
Insurance; motor vehicle accident, operating without coverage, driver's license suspended ........................................ SB 318
Insurance; motor vehicle accident, prohibit cancellation due to accident ..................................................... SB 7
Insurance; motor vehicle accident; subrogation provisions ................ HB 1036
Insurance; No-Fault Liability Study Committee......................... SR 203
Insurance; No-Fault study committee, joint............................... SR 5
Insurance; paid-in capital stock, surplus requirements, Life and Health Guaranty Association, exemptions .................. HB 634
Insurance; taxes on premiums by municipalities and counties, amend Code .................................................. HB 1139
Insurance; taxes on premiums, exemption and reduction provisions ......... SB 456
Insurance; taxes on premiums, population figures, reimbursement and voluntary payment............................ HB 1206
Insurance; taxes on premiums, reimbursement for overpayment, distribution .................................................... SB 491
Interest; also SEE Banking and Finance.
Interest; real estate loans, charges on unpaid interest, certain cases ................................................... SB 547
International Marketplace; recognize .................................. SR 456
Invasion of Privacy; telephone eavesdropping unlawful, definitions.......... SB 422 Investigators; exempt from concealed weapons prohibitions................ SB 434
Investments; institutional funds, uniform standards for management........ HB 987
Involuntary Manslaughter; in commission of unlawful act, penalty........................................................ SB 405
Involuntary Separation; elected officials, retirement benefits prohibited..................................... SR 307
Involuntary Separation; retirement systems, changes by law to existing programs ............................................ SR 274
Involuntary Separation; State employees, procedures for continued employment........................................ SB 355
Involuntary Separation; State employees, public officers, retirement benefits prohibited ..................................... SR 306
Involuntary Separation; State employees, revise provisions ................ SB 354
Ivey, O. Torbitt; commend .................................. ........ SR 475
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3084

INDEX

James, C. H. "Fat" Memorial Highway; designate U.S. Highway 278, Cobb County in honor........................................... SR 383
Jasper County; commissioners, election provisions........................ SB 403 Jasper County; commissioners, urged to designate bridge in honor
of Ezell S. Goolsby ............................................. SR 399 Jasper County; Magistrate Court, provide .............................. SB 474 Jeff Davis County; Commissioners, districts, compensation ............... HB 1624 Jeff Davis County; State Court, create................................ HB 1625 Jefferson County; Commissioners, provisions ........................... HB 1388 Jefferson County; Magistrate Court, provide ........................... HB 1389 Jefferson County; State Court Judge and Solicitor, compensation ......... HB 1386 Jekyll Island State Park Authority; change membership .................. SB 524 Jenkins County; Magistrate Court, provisions .......................... HB 1141 Jenkins County; property conveyance .................................. SR 344 Jenkins, Ed; Congressman, introduced, remarks ........................ Page 243 Jesup, City of; change corporate limits................................. SB 562 Job Training Coordinating Council; coordinate federal
and state employment resources................................... SB 357 Job Training Partnership Act Study Committee......................... SR 427 Johnson County; Magistrate Court, selection of chief ................... HB 1471 Johnson County; State Court, abolish................................ HB 1470 Johnson, Forest L.; commend......................................... SR 405 Johnson, Joseph Laurent; commend ................................... SR 284 Joint Session, General Assembly; invite Supreme Court and
Court of Appeals Justices ........................................ HR 439 Joint Session, General Assembly; State of the State
and Budget message by Governor ................................. HR 438 Joint Session, General Assembly; to unveil portrait
of Richard A. Dent ............................................. HR 475 Joint Sessions; rules governing General Assembly, adopt.................. HR 794 Jones County; Commissioners, election and district provisions ............. SB 275 Jones County; Commissioners, reconstitute board ....................... HB 1404 Jones County; Education Board, reconstitute........................... HB 1403 Jones County; homestead exemption .................................. HB 1402 Jones County; Probate Court Judge, compensation...................... HB 1321 Jones County; Sheriff, compensation ................................. HB 1319 Jones County; Superior Court Clerk, compensation ..................... HB 1318 Jones County; Tax Commissioner, compensation. ....................... HB 1320 Jones, Boisfeuillet; Woodruff philanthropic interests, commend ............ SR 345 Jones, Ethelene; Association of Media Assistants, introduced ............ Page 1063 Judges; also SEE Courts. Judges; municipal courts, residence requirements ....................... HB 1442 Judges; removal from office upon felony conviction ...................... SR 267 Judges; Supreme and Court of Appeals, compensation .................. HB 1024 Judgments; civil practice, equity, change certain provisions ............... SB 472 Judgments; civil practice, execution dockets, records ..................... HB 915 Judgments; traffic offenses, procedures to modify ........................ SB 61
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INDEX

3085

Judicial circuits with institutions for carrying out death sentence; law clerks' compensation ........................................ HB 1332
Judicial Process Review Commission; caseload equalization, study ......... SR 282 Judicial Process Review Commission, Governor's ........................ HR 448
Juries; empanel in county other than trial site .......................... SB 337 Juries; equal strikes for state and defendant, certain trials ................. SB 22 Juries; equal strikes state and defendant, exemption from duty ............. SB 67
Juries; grand, eligibility and advertising provisions, service ................ SB 313 Juries; grand, inspection of county buildings, duties...................... SB 437 Juries; grand, special investigative, state-wide jurisdiction ................. SB 197 Jury Duty; exemptions, judges' authority .............................. HB 1230 Justice of the Peace Courts; abolish and create
magistrate court in each county................................... SB 144 Justice, Equal Access; review of State action against persons,
payment of expenses ............................................ HB 872 Juvenile Court Judges Council; case information ........................ SB 246
Juvenile Proceedings; also SEE Children or Courts, Juvenile. Juvenile Proceedings; child loitering in public,
certain hours unlawful, parent liable, penalties ..................... HB 1029
Juvenile Proceedings; child removed from home, foster care, judicial proceedings, parental rights ............................... SB 425
Juvenile Proceedings; court jurisdiction, 17 year olds, status offender provisions ........................................ SB 138
Juvenile Proceedings; judges commissioned by Secretary of State .......... SB 312 Juvenile Proceedings; orders for restrictive custody, procedures ............ HB 137 Juvenile Proceedings; probation condition, study toward diploma .......... HB 1354 Juvenile Proceedings; protective orders ................................. SB 232
Juvenile Proceedings; state funds to employ intake workers and probation officers ........................................... SB 528
Juvenile Proceedings; termination of parental rights, provisions ............ HB 602 Juvenile Proceedings; training seminars, superior court judges exempt ...... HB 620

Kahn, Joan; commend........................................ SR 290 Kaiser, Roger; commend............................................. SR 452 Kennesaw Mountain National Battlefield Park; include
in Marietta corporate limits ..................................... HB 1665 Kennesaw, City of; change corporate limits............................. SB 564 Kennesaw, City of; change corporate limits............................ HB 1670 Kidney Donors; State employees, leave of absence ...................... HB 559 King, Martin Luther, Jr.; birthday designated legal holiday............... SB 372
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3086

INDEX

Labor Department; Boiler and Pressure Vessels Board, administer safety regulations ..................................... HB 864
Labor; Commissioner Sam Caldwell urged to resign or take leave of absence ..................................................... SR 281
Labor; Commissioner, vacancy in office, provisions....................... SB 498 Labor; deceased employee, payment of wages to survivors ................. HB 46 Labor; elevator safety provisions, powers and duties. ..................... HB 817 Labor; Employment Act, Congress urged to support to minimize impact
of plant closings ................................................ SR 386 Labor; Employment Agency Advisory Council, termination date ........... SB 376 Labor; Employment Security Law, benefits, employee misconduct.......... SB 499 Labor; Employment Security Law, change provisions ................... HB 1171 Labor; Employment Security Law, redefine public opinion
interviewer position ............................................. SB 522 Labor; Employment Security Law, severance pay provisions............... SB 462 Labor; manhole work by one employee unlawful ........................ SB 496 Labor; minimum wage requirement, increase to $3.25 per hour........... HB 1207 Labor; polygraph examinations as condition of employment prohibited...... SB 439 Labor; workers' compensation, appeal provisions......................... SB 341 Labor; workers' compensation, assessments against insurance carriers....... SR 279 Labor; workers' compensation, definitions, volunteer policemen ............ HB 830 Labor; workers' compensation, hearing applications, dismissal ............. SB 361 Labor; workers' compensation, liability of third persons
to employer and employee ....................................... SB 152 Labor; workers' compensation, lump sum payments...................... SB 360 Labor; workers' compensation, proprietor of business elect coverage ........ HB 894 Labor; workers' compensation, records available to employers .............. SB 58 Labor; workers' compensation, vocational rehabilitation benefits ............ SB 57 Lake City Mayor and Council; terms of office ......................... HB 1310 Lake Lanier Islands Development Authority; sales tax exemption,
property purchased............................................. HB 1026 Lamar County; Magistrate Court, provisions........................... HB 1652 La mar County; Superior Court Clerk, method of compensating. .......... HB 1377 Land Sold Under Tax Execution; time period to redeem ................. SB 284 Land, Charlie; commend............................................. SR 329 Land, Senator Ted; excused due to illness................ Pages 1469, 1530, 1614 Landlord and Tenant; also SEE Property. Landlord and Tenant; cable television provisions,
multifamily dwellings ........................................... SB 229 Landlord and Tenant; dispossessory cases, writ of possessions,
rental transaction .............................................. HB 1342 Landlord and Tenant; dispossessory proceedings,
court clerk notify trial judge of appeal............................ HB 1111 Landlord and Tenant; rent control by local government prohibited ......... HB 594 Lastinger, John; commend ........................................... SR 289 Laurens County; commend for interracial cooperation .................... SR 339 Laurens County; Magistrate Court, provide............................ HB 1577
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INDEX

3087

Law Clerks' Compensation; judicial circuits with institutions for carrying out death sentence .................................. HB 1332
Law Enforcement Officer Day; designate February 14, 1984 .............. SR 326 Law Enforcement; agencies exchange information
with Administrator of Fair Business Practices....................... HB 933 Law Enforcement; campus policemen, definitions ........................ SB 537 Law Enforcement; campus policemen, redefine campus .................. HB 1472 Law Enforcement; campus policemen, witness fees. ..................... HB 1215 Law Enforcement; chiefs of police, agency heads,
training requirements........................................... HB 1046 Law Enforcement; criminal records, public inspection .................... SB 340 Law Enforcement; deceased or missing persons,
agencies exchange information ................................... HB 1070 Law Enforcement; examining board investigators,
repeal bond to carry firearms.................................... HB 1416 Law Enforcement; Georgia Bureau of Investigation,
investigative powers ............................................. SB 362 Law Enforcement; indemnification, officers, prison guards. ................ SB 191 Law Enforcement; interstate highways, state patrol duties ................. SB 51 Law Enforcement; motor vehicle equipment safety,
agencies urged to promote ....................................... SR 341 Law Enforcement; motor vehicle flashing lights, firms selling,
supply information ............................................... SB 75 Law Enforcement; motor vehicle stolen, owner notified on recovery,
storage fees .................................................... SB 23 Law Enforcement; officers, retired federal,
exempt from pistol license fees .................................. HB 1132 Law Enforcement; Police Dog Association, commend .................... SR 465 Law Enforcement; police dogs and handlers; certification ................. SB 356 Law Enforcement; schools, teachers deliver confiscated illegal drugs........ SB 526 Law Enforcement; sheriffs, Attorney General provide counsel .............. SB 43 Law Enforcement; sheriffs, county merit board hear employee appeals. .... HB 1191 Law Enforcement; sheriffs, eligibility upon pardon,
vehicular homicide conviction ..................................... HB 706 Law Enforcement; sheriffs, fees for service of process .................... SB 398 Law Enforcement; sheriffs, flashing blue lights on personal auto .......... HB 1090 Law Enforcement; sheriffs, minimum annual salary...................... SB 358 Law Enforcement; sheriffs, retirement fund board, composition ............ HB 977 Law Enforcement; sheriffs, suspended upon felony indictment ............. SB 332 Law Enforcement; sheriffs, training requirements, exemptions ............. SB 452 Law Enforcement; sheriffs, vehicle allowance .......................... HB 1091 Law Enforcement; shoplifting suspect arrested without a warrant,
certain cases ................................................... HB 967 Law Enforcement; State Patrol Uniform Division, compensation ............ SB 97 Law Enforcement; State Patrol, veteran dishonorably discharged,
ineligible ..................................................... HB 1364 Law Enforcement; uniform violation citations, certain offenses.............. SB 99 Law Enforcement; volunteer officers, workers' compensation............... HB 830 Lawson, Roger H.; designate bridge over Ocmulgee River
in Hawkinsville in honor.......................................... SR 42 Lee, Carolyn W.; commend .......................................... SR 438
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3088

INDEX

Lee, Owen G. Parkway; Transportation Department urged to designate Route 231, Brantley County........................... SR 431
Legal Defense for Indigents; Fulton County Public Defender............. HB 1338 Legal Services, Volunteer Agencies; fees, Fulton County ................ HB 1064 Legislation Raising Revenue; originate in either house
of General Assembly ........................................... SR 353 Legislation Raising Revenue; two-thirds vote of
General Assembly required....................................... SR 110 Legislation, Local; General Assembly procedure for enactment ............ HB 889 Legislative Branch; also SEE General Assembly. Legislative Branch; appropriations, line item budget ..................... SR 318 Legislative Branch; appropriations, Senate favors line item budget ......... SR 316 Legislative Educational Research Council; abolish ....................... SB 394 Legislative Retirement; beneficiary payments ........................... HB 144 Legislative Retirement; change definition ............................... SB 128 Legislative Retirement; General Assembly service not creditable
to other systems ............................................... SR 309 Legislative Retirement; no credit for local system service,
no option for Employees' system ................................... SB 63 Legislative Services Committee; expenses of General Assembly members,
set policy ..................................................... HB 1264 Legislative Services Committee; membership, budget estimates,
purchasing duties ............................................... HB 900 Legislative Services Committee, submit annual written report
to General Assembly ........................................... SB 520 Lethal injection; provide for death penalty ............................ HB 1239 Lexington, City of; municipal elections, change date .................... HB 1407 Liberty County; Industrial Authority, membership....................... SB 507 Liberty County; Magistrate Court, selection of chief..................... HB 903 Libraries; county and regional, change provisions ........................ HB 840 Libraries; Public Facilities Authority, counties,
municipalities establish ......................................... SB 334 Libraries; public, defined as project under Education Authority. ........... SB 185 Libraries; public, schools, counties or municipalities,
debt may be incurred to provide .................................. SR 300 Library-Media Clubs; commend ...................................... SR 360 License Plates; also SEE Motor Vehicles. License Plates; motor vehicles, staggered registration..................... SB 396 License Plates; special to commemorate Georgia Tech Centennial. ........ HB 1512 Licenses; SEE Professions or Motor Vehicles. Lie Detector Tests; examiners, licensing requirements .................... SB 359 Lie Detector Tests; limitations, regulations ............................. SB 439 Lie Detectors; Polygraph Operations Study Committee .................. SR 382 Liens; mechanics' and materialmen's, attachment,
leasehold estate, holder of usufruct ................................ SB 245 Liens; mechanics' and materialmen's on property, special cases ............ SB 167 Lieutenant Governor Zell Miller; address ....................... .Pages 29, 2917 Lieutenant Governor Zell Miller; communications ................. .Pages 17, 412 LIFE. BE IN IT Program; relative to ................................. SR 311 Life Imprisonment Without Parole; sentence for murder conviction ......... SB 20 Life Imprisonment Without Parole; sentence, certain cases................ HB 216
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INDEX

3089

Life-Sustaining Procedures, Extraordinary; living will to authorize discontinuance ...................................... SB 186
Lincoln County; Commissioners, compensation ......................... HB 1644 Lincoln County; Superior Court, change terms ......................... HB 1440 Lincolnton, City of; provide new charter .............................. HB 1643 Litter Control Law; change certain provisions........................... HB 571 Littlefield, Senator Bill; resignation letter .......................... Pages 14, 15 Living Will; authorize discontinuance of extraordinary
life-sustaining procedures ........................................ SB 186 Lobbying; regulation, disclosure requirements ........................... SB 228 Lobbyists. ........................ Pages 115, 319, 704, 1139, 1424, 1745, 2401 Local Bills, General Assembly; procedure for enactment.................. HB 889 Local Government; also SEE Counties or Municipalities. Local Government; annexation, municipal, limitations, Marietta ........... SB 446 Local Government; antitrust liability, governing authorities,
exercise of power, immunity ..................................... HB 1317 Local Government; audit procedures and requirements ................... HB 871 Local Government; bingo games authorized by local ordinance ............ SB 261 Local Government; community improvement districts, provisions ........... HR 733 Local Government; consult Attorney General on actions reviewed
by Justice Department under Voting Rights Act ................... HB 1418 Local Government; contracts, limitations and conditions .................. SB 353 Local Government; county commissioners, sales to county,
conflict of interest ........................................ SB 480 Local Government; county education boards,
buy property for vocational education.............................. SB 112 Local Government; county governing authorities adopt
ordinances affecting unincorporated areas .......................... HB 910 Local Government; county grand jury, inspection of buildings ............. SB 437 Local Government; county jurisdiction when boundary is stream
of water ...................................................... HB 1032 Local Government; court fines, retain percentage for expenses ............. SB 539 Local Government; debt, counties and municipalities incur
without referendum, certain cases .................................. SR 19 Local Government; development authorities, define project
relating to hotels ............................................. SB 282 Local Government; development authorities, redefine project
relating to hotel facilities ...................................... HB 298 Local Government; elections, county and municipal contracts ............. HB 969 Local Government; firearms regulation or licensing prohibited ............ HB 1373 Local Government; fortunetelling, county ordinances for violations ......... HB 968 Local Government; grants, incentive to schools ........................... SB 64 Local Government; highway grates, repairs accommodate bicycles ........ SB 222 Local Government; home rule, limit fees for services, Athens ............. HB 298 Local Government; hotel, motel tax, limit charges ...................... HB 1362 Local Government; libraries, county and regional........................ HB 840 Local Government; libraries, debt may be incurred to provide ............. SR 300 Local Government; library facilities authorities.......................... SB 334 Local Government; magistrate courts, change Code provisions ............. HB 946 Local Government; metropolitan area planning
and development commissions, membership ......................... HB 790
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3090

INDEX

Local Government; municipal court judges, residence requirements........ HB 1442 Local Government; redevelopment programs, local law ................... HR 444 Local Government; Resource Recovery Development Authorities........... SB 513 Local Government; revenue bonds issued by local entities,
information to Community Affairs Department..................... HB 1107 Local Government; revenue bonds, procedure for issuing. ................. SB 427 Lockhart, Charlotte, GOAL Award recipient; commend .................. SR 385 Lodge, Albert; commend............................................ SR 334 Loganville, City of; recorder, change qualifications ...................... HB 857 Long County; Magistrate Court, selection of chief. ..................... HB 1551 Lord, Rachel; commend ............................................. SR 446 Lotteries; pari-mutuel wagering on horse racing lawful
with county referendum ......................................... SR 330 Louisville, City of; change date of municipal election ................... HB 1387 Lovein, Robert S.; commend ......................................... SR 407 Low-Voltage Contractors; licensing ................................... HB 1292 Lucas, David; designate walkway over 1-75 in Macon in honor ............ HR 543 Lumpkin County; Chief Magistrate, term of office....................... SB 393 Lumpkin County; Water and Sewerage Authorities, create .............. HB 1532

M
Mableton Parkway; designate State Highway 139 in Cobb County ........ HR 449 Macon County; Education Board, election of members ................... SB 400 Macon Judicial Circuit; superior court judges, compensation .............. SB 471 Macon, City of; change corporate limits .............................. SB 298 Macon, City of; property conveyance to Bibb County .................... HR 541 Maddox, Lester; former Governor, introduced, remarks. ................ Page 1873 Magistrate Court Judges Council; create ............................... SB 517 Magistrate Courts; appeals provisions.................................. HB 986 Magistrate Courts; appeals to state courts from judgments. ............... SB 391 Magistrate Courts; change various Code provisions ...................... HB 946 Magistrate Courts; create in each county .............................. SB 144 Magistrate Courts; fees, maximum of $30 for county violation ............ SB 479 Magistrate Courts; probate judge serving as chief, compensation........... HB 981 Malt Beverages; SEE Alcoholic Beverages. Manhole Work; minimum of two employees required .................. SB 496 Marcus, Sidney J.; auditorium of World Congress Center designated
in honor ...................................................... HR 710 Marcus, Sidney J.; expressing sympathy at passing ...................... SR 376 Marietta-Cobb County Water Authority; membership provisions .......... HB 1611 Marietta, City of; annexation limitation................................ SB 446 Marietta, City of; corporate limits include
Kennesaw Mountain National Battlefield Park ..................... HB 1665 Marion County; Probate Court Judge, serve as chief magistrate .......... HB 1425 Marion County; Sheriff deputy, compensation.......................... HB 1426 Marriage and Family Therapists; licensing provisions ..................... SB 93 Marriage License; county in which issued ............................. HB 1053 Marriage Licenses; repeal blood test requirement......................... SB 98
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INDEX

3091

Marriage; also SEE Domestic Relations. MARTA; board of directors, membership ............................. HB 1233 MARTOC; Metropolitan Atlanta Rapid Transit Overview Committee,
extend to 1986 ................................................. HR 522 Masonic Organizations; commend ..................................... SR 468 Maxeys, City of; reincorporate ...................................... HB 1406 Maxillofacial Services; health insurance coverage ........................ SB 377 Mayors' Day; January 16, 1984 ...................................... SR 297 McBride, Cornell; commend.......................................... SR 288 McCall, Maggie; congratulate on 100th birthday ....................... SR 305 McCoy, Shealy E.; appreciation ...................................... SR 457 McDonald, Larry; express regrets at passing............................ SR 417 McDonald, Larry; Highway 1-75 to Tennessee line designated in honor..... HR 696 McDuffie County; chief magistrate, superior court judges appoint......... HB 1548 McDuffie County; Commissioners, compensation ....................... HB 1547 McDuffie County; Coroner, compensation ............................. HB 1546 McDuffie County; Sheriff and Employees, compensation ................. HB 1545 McDuffie County; Superior Court Clerk, compensation .................. HB 1549 Mclntosh County; commissioners, malpractice in office ................... HB 747 Mclntosh County; Education Board, appoint school superintendent........ HB 1120 Mclntosh County; Education Board, compensation...................... HB 1121 Mclntosh County; Education Board, terms of office .....................HB 1119 Mclntosh County; Industrial Development Authority, create .............. SB 508 Mclntosh County; superior court terms, grand jury provisions ............ HB 1254 Mclntyre, Town of; extend corporate limits............................. SB 476 McKenzie, Therman; commend ....................................... SR 287 Meadow Creek Academy; STAR student Chris Morgan, commend ........ SR 430 Meals Purchased by Public Agencies; competitive bidding ................. HB 87 Mechanics' and Materialmen's Liens; attachment,
leasehold estate, holder of usufruct................................ SB 245 Mechanics' and Materialmen's Liens; special cases
on certain property ............................................. SB 167 Media Assistants, Georgia Association; commend........................ SR 360 Medicaid; certain transactions with state by public officers
not deemed conflict of interest.................................... HB 908 Medicaid; federal funds, Human Resources,
preadmission screening required................................... HB 528 Medicaid; nursing home patients, Board increase monthly allowance .... SB 320 Medicaid; nursing home patients, relatives' supplement.................. HB 1235 Medicaid; sales tax exemption for drugs dispensed to recipients ....... HB 1329 Medicaid; urge Congress to increase personal needs allowance............. SR 332 Medicaid; urge Congress to increase personal needs allowance............. SR 333 Medical Assistance; SEE Medicaid. Medical Consent; cancer patients ...................................... HB 49 Medical Education; state funds to hospitals training residents ............. SB 346 Medical Examiners Board; distribute pamphlet on breast cancer............ HB 49 Medical Examiners, Coroner's Training Council; create ................... SB 50 Medical Examiners, Coroners; amend Post-Mortem Examination Act....... HB 520 Medical Examiners, Coroners; bond requirements ........................ SB 49 Medical Facilities; allow patients to provide blood donors................. SB 453
Refer to numerical index for page numbers

3092

INDEX

Medical Nominating Commission; recommendations for Human Resources Board ........................................ SB 413
Medical Practice; also SEE Physicians or Professions. Medical Practice; grounds for refusal to grant license .................... SB 141 Medical Practice; hospital staff privileges,
discrimination prohibited........................................ HB 1328 Medical Practice; osteopathic and medical colleges evaluation,
licensing. ..................................................... HB 1181 Medical Practice; radiologist, pathologist fees in public hospital,
payment for services ............................................. SB 34 Medical Radiation Health and Safety Study Committee.................. HR 443 Medical Records; disclosure to persons designated by patient. ............. SB 401 Medical Records; released under court order,
persons hospitalized for alcoholism, drug dependency................. SB 455 Meetings Open to Public; exceptions, real estate sales
under discussions ............................................... HB 922 Meetings, Open to Public; revise Code chapter......................... SB 202 Mental Health and Mental Retardation Division;
joint committee to study separation................................ HR 623 Mental Health; clinical records, released under court order ............... SB 455 Mental Health; insurance coverage requirements ........................ SB 259 Mental Health; involuntary hospitalization not exceed 12 months ........... SB 27 Mental Health; patient transfer to federal agency for diagnosis,
treatment....................................................... SB 28 Mental Health; retarded persons, state institutions, respite care
and insurance payments ........................................ HB 1339 Mentally Handicapped; nonprofit homes, ad valorem tax exemption ....... HB 1475 Merit System; adverse actions against employee by
appointing authority, Personnel Board cannot reduce punishment ....... SB 12 Merit System; Personnel Board, expenses and duties ..................... SB 487 Merit System; records confidential .................................... SB 315 Merit System; remove certain employees from classified service........... HB 1249 Meriwether County; property conveyance to
Provident Broadcasting Company ................................. HR 544 Meriwether County; property conveyance............................... SR 301 Meriwether county; property conveyance ............................... SR 315 Military Affairs; also SEE Veterans. Military Affairs; former prisoners of war, license tags.................... SB 457 Military Affairs; national guard, retirement system ....................... SR 50 Military Affairs; officers, notarial services for families
of servicemen .................................................. HB 948 Military Affairs; retirement, service credit.............................. SB 109 Military Affairs; sales to Soviet Union, Congress urged to stop............ HR 866 Milk; U.S. Agriculture Department urged to withdraw
proposed price reduction ......................................... SR 178 Milledgeville, City of; mayor and aldermen, election and terms............ SB 386 Milledgeville, City of; mayor and aldermen, election, terms ............... SB 238 Milledgeville, City of; police court renamed municipal court .............. SB 383 Millen, City of; property conveyance .................................. SR 344 Millen, City of; property conveyance ................................. HR 625 Miller County; Probate Judge serve as chief magistrate ................ HB 1598
Refer to numerical index for page numbers

INDEX

3093

Miller, Lieutenant Governor Zell; address ........................ Pages 29, 2917 Miller, Lieutenant Governor Zell; communications................. .Pages 17, 412 Mineral Exploration; agricultural land with preferential
tax assessment ................................................. HB 989 Minimum Wage; increase to $3.25 per hour ........................... HB 1207 Minority Businesses; preference in purchases or contracts awarded
by State....................................................... SB 198 Minority Subcontractors; income tax credit to persons employing .......... HB 635 Minors; SEE Children. Missing Persons; law enforcement agencies exchange information ......... HB 1070 Mitchell County; Education Board, compensation provisions............... HB 990 Mitchell County; Education Board, compensation....................... HB 1095 Mitchell-Baker High School Football Team; commend ................... SR 275 Mobile Homes; SEE Housing. Montgomery County; Attorney, not required to be county resident........ HB 1179 Montgomery County; Magistrate Court, provisions ..................... HB 1268 Monticello, City of; mayor and council, election provisions................ SB 404 Moore, James Wendell; commend..................................... SR 340 Moped; redefine .................................................... HB 510 Moreland, Thomas D.; commend...................................... SR 474 Moreland, Town of; change corporate limits ........................... HB 1572 Morgan County; Chief Magistrate, appoint constables. .................. HB 1585 Morgan, Chris; Meadow Creek Academy STAR student, commend ........ SR 430 Morgan, Edgar C., Jr.; honor memory ................................. SR 359 Morris, Ashley; bridge, U.S. Highway 441, Atkinson County,
designated in honor ............................................. HR 713 Mortgage Banking Industry Study Committee; create .................... SR 285 Mortgages; also SEE Property. Motor Common Carriers; liability and lien provisions,
transporting certain goods....................................... HB 1073 Motor Common Carriers; provisions relating to private carriers...........HB 1010 Motor Fuel Tax Revenue; interest earned not defined as revenue ........ HB 1229 Motor Fuel Tax Revenue; interest earned not defined as revenue ......... HB 1553 Motor Fuel Tax Revenue; sales tax increase, proceeds ................... .HR91 Motor Vehicle Franchise Practices Act; Senate position relating
to certain manufacturer ......................................... SR 477 Motor Vehicles; abandoned, time requirements.......................... SB 101 Motor Vehicles; ad valorem tax exemption,
transporting handicapped persons ................................. SB 378 Motor Vehicles; alcohol related accidents, information requested
from Highway Safety Office...................................... SR 363 Motor Vehicles; Auto Repair Industry Study Committee ................. SR 298 Motor Vehicles; automobile clubs, licensing and regulation. ............... SB 531 Motor Vehicles; Certificate of Title Act, redefine terms .................. SB 343 Motor Vehicles; certificate of title, hearing complaints, fees .............. HB 1170 Motor Vehicles; driver's license, committee to study
re-examination for renewal....................................... SR 273 Motor Vehicles; driver's license, conditional for minors,
restoration fee................................................. HB 1199 Motor Vehicles; driver's license, emergency vehicle operators.............. SB 345
Refer to numerical index for page numbers

3094

INDEX

Motor Vehicles; driver's license, habitual violators, federal offenses ................................................. SB 426
Motor Vehicles; driver's license, school bus, requirements.............;.. HB 1439 Motor Vehicles; driver's license, suspended, penalty for driving ............ SB 223 Motor Vehicles; driver's license, suspension, certain convictions ............ SB 342 Motor Vehicles; DUI, conviction in other state,
driver's license suspension ....................................... HB 1200 Motor Vehicles; DUI, habitual violators, federal offenses ................. SB 426 Motor Vehicles; DUI, increased insurance coverage...................... SB 292 Motor Vehicles; DUI, prohibit nolo contendere plea,
changes in charges............................................. SB 103 Motor Vehicles; DUI, related accidents, safety information .............. SR 363 Motor Vehicles; equipment safety, urge law enforcement agencies
to promote..................................................... SR 341 Motor Vehicles; equipment, firms selling flashing lights,
information to police ............................................. SB 75 Motor Vehicles; handicapped parking, penalties for violations ............. HB 949 Motor Vehicles; hauling logs, pulpwood, loads must be secured............ SB 546 Motor Vehicles; Inspection Study Committee .......................... SR 389 Motor Vehicles; insurance, canceled, restoration fee,
suspended license and tag ....................................... HB 1201 Motor Vehicles; insurance, cancellation due to accident prohibited ........... SB 7 Motor Vehicles; insurance, driver's license suspension,
proof of insurance .............................................. SB 392 Motor Vehicles; insurance, economic loss benefits........................ HB 398 Motor Vehicles; insurance, false certification, penalty ................... HB 1220 Motor Vehicles; insurance, increase coverages, penalties,
attorneys' fees................................................ HB 1025 Motor Vehicles; insurance, increased coverage after DUI conviction ........ SB 292 Motor Vehicles; insurance, no coverage, driver's license suspended ......... SB 318 Motor Vehicles; insurance, no proof, dismissal of charges................. SB 350 Motor Vehicles; insurance, subrogation provisions ...................... HB 1036 Motor Vehicles; license plates, ad valorem tax, time for payment .......... SB 397 Motor Vehicles; license plates, amateur radio operators,
special design, fees.............................................. SB 538 Motor Vehicles; license plates, commemorate Georgia Tech Centennial ... HB 1512 Motor Vehicles; license plates, staggered registration..................... SB 396 Motor Vehicles; license plates, veterans, former prisoners of war........... SB 457 Motor Vehicles; moped, redefine ..................................... HB 510 Motor Vehicles; motor pools, State, vehicle repairs ...................... HB 451 Motor Vehicles; motorcycle riders, protective devices required,
persons under 18 years .......................................... HB 723 Motor Vehicles; motorcycle safety training, provisions.................... SB 450 Motor Vehicles; motorcycles used for agriculture,
exempt from requirements ...................................... HB 1209 Motor Vehicles; motorcycles, license fees .............................. HB 1568 Motor Vehicles; radar speed detection devices, redefine................... HB 644 Motor Vehicles; registration of heavy vehicles,
proof of federal tax payment .................................... HB 1009 Motor Vehicles; registration, staggered, study committee ................. SR 365 Motor Vehicles; salvage, redefine for certificate of title ................... SB 343
Refer to numerical index for page numbers

INDEX

3095

Motor Vehicles; sheriffs, flashing blue lights authorized on personal car, certain cases.................................... HB 1090
Motor Vehicles; stolen, notification, storage charges to owner .............. SB 23 Motor Vehicles; traffic offenses, procedure
for modifying sentence or judgment ................................ SB 61 Motor Vehicles; traffic offenses, uniform violation citations................ SB 99 Motor Vehicles; trucks unregistered, highway use permits, fees ........... HB 1356 Motor Vehicles; trucks, length requirements ............................ HB 168 Motor Vehicles; trucks, size and weight limitations on highways ........... SB 352 Motor Vehicles; trucks, transporting utility poles, length permits........... SB 468 Motor Vehicles; trucks, weight limitations and exemptions ............... HB 1182 Motor Vehicles; used parts and salvage dealers,
change termination date of Board ................................. SB 145 Motor Vehicles; used parts and salvage dealers, open records .............. SB 24 Motor Vehicles; used, registration time limit for transfer ................. HB 931 Motor Vehicles; windows with reflective material unlawful................ SB 477 Motorcycle Riders; protective devices required, persons
under 18 years of age ......................................... HB 723 Motorcycles; license fee, increase .................................... HB 1568 Motorcycles; Safety Training Programs, provisions....................... SB 450 Motorcycles; used for agriculture, exempt from registration
and licensing .................................................. HB 1209 Moultrie, City of; corporate limits ................................... HB 1606 Mountain Park, City of; mayor's court, change name,
election of judge................................................ HB 845 Municipal Employees Retirement, Joint; revise system .................. HB 1144 Municipal Home Rule; limit fees charged for services, Athens ............ HB 298 Municipalities; also SEE Local Government. Municipalities; audit procedures and requirements ....................... HB 871 Municipalities; bingo games authorized by local ordinance ................ SB 261 Municipalities; contracts, progress payments, limit amount retained ........ SB 347 Municipalities; contracts, purchase or lease limitations ................... SB 353 Municipalities; courts, judges, residence requirements ................... HB 1442 Municipalities; hotel, motel tax, limit charges.......................... HB 1362 Municipalities; incur debt without referendum, certain cases ............... SR 19 Municipalities; insurance premium tax, overpayment, reimbursement ....... SB 491 Municipalities; insurance premium tax, population figures,
reimbursement, voluntary payments .............................. HB 1206 Municipalities; insurance premium taxes, amend Code .................. HB 1139 Municipalities; library facilities authorities ............................. SB 334 Municipalities; recognize and commend ................................ SR 297 Municipalities; redevelopment powers by local law,
referendum requirements......................................... HR 444 Municipalities; revenue bonds, procedures to issue ....................... SB 427 Municipalities; taxation for development authorities,
remove millage limit ........................................... SB 548 Municipalities; Urban Residential Finance Authorities,
board members, compensation .................................... HB 285 Municipalities; veterinarians exempt from occupation tax ................. SB 366 Murder; life imprisonment without parole, alternate sentence............... SB 20
Refer to numerical index for page numbers

3096

INDEX

Murphy, Thomas B.; ballroom of World Congress Center designated in honor ....................................................... HR 706
Murray County; Election Board, create ............................... HB 1499 Murray County; Magistrate Court, provisions .......................... HB 1259 Muscogee County; Chattahoochee Judicial Circuit judges,
salary supplement. ............................................. HB 1450
Muscogee County; Chattahoochee Judicial Circuit, district attorney, salary supplement............................... HB 1451
Muscogee County; Probate Court Judge, compensation ................ HB 1446 Muscogee County; Sheriff, compensation .............................. HB 1447 Muscogee County; State Court Judge, Solicitor, Assistants,
salary........................................................ HB 1443
Muscogee County; Superior Court Clerk, compensation ................. HB 1445 Muscogee County; Tax Commissioner, compensation .................... HB 1448 Muscogee County-Columbus Municipal Court Judge;
serve as chief magistrate........................................ HB 1136 Music Industry Committee; create .................................... SR 303

N
National Guard, Georgia; retirement system for members ................. SR 50 Natural Resources; also SEE Game and Fish or Environmental Protection. Natural Resources; conservation rangers, retain weapon and badge,
certain cases ................................................... HB 465 Natural Resources; dams safety, change certain provisions ............... HB 1174 Natural Resources; deer hunting accidents, efforts to reduce .............. SR 302 Natural Resources; Environmental Protection Division,
powers and duties .............................................. SB 420 Natural Resources; falconry and raptor permits,
hunting feral hogs .............................................. SB 415 Natural Resources; fish, crustaceans,
seines used to take.............................................. SB 482 Natural Resources; Game and Fish Code, change various provisions ...... HB 1195 Natural Resources; hazardous waste materials, immunity from
liability for aid in mitigating damage ............................. HB 1308 Natural Resources; Jekyll Island State Park Authority, membership ....... SB 524 Natural Resources; Oil, Gas and Deep Drilling Act, powers,
Environmental Protection Division................................. SB 419 Natural Resources; oysters and clams, provisions for taking............... SB 442 Natural Resources; Radioactive Waste Management Compact,
revise text .................................................... HB 1267 Natural Resources; remove certain employees from Merit System
classified service .............................................. HB 1249 Natural Resources; Resource Conservation and Development Program,
commend ..................................................... SR 384 Natural Resources; State park in Towns County,
urge feasibility study ............................................ SR 397 Natural Resources; State park lakes, boating rules ...................... SB 174 Natural Resources; trapping, fur dealers, regulations..................... SB 523
Refer to numerical index for page numbers

INDEX

3097

Natural Resources; water systems, public, performance bond ............. HB 1346 Nelson, Town of; mayor and councilmen, election ...................... HB 1676
Newnan, City of; aldermen, election................................... SB 505 Newton County; Commissioners, composition of districts ................. HB 853 Newton County; Education Board, composition of districts................ HB 852
Newton County; Probate Court Judge, serve as chief magistrate........... HB 888 Niekro, Phil; commend .............................................. SR 443 Nobis Employment Center; employees covered under
State health insurance plan ..................................... HB 1015 North Georgia College; scholarships, two per congressional district. ....... HB 1432
North High Shoals, Town of; mayor and council, election ............... HB 1222 Notaries Public; military officers, services for family
of overseas servicemen........................................... HB 948 Notaries Public; revise Code chapter .............................. HB 985
Notla Water Authority, Union County; service area boundaries, debt limitation .............................................. HB 1194
Nurse for General Assembly; Pamela Acree ............................ Page 18
Nurses; liability for injuring patient, state mandated program ............. SB 150 Nursing Homes; also SEE Health. Nursing Homes; disaster plan, auxiliary power generator ................. SB 286
Nursing Homes; medicaid recipients, supplement by relatives ............ HB 1235 Nursing Homes; Medical Assistance Board increase patients'
monthly allowance .............................................. SB 320
Nursing Students; education loan funds available........................ SB 104

o
O'Neal, Ronald Everett; regrets at passing ............................. HR 533 Obscene Material; also SEE Pornography. Obscene Material; distribution to minors unlawful....................... HB 277 Obscene Material; sale, distribution to minors unlawful,
punishment provisions, child molestation ........................... HB 511 Oconee County; Probate Court Judge, serve as chief magistrate .......... HB 1427 Offender Rehabilitation Board; set qualifications and
titles of correctional personnel .................................... SB 338 Offender Rehabilitation Department; also SEE Penal Institutions. Offender Rehabilitation Department; county probation employee
transferred, no involuntary separation.............................. SB 82 Offender Rehabilitation Department; employment of personnel,
board approval not required ..................................... HB 1088 Offender Rehabilitation Department; inmate files confidential ............ HB 1506 Offender Rehabilitation Department; inmate's property deemed
abandoned, disposition .......................................... HB 1089 Offender Rehabilitation Department; inmates, earned-time accrue
after sentence is final ........................................... SB 135 Offender Rehabilitation Department; pretrial release and
diversion programs, community service ............................ HB 1101 Offender Rehabilitation Department; pretrial release program ............. SB 506
Refer to numerical index for page numbers

3098

INDEX

Offender Rehabilitation Department; state inmates to county jails, restrictions ....................................... HB 934
Offender Rehabilitation Department; Youthful Offender Act, repeal........ SB 244 Official Code of Georgia Annotated; revisions and corrections ............ HB 1156
Oglethorpe County; Tax Commissioner, consolidate offices ...............HB 1517 Oil, Gas and Deep Drilling Act; Environmental Protection Division,
powers and duties ............................................. SB 419
Olympics; Georgia Golden, recognize September 27 and 28, 1984 ......... SR 394 Olympics; special for mentally handicapped, commend ................... SR 312 Olympics; 1984 U.S.A. Team and Games, relative to .................... SR 372 Omni Civitan Club of Atlanta; commend .............................. SR 471
Open Meetings; public agency, real estate discussions exempt ............ HB 922 Open Meetings; revise Code chapter.................................. SB 202 Opticians; licensing requirements, change termination date
of State Board ................................................. HB 995 Osteopathic Colleges; inspection for licensing of graduates ...............HB 1181 Osteopathic Medicine; grants to students in certain colleges............... SB 540

Palmetto High School Football Team; commend ..................... SR 296 Palmetto, City of; mayor and councilmen, terms of office ................ HB 1594 Pardons and Paroles; also SEE Penal Institutions. Pardons and Paroles; Board, filing reports, delete requirements ........... HB 1033 Pardons and Paroles; Board, limited power, certain life
imprisonment cases ............................................. HB 216 Pardons and Paroles; parole prohibited, felony convictions
involving physical force .......................................... SR 367 Pardons and Paroles; parole supervision fees ............................ SB 254 Parent-Teacher Organization; property tax exemption .................... SB 441 Parent-Teacher Organization; property tax exemption ................... HB 1122 Parents and Teachers Congress, Georgia; commend...................... SR 343 Parents Anonymous; merger with Committee for Prevention
of Child Abuse, commend ....................................... SR 418 Pari-Mutuel Wagering, Horse Racing; lawful with county referendum...... SR 330 Parker, Ernest L.; regrets at passing .................................. SR 374 Parking, Handicapped; penalties for violations .......................... HB 949 Parks, State; boating regulations on certain lakes........................ SB 174 Parks, State; Jekyll Island Authority, membership....................... SB 524 Partnerships, Uniform Act; enact ..................................... SB 389 Patients; property in possession of hospital,
transfer provisions ............................................. SB 319 Paulding County; Commission Chairman, compensation ................. HB 1306 Paulding County; Education Board, composition of districts .............. HB 1587 Peace Officers; also SEE Law Enforcement. Peace Officers; Standards and Training Council,
training programs, police chiefs, wardens ...... ................... HB 1046 Peace Officers' Annuity and Benefit Fund; board of trustees,
composition .................................................... HB 975
Refer to numerical index for page numbers

INDEX

3099

Peace Officers' Annuity and Benefit Fund; definitions .................... HB 272 Peace Officers' Annuity and Benefit Fund; disability benefits ............... HB 94 Peace Officers' Annuity and Benefit Fund; Study Committee.............. SR 387 Peach County; Commissioners, compensation .......................... HB 1485 Peach County; governing authority, water and sewer charges. ............ HB 1675 Peach State Parkway; Corridor Z highway from Columbus to Brunswick
designated Peach State Parkway ................................. SR 265 Peachtree City; Airport Authority, create ............................. HB 1525 Peevy, Senator Donn; excused from voting ............................ Page 338 Pelham Development Corporation; lease of state-owned property........... SR 313 Penal Institutions; convicted person, confinement during appeal ............ SB 66 Penal Institutions; earned-time allowance accrue after sentence
is final ........................................................ SB 135 Penal Institutions; goods produced, sales to private colleges ............... SB 545 Penal Institutions; habeas corpus, inmate's case not appealed,
Attorney General notice to district attorney ....................... HB 1108 Penal Institutions; habeas corpus, inmates' defense and transfer ........... SB 107 Penal Institutions; inmates, abandoned property, disposition .............. HB 1089 Penal Institutions; inmates, earned time allowance prohibited,
armed robbery sentence.......................................... HB 206 Penal Institutions; inmates files confidential, certain cases. ............... HB 1506 Penal Institutions; inmates limitation of civil actions ..................... SB 463 Penal Institutions; inmates, murder sentence, leave privileges.............. SB 464 Penal Institutions; inmates, possessing contraband, felony punishment ...... SB 448 Penal Institutions; inmates, state, assignment to county jails .............. HB 934 Penal Institutions; life sentence, no parole, certain cases .................. HB 216 Penal Institutions; Pardons and Paroles Board, reports .................. HB 1033 Penal Institutions; parole or earned time prohibited,
felony conviction involving physical force ........................... SR 367 Penal Institutions; parole supervision fees .............................. SB 254 Penal Institutions; personnel, qualifications and titles..................... SB 338 Penal Institutions; probation, community service programs,
liability of participants .......................................... SB 447 Penal Institutions; probation, community service work,
pretrial release and diversion programs ........................... HB 1101 Penal Institutions; probation, community service, court orders ............. SB 148 Penal Institutions; probation, pretrial release provisions................... SB 506 Penal Institutions; probation, special incarceration,
17 to 25 year olds, change provisions ............................. HB 1087 Penal Institutions; probationers, notice of residency,
restitution of moneys owed ....................................... HB 536 Penal Institutions; repeal Youthful Offender Act of 1972 ................. SB 244 Penal Institutions; witness and victim notified of release of defendant,
certain cases .................................................. SB 226 Pensions; SEE Retirement. Perry-Fort Valley Airport Authority; quorum for meetings............... HB 1484 Perry, City of; change council districts................................ HB 1565 Perry, City of; council powers by resolution or motion .................. HB 1566 Perry, H. Holcombe, Jr.; commend.................................... SR 351 Personal Care Homes; definitions, registration........................... SB 473 Personal Care Homes; Human Resources Board urged to redefine ......... SR 293
Refer to numerical index for page numbers

3100

INDEX

Personnel Board, State; expenses and duties ............................ SB 487 Pest Control Compact, Interstate; Georgia be party to .................. HB 1047 Pest Control Licenses; suspension, use of controlled substances ........... HB 1294 Pesticides; U.S. E.P.A. urged to require production
month-year on labels ............................................ HR 650 Pharmacists; registration provisions, intern licenses ..................... HB 1236 Photography Expenses; General Assembly members, payment ............. SB 380 Physician's Assistants; temporary certification requirements .............. HB 1027 Physicians; liability for injuring patient, state mandated program .......... SB 150 Pike County; Commissioners, election districts ......................... HB 1659 Pilcher, Wyman, Jr.; express regret at passing .......................... SR 378 Pistols; also SEE Firearms. Pistols; license to carry, renewal procedures ............................ HB 982 Pistols; license to carry, retired federal law enforcement officials
exempt from fees ........................................... HB 1132 Planning and Budget Office; Energy Resources Office attached ............ SB 236 Plant Closings; notification to State Job Training
Coordinating Council............................................ SB 357 Plant Closings; urge support of Federal Employment Act
to minimize adverse impact ...................................... SR 386 Plunkett, Lamar R.; commend....................................... SR 451 Police Chiefs, Wardens; annual training requirements ................... HB 1046 Police Dog Association, Georgia; commend ............................. SR 465 Police Dogs and Handlers; certification and regulation ................... SB 356 Poll Officers, Municipal Elections; serve in other elections ................ SB 325 Polygraph Examiners; licensing requirements ........................... SB 359 Polygraph Examiners; licensing sanctions, examination limits.............. SB 439 Polygraph Operations Study Committee................................ SR 382 Pooler, Town of; redefine corporate limits ............................. HB 1167 Pornography; also SEE Obscene Material. Pornography; children, material depicting sexually explicit
conduct unlawful ................................................ SB 47 Pornography; sexual exploitations of children, redefine minor as 16 years .... SB 46 Port Facilities; Transportation Committee study......................... SR 415 Post-Mortem Examination Act; coroners, change certain provisions ........ HB 520 Powder Springs Downtown Development Authority; powers and duties. ..... SB 552 Power of Attorney; incompetent persons, bond and accounting provisions.... SB 368 Powers, Beverly; Stockbridge High School STAR teacher, commend ....... SR 429 Powers, Jennifer; Stockbridge High School STAR student, commend...... SR 429 Pregnant Indigent Women; hospitals provide emergency service........... HB 1296 Press Corps, Women Covering Capitol; commend ....................... SR 455 Pretrial Motions, Criminal Cases; courts set time for filing ................ SB 44 Pretrial Procedure; discovery, criminal cases, change provisions ............ SB 336 Pretrial Proceedings; criminal cases, time for trial ....................... SB 335 Pretrial Release Programs; certain offenders, requirements ................ SB 506 Prisons; SEE Penal Institutions. Private Detectives and Security Agencies; licensing provisions ............ HB 1337 Probate Courts; appeals to Court of Appeals or Supreme Court ........... SB 330 Probate Courts; incompetent persons, duties relating
to power of attorney .......................................... SB 368 Probate Courts; judges, service as chief magistrate, minimum salary ....... HB 981
Refer to numerical index for page numbers

INDEX

3101

Probate Courts; judges, service as chief magistrate, provisions ............. HB 946 Probate Courts; Judges' Retirement Fund Board, composition ............. HB 979 Probate Courts; procedures and times for actions....................... HB 1343 Probate of Wills; time for granting order admitting to record ............. HB 983 Probation; also SEE Penal Institutions. Probation; community service programs, liability of
participants limited ............................................. SB 447 Probation; community service work, pretrial release
and diversion programs ......................................... HB 1101 Probation; community service, court orders, remove limitations ............ SB 148 Probation; county employee transfer to state-wide,
no involuntary separation ........................................ SB 82 Probation; education study requirements, juveniles ...................... HB 1354 Probation; Fulton County employees, transfer to state-wide system,
benefits ....................................................... SB 250 Probation; notice of residence to supervisors, restitution
of moneys owed ............................................... HB 536 Probation; pretrial release program, certain offenders .................... SB 506 Probation; special incarceration; 17 to 25 year olds,
provisions..................................................... HB 1087 Problem Drinker and Highway Safety Study Committee ................. SR 362 Professional Practices Commission; per diem expenses.................... SB 488 Professions; Architects Board, renamed,
qualifications of applicants ...................................... HB 1103 Professions; architects, certification provisions ........................... SB 535 Professions; Auctioneers Commission, termination date ................... HB 914 Professions; auctioneers, real estate sales, licensing,
membership of commission ....................................... HB 884 Professions; automobile clubs, associations, licensing ..................... SB 531 Professions; behavioral science, marriage counselors,
social workers, licensing .......................................... SB 93 Professions; Boiler and Pressure Vessels Board, safety rules ............... HB 864 Professions; business opportunities sales, definitions,
investment requirements ........................................ HB 1135 Professions; chiropractors, qualifications, licensing ....................... HB 926 Professions; chiropractors, scope of practice............................. SB 285 Professions; contractors, electrical, plumbing, conditioned air,
licensing....................................................... SB 460 Professions; contractors, low-voltage, licensing.......................... HB 1292 Professions; dietitians, licensing requirements .......................... HB 1133 Professions; engineers and land surveyors,
change certain provisions ........................................ SB 363 Professions; esthetician, cosmetology license requirements ................. SB 497 Professions; examining board investigators,
repeal bond for firearms ........................................ HB 1416 Professions; examining boards, powers and duties,
Senate confirmation of members .................................. SB 149 Professions; fortunetelling, county ordinances to punish violations .......... HB 968 Professions; funeral director, embalmer, licensing requirements ............ HB 994 Professions; health spas, regulations .................................. HB 1208
Refer to numerical index for page numbers

3102

INDEX

Professions; Hearing Aid Dealers Board, termination date,

licensing requirements .......................................... HB 1109

Professions; innkeepers, liability for valuables of guests................... HB 951

Professions; opticians, licensing requirements............................ HB 995

Professions; Osteopathic and Medical Colleges, evaluation

for licensing of graduates ....................................... HB 1181

Professions; pharmacists, registration, intern licenses .................... HB 1236

Professions; Physician's Assistants, temporary certification .............. HB 1027

Professions; physicians, license refused,

drugs or detrimental action ...................................... SB 141

Professions; polygraph examiners, licensing requirements ................. SB 359

Professions; private detectives, license provisions........................ HB 1337

Professions; psychologists, licensing examinations ........................ HB 905

Professions; real estate brokers licensing, branch offices.................. HB 1059

Professions; Recreation Examiners Board,

change termination date ........................................ HB 1153

Professions; Sanitarians, composition of state board ...................... SB 465

Professions; Sanitarians, education requirements

for license renewal.............................................. SB 454

Professions; securities, change regulations ............................. HB 1164

Professions; Used Motor Vehicle Parts and Salvage Dealers Board,

change termination date ......................................... SB 145

Professions; Used Motor Vehicle Parts and Salvage Dealers Board,

composition ................................................. HB 1165

Professions; veterinary technician, certification requirements

HB 1232

Prompt Payment Act; State bills owed, prompt payment required

HB 886

Property Conveyance; Bibb County.................................... HR 541

Property Conveyance; Chattanooga, Tennessee, Amos and Andy Buick ..... HR 487

Property Conveyance; Chattanooga, Tennessee, to the Lord Company ...... HR 478

Property Conveyance; City of Dalton, Depot Lot railroad

property....................................................... HR 504

Property Conveyance; City of Millen, in Jenkins County ................. HR 625

Property Conveyance; City of Millen, Jenkins County.................... SR 344

Property Conveyance; City of Pelham, lease ............................ SR 313

Property Conveyance; City of Swainsboro from

Transportation Department...................................... HR 642

Property Conveyance; City of West Point, annexation of state

owned welcome center property ................................... SR 366

Property Conveyance; City of Woodbury, Meriwether County ............. SR 315

Property Conveyance; Cobb County land from Transportation Department

to Board of Regents ............................................ HR 645

Property Conveyance; DeKalb County land to

American Heart Association, repeal 1982 resolution ................. HR 631

Property Conveyance; Floyd County, Old Farmers' Market ............... HR 482

Property Conveyance; Graysville, Catoosa County ....................... HR 588

Property Conveyance; Henry County .................................. HR 572

Property Conveyance; Meriwether County to

Provident Broadcasting Company ................................. HR 544

Property Conveyance; Meriwether County .............................. SR 301

Property Conveyance; publicly owned to private owner,

tax filing procedures ............................................ SB 534

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INDEX

3103

Property Conveyance; Rhodes Hall, Atlanta, rental agreement for archives .................................................... HR 587
Property Conveyance; Sumter County ................................. HR 590 Property Conveyance; Tattnall County, transmission line easement......... HR 476 Property Conveyance; Washington County. ............................. HR 621 Property Conveyance; Wilcox County.................................. HR 643 Property; abandoned, prison inmate, disposition
by Offender Rehabilitation Department ........................... HB 1089 Property; abandoned, unclaimed tangible or intangible, procedures ......... SB 445 Property; ad valorem tax on inventories, freeport,
continue constitutional exemption ................................ HB 1169 Property; ad valorem tax on inventories, freeport,
exemption application .......................................... HB 1023 Property; ad valorem tax, return filed by unauthorized person
unlawful ...................................................... SB 166 Property; agricultural with preferential tax assessment,
classification, covenant provisions.................................. HB 989 Property; agricultural with preferential tax assessment,
estate heirs, citizenship .......................................... HR 589 Property; condemnation for highways, court appointed guardian ........... SB 316 Property; condemnation proceedings, oath of special master ............... HB 988 Property; condominium, liability for unpaid assessment
after foreclosure ............................................... HB 1270 Property; coordinate system to designate geographic points in state ........ HB 732 Property; deed to secure debt, transfer fees, repeal Code section .......... HB 1034 Property; deeds, transfer tax, exemption for joint tenants ................HB 1112 Property; escheat, change Code provisions ............................. HB 1290 Property; estate sale by one other than petitioner or guardian,
publication.................................................... HB 1344 Property; estates, rebuttable presumption person is capable
of having child during adult life .................................. SB 407 Property; estates, tenancies by entirety, survivorship ..................... SB 317 Property; estates, vesting of interest, pension plans....................... SB 406 Property; hospital, nursing home patient, deceased,
transfer provisions .............................................. SB 319 Property; institutional funds, standards for management
and use of investments .......................................... HB 987 Property; joint tenants, survivorship, severance of interest................ HB 1265 Property; landlord and tenant, dispossessory proceedings,
court clerk notify trial judge of appeal............................ HB 1111 Property; landlord and tenant, rent control by local government
prohibited .................................................... HB 594 Property; life estates ................................................ SB 408 Property; mechanics' and materialmen's liens, attachment,
leasehold estate, holder of usufruct ................................ SB 245 Property; mechanics' and materialmen's liens on certain property .......... SB 167 Property; personal, wrongfully held by another, recovery.................. SB 511 Property; public, conveyed to private owner, notice and filing
for ad valorem tax.............................................. SB 534 Property; rental transactions, writ of possession ........................ HB 1342
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3104

INDEX

Property; State, Atlanta, construction over W&A Railroad property, prior approval required.................... HR 524
Property; stolen, disposition when seized, return to owner................. SB 172 Property; surplus state, monthly report not required ............... ...... HB 414 Property; surplus state, purchases at auction,
public officials may participate................................. HB 1152 Property; tax sales, redemption cost include any taxes paid ............. HB 1006 Property; tax sales, time required for advertising ........................ HB 913 Property; transfer fees, repeal Code section ............................ HB 1034 Property; transfer tax, exemption for joint tenants ...................... HB 1112 Property; trover, procedures for recovery when wrongfully held ............ SB 511 Property; veterinarian's lien, abandoned animal ......................... SB 440 Psychologists; licensing examinations .................................. HB 905 PTA, Georgia; commend ............................................ SR 343 Public Agencies; purchasing meals, competitive bidding ................... HB 87 Public Agencies, Authorities; urged to use carpet manufactured
in Georgia ..................................................... SR 450 Public Assistance; aid to families with dependent children,
committee to study standard of need .............................. HR 675 Public Assistance; community work experience programs, repeal ........... SB 493 Public Housing; prohibit fraudulent practices to obtain................... SB 214 Public Officers; adverse action against employee,
Personnel Board not authorized to reduce punishment................. SB 12 Public Officers; Assistant Attorney General representing
criminal defendant, conflict of interest ............................ HB 1494 Public Officers; conflicts of interest, certain medicaid transactions
with state authorized ........................................ HB 908 Public Officers; conflicts of interest, define transacting business,
disclosure requirements .......................................... SB 480 Public Officers; conflicts of interest, disclosure requirements,
redefine transacting business..................................... HB 1313 Public Officers; coroners, compensation, removal of bodies ................ SB 348 Public Officers; county commissioners, sales to county,
conflict of interest ........................................... SB 480 Public Officers; elected, constitutional officers,
General Assembly members, removal upon felony conviction .......... SR 268 Public Officers; elected, automatic resignation upon qualifying
for different office ............................................... SR 61 Public Officers; elected, involuntary separation,
retirement benefits prohibited ..................................... SR 307 Public Officers; elected, judges, suspension and removal
from office upon felony conviction ................................. SR 267 Public Officers; elected, vacancies in office, provisions .................... SB 498 Public Officers; engage in political activities or run
for local office, certain cases.................................. SB 36 Public Officers; ethics code, public disclosure, regulate lobbying ........... SB 228 Public Officers; expense allowance, service on State boards ............... SB 487 Public Officers; expenses, documentation required ...................... HB 1264 Public Officers; General Assembly members, photography expenses ........ SB 380 Public Officers; indemnification, law enforcement officers
and prison guards............................................... SB 191
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INDEX

3105

Public Officers; involuntary separation, retirement benefits prohibited..................................... SR 306
Public Officers; kidney donors, leave of absence ......................... HB 559 Public Officers; Merit System classified service,
remove certain persons. ......................................... HB 1249 Public Officers; Merit System records confidential ....................... SB 315 Public Officers; military officers, notary public services
for family of overseas servicemen ................................. HB 948 Public Officers; notaries public, revise laws ............................. HB 985 Public Officers; salaries, justices of Supreme Court and Court
of Appeals................................................... HB 1024 Public Officers; salaries, superior court judges, district attorneys,
Attorney General .............................................. HB 1150 Public Officers; sheriffs, Attorney General provide counsel ................. SB 43 Public Officers; statements of professional services fees,
copies...................................................... HB 1102 Public Officers; surplus state property purchased at auction .............. HB 1152 Public Officers; suspended from office upon felony indictment ............. SB 332 Public Retirement Systems Standards Law; enact ........................ SB 94 Public Retirement Systems Standards Law; enact ........................ SB 95 Public Safety Board; change composition............................... HB 633 Public Safety Department; also SEE Law Enforcement or Motor Vehicles. Public Safety Department; driver's license and tag suspended due
to canceled insurance, restoration fee ............................. HB 1201 Public Safety Department; identification card in lieu
of driver's license, passport number for aliens ...................... HB 1278 Public Safety Department; motorcycle safety training .................... SB 450 Public Safety Department; State Patrol Uniform Division,
compensation ................................................... SB 97 Public Safety Department; State Patrol, enforcement duties
on interstate highways............................................ SB 51 Public Safety Department; Uniform Division, dishonorably discharged
veteran ineligible ............................................. HB 1364 Public Safety Department; urged to promote motor vehicle
equipment safety ............................................... SR 341 Public School Employees Health Insurance; change provisions............. SB 175 Public School Employees Retirement Fund; board of trustees,
composition .................................................... HB 973 Public School Employees Retirement; beneficiary payments ............... HB 144 Public Service Commission; also SEE Public Utilities. Public Service Commission; Emergency Telephone System,
regional number toll free ......................................... SB 17 Public Service Commission; railroads, caboose requirements............... SB 414 Public Service Commission; telephone service, toll for calls
within county prohibited, rate requirements.......................... SB 15 Public Service Commission; utility rate increase request,
time for filing ................................................ SB 402 Public Utilities; cable television, unauthorized reception unlawful .......... SB 532 Public Utilities; committee to study rate-making process.................. SR 328 Public Utilities; electric membership corporations,
local zoning, power substations ................................... SB 217
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3106

INDEX

Public Utilities; Emergency Telephone System "911", liability provisions .............................................. HB 518
Public Utilities; Emergency Telephone System, regional "911" toll free........................................... SB 17
Public Utilities; private carriers, redefine, regulations ................... HB 1010 Public Utilities; railroad cars, reflective material
for night operation ............................................ SB 90 Public Utilities; rate increase requests, time for filing .................... SB 402 Public Utilities; telephone records, confidentiality,
court orders, ............................................... HB 904 Public Utilities; telephone service to subdivisions,
provisions....................................................... SB 74 Public Utilities; telephone service, toll calls
within county prohibited, referendum requirements ................... SB 15 Public Utilities; transportation of freight, liability
and lien provisions ............................................. HB 1073 Public Utility Rate-making Process Study Committee .................... SR 449 Public Utility Rate-making Process Study Committee, joint............... SR 328 Public Works Contracts; progress payments,
limit amount retained ........................................... SB 347 Pulaski County; Magistrate Court, provisions ................ ....... ..HB 1117 Purchasing; General Assembly, Legislative Services Committee,
powers and duties .............................................. HB 900 Purchasing, State; preference to Georgia vendors ....................... HB 1067 Putnam County; homestead exemption, residents 65 years or over ........ HB 1632 Putnam County; Magistrate Court, provide............................. SB 475 Putnam County; sheriff and deputies, compensation ...................... SB 384

Quillen, Curtis and Jimmy Henderson; commend........................ SR 472 Quitman County; Probate Court Judge, serve as chief magistrate .......... HB 921
R
Rabies Control; requirements of person bitten........................... SB 258 Rabun County; Education Board, levy one percent sales tax .............. SB 486 Rabun County; High School Band, recognize ........................... SR 435 Rabun County; Sheriff and Deputies, compensation ..................... HB 1678 Racketeer Influenced and Corrupt Organizations Act;
state court solicitor bring actions.................................. SB 431 Radar Speed Detection devices; redefine ............................... HB 644 Radio Operators; Amateur; special license plates ........................ SB 538 Radioactive Waste Management, Southeast Interstate Compact; revise .... HB 1267 Railroad Cars; reflective material required, night operations ............... SB 90 Railroads; caboose requirements, last train car .......................... SB 414
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INDEX

3107

Randolph County; Probate Court Judge, serve as chief magistrate ...... . HB 1253 Rape; false report, punishment provisions ................................ SB 3 Rape; statutory, change age in definition of offense ....................... SB 39 Real Estate Brokers; licensing, branch offices .......................... HB 1059 Real Estate Loans; interest charged on unpaid interest,
certain cases ................................................... SB 547 Real Estate Sales by Public Agencies; open meeting requirements,
exception ...................................................... HB 922 Real Estate Sales; auctioneers, licensing requirements.................... HB 884 Real Estate; also SEE Property. Real Estate; transfer fees, deed to secure debt, repeal Code.............. HB 1034 Real Estate; transfer tax, exemption, certain joint tenants ............... HB 1112 Reapportionment; House of Representatives,
districts 15, 16, 28 and 34, composition ........................... HB 1205 Reapportionment; House of Representatives, districts 144 and 145 ........ HB 1211 Reapportionment; Senate, change districts 10 and 13 .................... SB 388 Records, Public; certain personnel information confidential................ SB 203 Records, Public; criminal records, public inspection ...................... SB 340 Recreation Examiners Board; change termination date .................. HB 1153 Reddish, Senator Riley; 6th district, election........................ Pages 16, 17 Redevelopment Programs; local law, referendum requirements............. HR 444 Regents Board; also SEE Education or University System. Regents Board; commend service of Scott Candler, Jr. ................... SR 473 Regents Board; DeKalb County Junior College as unit
of University System, express approval............................. HR 592 Regents Board; DeKalb Junior College, transfer to University System ...... SB 516 Regents Board; property conveyance of Cobb County land
from Transportation Department.................................. HR 645 Regents Board; state funds to hospitals for training residents.............. SB 346 Residential Finance Authority; bond requirements,
compensation of public members ................................. HB 1260 Residential Finance Authority; powers and duties ....................... SB 201 Resource Conservation and Development Program; commend.............. SR 384 Resource Recovery Development Authorities; provisions .................. SB 513 Resource Recovery Development Authorities; revenue bond information
to Community Affairs Department ............................... HB 1107 Restaurants; food service establishment employees,
health card requirements ........................................ SB 365 Restaurants; urged to designate, post sign for nonsmoking area............ HR 754 Retirement; authorize changes by law to previously existing systems ....... SR 274 Retirement; District Attorneys Emeritus, increase benefits ................ SB 125 Retirement; District Attorneys Emeritus, salary provisions ................. SB 92 Retirement; Employees' annuity, savings fund, define .................... SB 119 Retirement; Employees', annuity, redefine .............................. SB 114 Retirement; Employees', credit, employed by district attorney ............. SB 126 Retirement; Employees', General Assembly members,
remove eligibility option .......................................... SB 63 Retirement; Employees', involuntary separation,
procedures for continued employment.............................. SB 355 Retirement; Employees', involuntary separation, revise ................... SB 354 Retirement; Employees', mandatory age requirements .................... HB 123
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3108

INDEX

Retirement; Employees', military service credit.......................... SB 109

Retirement; Employees', payments to beneficiaries ....................... HB 144

Retirement; Firemen's Pension Fund Board of Trustees, composition ....... HB 974

Retirement; Firemen's Pension Fund, eligibility, benefits.................. HB 169

Retirement; involuntary separation, changes by law

to existing programs ............................................ SR 274

Retirement; involuntary separation, elected officials,

benefits prohibited .............................................. SR 307

Retirement; involuntary separation, State employees,

benefits prohibited ......................................... SR 306

Retirement; involuntary separation, State employees,

procedures for continued employment.............................. SB 355

Retirement; involuntary separation, State employees, revise ............... SB 354

Retirement; Joint Municipal Employees, revise system .................. HB 1144

Retirement; Legislative, change definitions.............................. SB 128

Retirement; Legislative, General Assembly service not creditable

to other systems ................................................ SR 309

Retirement; Legislative, no credit for local system service,

no option for Employees' System................................... SB 63

Retirement; Legislative, payments to beneficiaries ....................... HB 144

Retirement; National Guard members, provide system

........ SR 50

Retirement; Part-time State Employees, joint committee

to study uniform policy .......................................... HR 644

Retirement; Peace Officers' Annuity and

Benefit Fund Board of Trustees, composition. ....................... HB 975

Retirement; Peace Officers' Annuity and Benefit Fund,

definitions, procedures ........................................... HB 272

Retirement; Peace Officers' Annuity and Benefit Fund,

disability benefits ................................................ HB 94

Retirement; Probate Court Judges' Fund board, composition .............. HB 979

Retirement; Public School Employees Fund Board of Trustees,

composition ................................................ HB 973

Retirement; Public School Employees, payments to beneficiaries ....... HB 144

Retirement; public systems, minimum funding standards .................. SB 94

Retirement; public systems, minimum funding standards .................. SB 95

Retirement; Sheriffs' Fund Board, composition, board .................... HB 977

Retirement; State-funded systems, equal increases for all recipients ........ SB 129

Retirement; Superior Court Clerks' Fund Board, composition ............. HB 978

Retirement; Superior Court Judges, membership optional................. SB 116

Retirement; Superior Court Judges, redefine employer ................... SB 127

Retirement; Superior Court Judges, remove provisions relating

to age....................................................... HB 199

Retirement; Superior Court Judges, workers' compensation judge ........... SB 80

Retirement; Teachers, Board of Trustees, composition .................... HB 256

Retirement; Teachers, credit for half-time service ....................... HB 143

Retirement; Teachers, credit for service in certain territories .............. HB 274

Retirement; Teachers, credit for service in Western Hemisphere ............ SB 37

Retirement; Teachers, creditable service provisions ...................... SB 118

Retirement; Teachers, employed in local system, eligibility................. SB 62

Retirement; Teachers, military service credit............................ HB 243

Retirement; Teachers, payments to beneficiaries ......................... HB 144

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INDEX

3109

Retirement; Teachers, postretirement benefits ........................... HB 169 Retirement; Teachers, redefine annuity................................. SB 115 Retirement; Teachers, redefine Board of Trustees. ....................... SB 120 Retirement; Teachers, unused sick leave, service credit ................... SB 117 Retirement; Trial Judges and Solicitors Fund Board,
composition .................................................... HB 976 Revenue Bond Advisory Commission; oversee government
bond financing ............................................... HB 1107 Revenue Bonds; local government authorized to issue, procedures .......... SB 427 Revenue Bonds; local governments file information
with Community Affairs Department ............................. HB 1107 Revenue; ad valorem tax, agricultural property
with preferential assessment, estate heirs, citizenship ................. HR 589 Revenue; ad valorem tax, agricultural property
with preferential assessment, classification, covenant provisions ........ HB 989 Revenue; ad valorem tax, appeals to county equalization boards,
time for filing ................................................. HB 957 Revenue; ad valorem tax, collections, time for payment
to county ................................................... HB 1187 Revenue; ad valorem tax, constitutional changes,
exemptions continued........................................... HB 1169 Revenue; ad valorem tax, county digests, equalization procedures .......... SB 142 Revenue; ad valorem tax, county taxation for development authorities,
remove millage limit ............................................ SB 549 Revenue; ad valorem tax, homes for mentally handicapped exempt. ....... HB 1475 Revenue; ad valorem tax, homestead exemption, filed one time ........... HB 1166 Revenue; ad valorem tax, inventories, freeport exemption applications ..... HB 1023 Revenue; ad valorem tax, motor vehicle license plates,
time for payment .............................................. SB 397 Revenue; ad valorem tax, motor vehicles transporting
handicapped exempt ............................................ SB 378 Revenue; ad valorem tax, municipal taxation for development authorities,
remove millage limit ............................................ SB 548 Revenue; ad valorem tax, parent-teacher organization property exempt .... HB 1122 Revenue; ad valorem tax, parent-teacher organization, property exempt..... SB 441 Revenue; ad valorem tax, public property conveyed to private owner ....... SB 534 Revenue; ad valorem tax, school tax collection, Chatham County,
change population figures ........................................ HB 860 Revenue; ad valorem tax, unlawful for unauthorized persons
to file return for property ........................................ SB 166 Revenue; ad valorem tax, vocational-technical schools, grants ............. SB 436 Revenue; Equalization Board, State, reconstitute,
create Tax Settlement and Compromise Board ...................... HB 957 Revenue; excise tax, hotels and motels, limit amount charged ............ HB 1362 Revenue; garnishment tax execution returned to appropriate court ........ HB 1138 Revenue; homestead exemption disabled veterans ........................ HR 185 Revenue; income tax, corporations, manner of computing ................ HB 1016 Revenue; income tax, credit for solar energy systems installed............ HB 1242 Revenue; income tax, credit, payments to minority subcontractors ......... HB 635 Revenue; income tax, penalties for filing frivolous return ................ HB 1196
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3110

INDEX

Revenue; intangible tax, exemption for transfer of property of joint tenants ................................................ HB 1112
Revenue; legislation originate in either house of General Assembly......... SR 353 Revenue; legislation raising, two-thirds vote required..................... SR 110 Revenue; motor fuel tax, interest earned not defined as revenue ....... HB 1229 Revenue; motor fuel tax, interest earned not defined as revenue .......... HB 1553 Revenue; motorcycle license fee, increase.............................. HB 1568 Revenue; property or funds, unclaimed, notification requirements .......... SB 445 Revenue; property transfer tax, exemption for joint tenants .............. HB 1112 Revenue; sales tax, drugs to Medicaid recipients exempt ................ HB 1329 Revenue; sales tax, estimated tax, remove filing requirements .............. SB 19 Revenue; sales tax, increase for education and transportation,
exempt drugs, eyeglasses .......................................... HR 91 Revenue; sales tax, Lake Lanier Islands Authority
property purchased exempt...................................... HB 1026 Revenue; sales tax, local option by local law
with referendum for public facilities ................................. SR 4 Revenue; sales tax, prescription drugs and eyeglasses exempt............... HR 91 Revenue; sales tax, prescription drugs and eyeglasses exempt.............. HB 901 Revenue; sales tax, prescription drugs, income tax credit to elderly ........ HB 180 Revenue; tax collectors, time for payments to county ................... HB 1187 Revenue; tax sales, counties purchase property, certain cases .............. HB 442 Revenue; tax sales, redemption of property, cost include
any taxes paid ................................................ HB 1006 Revenue; tax sales, time allowed to redeem land ........................ SB 284 Revenue; tax sales, time required for advertising property ................HB913 Revenue; veterinarians exempt from occupation tax ...................... SB 366 Reynolds, Steve; elected to State Transportation Board........ Pages 207, 208, 209 Rhodes Memorial Hall; rental agreement, Archives with Trust
for Historic Preservation ......................................... HR 587 Richards, Roy; commend ............................................ SR 390 Richmond County; Commissioners, composition of Board ................. SB 227 Richmond County; Commissioners, composition of board,
qualifications, election ........................................... HB 534 Richmond County; Education Board, composition ....................... HB 554 Richmond County; Magistrate Court, provide.......................... HB 1436 Richmond County; Officials, compensation ............................ HB 1589 Richmond County; Probate Court Judge Emeritus, pension benefits ........ SB 122 Right to Die; extraordinary life-sustaining procedures,
discontinuance ................................................. SB 186 Ringgold, City of; change corporate limits............................. HB 1520 Riverdale, City of; change corporate limits ............................ HB 1630 Robinson, Eddie; commend................................... SR 291 Rochelle, City of; mayor, recorder's court, punishment imposed .......... HB 1116 Rockdale County; Commissioners, compensation........................ HB 1423 Rockdale County; Coroner, automobile expense allowance ............... HB 1422 Rockdale County; Probate Court Judge, compensation .................. HB 1420 Rockdale County; Public Defender, compensation ....................... SB 492 Rockdale County; Sheriff, compensation .............................. HB 1421 Rockdale County; Sheriff's Department Merit Board, create ............. HB 1323 Rockdale County; Superior Court Clerk, compensation .................. HB 1424
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INDEX

3111

Rockdale County; Tax Commissioner, compensation .................... HB 1419 Rockmart High School Wrestling Team; commend ...................... SR 444 Roll Calls; Morning. ....... Pages 20, 49, 60, 76, 87, 114, 182, 206, 243, 292, 328,
370, 410, 438, 652, 703, 749, 819, 862, 1062, 1132, 1202, 1248, 1317, 1383, 1468, 1528, 1606, 1744, 1839, 1985, 2245, 2400, 2650 Rome Colt All Stars; recognize....................................... SR 354 Rome, City of; commend on 150th anniversary ......................... SR 469
Rossville, City of; corporate limits ................................... HB 1530 Rotary International; recognize ....................................... SR 422 Rowland, Roy; Congressman, introduced, remarks ..................... Page 1470
Rules Committee Report; supplemental calendar ...................... Page 1530 Rules Committee, Senate; Senator Al Holloway named Chairman ....... .Page 412 Rummel, Rebecca; Henry County STAR teacher, commend .............. SR 428 Rural Rehabilitation Committee; create within
State Development Authority ..................................... SB 444

Sales Tax; also SEE Revenue. Sales Tax; estimated tax liability, remove filing requirements .............. SB 19 Sales Tax; Lake Lanier Islands Development Authority,
property purchased exempt...................................... HB 1026 Sales Tax; local option, levy by local law with referendum
to finance public facilities .......................................... SR 4 Sales Tax; one percent increase for education and transportation,
exempt prescription drugs, eyeglasses ............................... HR 91 Sales Tax; prescription drugs and eyeglasses exempt .................... HB 901 Sales Tax; prescription drugs dispensed to Medicaid recipients,
exemption .................................................... HB 1329 Sales Tax; prescription drugs exempt .................................. HB 180 Sanders, Carl; former Governor, introduced, remarks .................. Page 1134 Sanitarians, Professional; composition of state board ..................... SB 465 Sanitarians, Professional; education requirements for license renewal ....... SB 454 Santa Claus, City of; incorporate .................................... HB 1673 Satellite Television Electric Membership Corporation Study Committee..... SR 447 Savannah, City of; education tax funds collected by Chatham County ...... HB 861 Savannah, City of; municipal court judge, compensation.................. HB 519 Savings and Loan Association; redefine in Code, receivership. ............ HB 1149 School Board Members; urged to participate in training
and developmental activities ...................................... SR 432 School Bus Drivers; license requirements, training programs ............. HB 1439 School Buses; transporting handicapped, ad valorem tax exemption ........ SB 378 School Climate Study Committee ..................................... HR 156 Schools; age for beginning ........................................... SB 449 Schools; also SEE Education. Schools; compulsory attendance provisions, home study programs .......... SB 504 Schools; disciplinary tribunals, requirements
of local education boards ........................................ HB 815
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3112

INDEX

Schools; drugs, confiscated, teachers deliver to law enforcement officers ....................................... SB 526
Schools; private, regulation by state agencies prohibited .................. HB 327 Schools; refusal to admit child without guardian, limit circumstances ...... SB 412 Schools; state incentive grants to local systems ........................... SB 64 Screven County; Commissioners, compensation ......................... HB 1456 Secondary Market Corporation Act; revise ............................. SB 201 Secretaries, Professional International; commend ........................ SR 419 Secretary of State; commission juvenile court judges ..................... SB 312 Secretary of State; communications ......................... Pages 17, 115, 319,
704, 1139, 1423, 1745, 2401 Secretary of State; corporations, renewal fees,
notices to shareholders ......................................... HB 1031 Secretary of State; duties relating to secured transactions,
Commercial Code............................ SB 467 Secretary of State; issue call for special elections,
Congress and General Assembly .................................. SB 328 Secretary of State; proposed constitutional amendments,
audio tapes to public libraries ................................... HB 1082 Secretary of State; voter registration list,
cost of supplying computer-run list ............................... HB 1114 Secured Transactions; Commercial Code, requirements,
duties of Secretary of State ..................................... SB 467 Securities Act; provide for uniformity, change regulations ............... HB 1164 Seminole County; Commissioners, change districts ...................... HB 1298 Seminole County; Probate Court Judge, continue as
Chief of Magistrate Court ................................. SB 551 Senate; Audit Subcommittee of Rules, review absences of members ......... SB 33 Senate; committee assignments, Senator Riley Reddish ................... Page 17 Senate; confirmation of State Examining Board appointees. ............... SB 149 Senate; District 6, special election to fill vacancy ................... .Pages 15, 16 Senate; Fiscal and Administrative Affairs Study Committee .............. SR 352 Senate; morning roll calls ...... Pages 20, 49, 60, 76, 87, 114, 182, 206, 243, 292,
328, 370, 410, 438, 652, 703, 749, 819, 862, 1062, 1132, 1202, 1248, 1317, 1383, 1468, 1528, 1606, 1744, 1839, 1985, 2245, 2400, 2650 Senate; notify House the Senate has convened .......................... SR 263 Senate; officials, employees and committees, amend SR 3, salaries........................................................ SR 264 Senate; officials, employees and committees, amend SR 3, salary of Secretary of the Senate ............................. SR 423 Senate; reapportion districts 10 and 13 ................................ SB 388 Senate; Rule 218, suspended to consider Governor's appointments ...... .Page 2658 Senate; Rules Committee report, supplemental calendar ................ Page 1530 Senate; Rules Committee, Senator Al Holloway named chairman ........ .Page 412 Senate; rules governing General Assembly in joint session, adopt .......... HR 794 Senate; rules, adopt ................................................. SR 262 Senate; rules, amend relating to choice of Chamber desks and offices ...... SR 266 Senate; Secretary, House Clerk, filling of vacancy in office ............... HB 890 Senate; Secretary, House Clerk, fees for documents...................... HB 899 Senate; Transportation Committee, Senator Tom Coleman named chairman ..................................................... Page 412
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INDEX

3113

Senator Bill Littlefield; 6th District, resignation letter................ Pages 14, 15 Senator Riley Reddish; 6th district, election ........................ Pages 16, 17 Senior Citizens; SEE Elderly. Sentence; criminal cases, provisions for review ........................... SB 78 Sentence; criminal cases, witness and victim,
notified of release of defendant .................................. SB 226 Sentence; criminal procedure, death penalty by lethal injection ........... HB 1239 Sentence; criminal procedure, felons, prior conviction
in other state .................................................. SB 108 Sentence; criminal procedure, life imprisonment without parole
for murder conviction ............................................ SB 20 Sentence; criminal procedure; prior felony conviction
in other state punishment ....................................... HB 1043 Sexual Crimes; assault, definitions ..................................... SB 52 Sexual Crimes; child molestation, aggravated, penalty provisions........... HB 998 Sexual Crimes; child molestation, punishment, prohibit sale
and distribution harmful materials to minors. ....................... HB 511 Sexual Crimes; statutory rape, change age .............................. SB 39 Sexual Exploitation of Children; redefine minor as 16 years................ SB 46 Sexually Explicit Conduct; children, material depicting unlawful............ SB 47 Sheriffs; Attorney General provide counsel, certain cases .................. SB 43 Sheriffs; change minimum annual salary ............................... SB 358 Sheriffs; county merit board hear employee appeals..................... HB 1191 Sheriffs; eligibility after pardon for vehicular homicide conviction .......... HB 706 Sheriffs; fees for service of process, multiple service same location ......... SB 398 Sheriffs; motor vehicle allowance..................................... HB 1091 Sheriffs; motor vehicle, flashing blue lights on personal auto,
certain cases ................................................. HB 1090 Sheriffs; Retirement Fund Board, composition .......................... HB 977 Sheriffs; suspended from office upon felony indictment ................... SB 332 Sheriffs; training requirements, provide for exemptions ................... SB 452 Ship Named for State; expressing honor at commissioning
of U.S.S. GEORGIA ........................................... SR 398 Shoplifting Suspect; arrested without a warrant, certain cases ............. HB 967 Sky Valley City Council; membership ................................ HB 1466 Sloman, Jay Edward; commend....................................... SR 272 Small Business; state agencies, procedures to reduce
economic impact of regulations ................................... HB 883 Smith, Nonie, Mrs.; commend as centenarian........................... SR 337 Smoking, Nonsmoking Areas; restaurants urged to designate .............. HR 754 Snellville, City of; change corporate limits............................. HB 1488 Snow, Peggy J.; compensate.......................................... HR 445 Social Security; urge Congress to increase allowances
for certain Medicaid recipients ................................... SR 333 Social Security; urge Congress to increase allowances
for certain Medicaid recipients ................................... SR 332 Social Services; aid to dependent children, committee
to study standard of need ........................................ HR 675 Social Services; aid to dependent children, definitions .................... HB 152 Social Services; behavioral science, marriage counselors,
social workers, licensing .......................................... SB 93
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3114

INDEX

Social Services; child care centers, employees, criminal records check.......................................... HB 1083
Social Services; child removed from home, procedures, termination of parental rights .................................... SB 425
Social Services; children, Human Resources custody, earned-time .......... SB 179 Social Services; community work programs, public assistance, repeal ....... SB 493 Social Services; day care homes, licensing .............................. SB 509 Social Services; family day care homes, residential locations ............. HB 1163 Social Services; Family Practice Board, membership, terms .............. HB 1168 Social Services; handicapped preschoolers, services....................... SB 536 Social Services; Job Training Coordinating Council,
federal and state resources ....................................... SB 357 Social Services; medicaid recipients, drugs, sales tax exemption........... HB 1329 Social Services; medicaid, nursing home patients,
relatives' supplement ........................................... HB 1235 Social Services; medicaid, preadmission screening required ................ HB 528 Social Services; medicaid, public officers, conflict of interest............... HB 908 Social Services; medicaid, urge Congress to increase
personal needs allowance. ........................................ SR 333 Social Services; medicaid, urge Congress to increase
personal needs allowance......................................... SR 332 Social Services; nursing home patients, Medicaid Board
increase allowance .............................................. SB 320 Social Services; personal care homes, registration........................ SB 473 Social Services; personal care homes, urge rule changes .................. SR 293 Social Services; pregnant indigent women, hospital services .............. HB 1296 Social Workers; licensing provisions .................................... SB 93 Soft Drinks, Malt Beverages; metal containers
with detachable top unlawful ..................................... SB 373 Soil and Water Conservation District Supervisors; Election Code,
not defined as elected official ................................. HB 1118 Soil Conservation; urge support for Senator Nunn's program.............. HR 759 Solar Energy Tax Credit Act; income tax credit for systems ............. HB 1242 Solicitors; exempt from concealed weapons prohibitions................... SB 434 Solicitors; state courts, qualifications for office .......................... SB 371 Soperton, City of; new charter....................................... HB 1600 South Africa; banks trading with, investment of state funds prohibited ..... SB 543 South Georgia Judicial Circuit; judges, salary supplement ............... HB 1526 South Oaks Road; State Highway 230 south from Byromville,
Dooly County designated ....................................... HR 655 Southern Judicial Circuit; judges, salary supplement .................... HB 1106 Southern Legislators' Conference on Children and Youth;
commend participants ........................................... SR 314 Southwestern Judicial Circuit; Stewart County, change terms
of superior court................................................ HB 919 Southwestern Judicial Circuit; Webster County, change terms
of Superior Court............................................... HB 918 Soviet Union; congress urged stop military and technology sales ........... HR 866 Spalding County; Coroner, compensation .............................. HB 1638 Spalding County; Magistrate Court, costs for law library................ HB 1616 Spalding County; State Court Judge and Solicitor, compensation ......... HB 1642
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INDEX

3115

Staggered Registration of Motor Vehicles Study Committee .............. SR 365 Stapleton, Town of; change to City .................................. HB 1497 Stargel, Joseph H., Jr.; commend ..................................... SR 441 State Court Solicitors; qualifications for office. .......................... SB 371 State Courts; appeals from judgments in magistrate court ................ SB 391 State Courts; solicitor may bring certain actions under RICO Act ......... SB 431 State Debt; libraries, general obligation debt authorized
to provide locally ............................................... SR 300 State Employees; adverse action by appointing authority,
Personnel Board cannot reduce punishment.......................... SB 12 State Employees; also SEE Public Officers. State Employees; attorneys may assist district attorneys .................. SB 443 State Employees; conflicts of interest, disclosure,
redefine transacting business. .................................... HB 1313 State Employees; engage in political activities or run
for local office, certain cases....................................... SB 36 State Employees; expenses, documentation required ..................... HB 1264 State Employees; fringe benefits, value displayed on pay check ............. SR 68 State Employees; health insurance, employees in Tommy Nobis
employment centers covered ..................................... HB 1015 State Employees; health insurance, Georgia Development
Authority employees eligible..................................... HB 1217 State Employees; Human Resources Department salaries,
26 pay periods per year ......................................... SB 231 State Employees; involuntary separation, procedures
for continued employment........................................ SB 355 State Employees; involuntary separation,
retirement benefits prohibited..................................... SR 306 State Employees; involuntary separation,
revise retirement provisions...................................... SB 354 State Employees; kidney donors, leave of absence ....................... HB 559 State Employees; Merit System classified service,
remove certain positions ........................................ HB 1249 State Employees; Merit System records remain confidential............... SB 315 State Employees, Part-Time; joint committee
to study policy for retirement benefits ............................. HR 644 State Employees'; retirement, minimum funding standards ................. SB 95 State Employees'; retirement, minimum funding standards ................. SB 94 State Government; Administrative Services Department,
prompt payment of bills owed .................................... HB 886 State Government; Area Planning and Development Advisory Committee,
advise Community Affairs Department............................. HB 907 State Government; boards, expenses allowance for members............... SB 487 State Government; carpet manufactured in Georgia,
agencies urged to use ........................................... SR 450 State Government; Community Affairs Board, membership ............... SB 331 State Government; contracts, income tax credit
for payments to minority subcontractors. ........................... HB 635 State Government; contracts, progress payments,
limit amounts retained .......................................... SB 347
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3116

INDEX

State Government; contracts, services of architects, engineers, land surveyors........................................ HB 1326
State Government; equal access to justice, payment of expenses incurred from legal proceedings by State ........ HB 872
State Government; executive department forms, consecutively numbered requisitions ............................... HB 698
State Government; forestry potential, agencies assess on State lands........ SR 321 State Government; holidays, designate birthday of
Martin Luther King, Jr. ......................................... SB 372 State Government; Legislative Branch subject
to Administrative Services purchasing ............................. SB 519 State Government; meetings open to public, exception for discussion
of real estate sales .............................................. HB 922 State Government; meetings open to public, revise Code chapter........... SB 202 State Government; metropolitan area planning
and development commissions, membership ......................... HB 790 State Government; motor fuel tax revenue,
interest earned not defined as revenue ............................ HB 1553 State Government; motor fuel tax revenue,
interest earned not defined as revenue ............................ HB 1229 State Government; motor pools, repair of vehicles ....................... HB 451 State Government; professional services fees, agencies,
statements disclosing ........................................... HB 1102 State Government; public property conveyed to private owner,
tax filing requirements. .......................................... SB 534 State Government; public records, personnel information confidential ....... SB 203 State Government; purchasing, preference to Georgia vendors ............ HB 1067 State Government; purchasing, requisitions consecutively numbered ........ HB 698 State Government; small businesses, agency actions
to reduce impact of regulations ................................... HB 883 State Government; state debt, investments in banks with loans
to South Africa prohibited ...................................... SB 543 State Government; surplus state property monthly report
not required, Administrative Services .............................. HB 414 State Growth Policy Commission; reestablish within
Community Affairs Department................................... SB 333 State Parks; boating regulations on certain lakes ........................ SB 174 State Parks; Jekyll Island Authority, membership ....................... SB 524 State Patrol; SEE Law Enforcement or Public Safety Department. State Purchasing; contracts, preference to minority businesses ............. SB 198 State Purchasing; prompt payment of bills owed ........................ HB 886 State School Superintendent; appointed by Board of Education ............ HR 505 Statesboro, City of; Recorder's Court, residency requirements ............ HB 1628 Statutes of Limitation Study Committee ............................... SR 396 Stephens, Betty; regrets at passing .................................... SR 369 Stewart County; Commissioners, three-member board .................... HB 996 Stewart County; Superior Court, change terms.......................... HB 919 Stewart, Lamar; commend ........................................... SR 350 Stockbridge High School; STAR student, Jennifer Powers, commend....... SR 429 Stolen Property; return to owner after seizure .......................... SB 172
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INDEX

3117

Stone Mountain Memorial Association; continue as Stone Mountain State Park Authority........................... HB 438
Stop Drugs at the Source, Mayor's Treaty; commend Chevron USA ....... SR 458 Stop Drugs at the Source, Mayor's Treaty;
commend Executive Park Amoco ................................. SR 460 Stop Drugs at the Source, Mayor's Treaty;
commend organizations participating .............................. SR 459 Student Achievement Improvement and
Teacher Personnel Study Committee ......................... SR 409 Student Loans; health care nursing programs ........................... SB 104 Summers, Louise; commend .......................................... SR 466 Sumter County; property conveyance .................................. HR 590 Sun Belt Parkway; Corridor Z Highway from Brunswick
to Columbus designated ......................................... HR 696 Sunset Law; Auctioneers Commission, change termination date. ...........HB914 Sunset Law; Employment Agency Advisory Council,
.change termination date ......................................... SB 376 Sunset Law; Forestry Board, change termination date................... HB 1062 Sunset Law; Funeral Service Board, change termination date ............ HB 994 Sunset Law; Hearing Aid Dealers Board, change termination date ........ HB 1109 Sunset Law; Opticians Board, change termination date................... HB 995 Sunset Law; Recreation Examiners Board, change termination date ....... HB 1153 Sunset Law; State Growth Policy Commission, change termination date .... SB 333 Sunset Law; Used Motor Vehicle Parts and Salvage Dealers Board,
change termination date ....................................... SB 145 Superior Court Clerks; cost of services, change population figures
to include DeKalb County ....................................... HB 434 Superior Court Clerks; DeKalb County, fees............................ HB 501 Superior Court Clerks; minimum salary based on census figures ........... SB 351 Superior Court Clerks; Retirement Fund Board, composition .............. HB 978 Superior Court Clerks; service in other courts, compensation .............. HB 425 Superior Court Judges Retirement; membership optional ................ SB 116 Superior Court Judges Retirement; redefine employer .................... SB 127 Superior Court Judges Retirement; remove provisions relating
to retirement after age 70 ....................................... HB 199 Superior Court Judges Retirement; workers' compensation law judge,
credit .......................................................... SB 80 Superior Court Judges; District Attorneys, compensation ................ HB 1150 Superior Court Judges; Macon Judicial Circuit, compensation ............. SB 471 Superior Courts; Atlanta Judicial Circuit, additional judge ..............HB 1131 Superior Courts; caseloads, system for equalization ...................... SR 282 Superior Courts; civil cases, time for trial,
exceptions for elderly persons.................................... SB 60 Superior Courts; Clayton Judicial Circuit, additional judge ..............HB 1312 Superior Courts; Cobb Judicial Circuit, additional judge ................. SB 544 Superior Courts; Gwinnett Judicial Circuit Judges, salary supplement ...... SB 494 Superior Courts; Houston Judicial Circuit, additional judge .............. HB 1390 Superior Courts; increase fees and charges, disposition of funds ........... SB 466 Superior Courts; South Georgia Judicial Circuit, judges' salary. .......... HB 1526 Superior Courts; trial transcript, payment for preparation ................ SB 156 Superior Courts; Western Judicial Circuit, judges, salary supplement...... HB 1223
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3118

INDEX

Supersedeas; bonds, appeals, criminal cases............................. SB 432 Supersedeas; bonds, new trial motion, criminal cases ..................... SB 433 Supreme Court and Court of Appeals Justices; invited
to joint session of General Assembly............................... HR 439 Supreme Court, Court of Appeals; justices, change salary ............... HB 1024 Swainsboro, City of; property conveyance from Transportation Department. . HR 642 Swofford, Seals; commend ........................................... SR 463

T
Taiwan; invited as sister state with Georgia ............................ SR 402 Talbot County; Probate Court Judge, serve as chief magistrate ........... HB 1679 Talbotton, City of; new charter ...................................... HB 1640 Taliaferro County; Probate Judge, continue as chief magistrate............ SB 559 Tallapoosa Judicial Circuit; district attorney, compensation ............... HB 680 Tallulah Falls, Town of; municipal court, punishment imposed ........... HB 1542 Tallulah Falls, Town of; new charter ................................. HB 1193 Tattnall County; easement for transmission line across state property....... HR 476 Tattnall County; Sheriff, deputies furnished automobile ................. HB 1186 Tattnall County; State Court, clerical assistant, compensation ............ HB 1161 Taverns; alcohol breath analysis machines required ...................... SB 243 Tax Collectors; time for payment of collections to county................ HB 1187 Tax District at Atlanta International Airport;
study committee, joint........................................... HR 749 Tax Execution; garnishment, returned to appropriate court .............. HB 1138 Tax Sales; change time period allowed to redeem land ................... SB 284 Tax Sales; counties purchase property, certain conditions ................. HB 442 Tax Sales; property, time required for advertising ....................... HB 913 Tax Sales; redemption of property, cost include any taxes paid ........... HB 1006 Tax Settlement and Compromise Board; create ......................... HB 957 Tax, Federal on Heavy Vehicles; proof of payment
required for registration ........................................ HB 1009 Tax, Occupational; county and municipal licenses, veterinarians exempt .... SB 366 Taxation; also SEE Revenue. Taxes; insurance company premiums, exemption, reduction ............... SB 456 Teachers Retirement; Board of Trustees, composition .................... HB 256 Teachers Retirement; Board of Trustees, redefine........................ SB 120 Teachers Retirement; credit for half-time service ........................ HB 143 Teachers Retirement; credit for service in certain territories .............. HB 274 Teachers Retirement; credit for service in Western Hemisphere ............ SB 37 Teachers Retirement; creditable service provisions ...................... SB 118 Teachers Retirement; employed in local system, eligibility ................. SB 62 Teachers Retirement; military service credit ............................ HB 243 Teachers Retirement; payments to beneficiaries ......................... HB 144 Teachers Retirement; postretiremen! benefits ........................... HB 169 Teachers Retirement; redefine annuity ................................. SB 115 Teachers Retirement; unused sick leave, service credit ................... SB 117 Teachers; certificated personnel, classifications
for appropriating salary increases ................................. HB 959
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INDEX

3119

Teachers; deliver confiscated drugs to law enforcement officers ...................................... SB 526
Teachers; performance evaluations and termination provisions ............. SB 230 Teachers; public schools, fringe benefits, value displayed
on pay check stub ............................................... SR 68 Teachers; school disciplinary tribunals, procedures,
requirements of education boards ................................. HB 815 Teachers; sick leave, accumulation .................................... SB 164 Teachers; supervising student teachers, requirements, salary............... HB 928 Telephone Communications Policy Study Committee..................... SR 437 Telephone Eavesdropping; unlawful, definitions .......................... SB 422 Telephone Emergency System, "911"; liability provisions ................. HB 518 Telephone Emergency System, "911"; regional number toll free ............ SB 17 Telephone Records; confidentiality, court orders to produce as evidence ..... HB 904 Telephone Service; to certain subdivisions, requirements ................... SB 74 Telephone Service; toll for calls within county prohibited,
referendum requirements.......................................... SB 15 Television, Cable; service requirements of landlords and tenants,
multifamily dwellings ........................................... SB 229 Television, Cable; Study Committee ................................. SR 424 Television, Cable; unauthorized interception and reception unlawful ....... SB 532 Television, Satellite; Electric Membership Corporation Study Committee . . SR 447 Textbook Study Committee ........................................ SR 434 Theus, Huey J.; commend and invite to appear before Senate ............. SR 338 Thomas County; Manager, create office .............................. HB 1325 Thomaston-Upson County Tax Assessors Board;
repeal Act consolidating ........................................ HB 1189 Tift County; business license tax, firms in unincorporated area ........... HB 1478 Tift County; high school football team, commend ....................... SR 406 Timmerman, H. H., Mrs.; commend as centenarian ..................... SR 337 Toombs County; Education Board, appoint school superintendent ......... SB 565 Toombs County; Education Board, election of members ................. HB 1685 Toombs County; Magistrate Court, provisions.......................... HB 1176 Tort Actions; liability of owners of animals causing injury ................ SB 224 Tort Actions; minors gambling, alcoholic beverage sales,
parent's rights against seller ...................................... SB 339 Tort Actions; physicians, nurses, liability for injuring patient,
state mandated program ......................................... SB 150 Tort Actions; wrongful death of spouse or parent, recovery ................ SB 86 Tort Actions; wrongful death, recovery of punitive damages................ SB 87 Towns County; Commissioner, create officer as governing authority ...... HB 1558 Towns County; Education Board, levy one percent sales tax. .............. SB 495 Towns County; Probate Court Judge, compensation ..................... HB 1629 Towns County; Probate Court Judge, serve as chief magistrate ........... HB 1556 Towns County; Sheriffs deputies, compensation ........................ HB 1559 Towns County; Tax Commissioner, consolidate offices ................... HB 1557 Towns County; urge Natural Resources to study feasibility of state park
on TVA property ............................................... SR 397 Tracy, Phillip; compensate ........................................... HR 451 Trademarks, Infringements; counterfeit goods, court procedure,
punishment provisions .......................................... HB 1123
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3120

INDEX

Traffic Offenses; also SEE Motor Vehicles. Traffic Offenses; DUI, prohibit nolo contendere plea,
changes in charges .............................................. SB 103 Traffic Offenses; sentence or judgment, procedure for modifying ............ SB 61 Traffic Offenses; uniform violation citations........................ SB 99 Transportation Board, State; election of Steve Reynolds ....... Pages 207, 208, 209 Transportation Board, State; election of Tom C. Carr. ........ Pages 209, 210, 211 Transportation Committee, Senate;
Senator Tom Coleman named chairman .......................... Page 412 Transportation Department; also SEE Highways. Transportation Department; commend Thomas D. Moreland .............. SR 474 Transportation Department; contract and bid provisions .................. SB 177 Transportation Department; designate bridge in Hawkinsville
in honor of Roger H. Lawson ..................................... SR 42 Transportation Department; designate bridge in honor of Ezell Goolsby,
Jasper County Commissioners urged............................... SR 399 Transportation Department; designate bridge in Towns County
for Robert L. Anderson, urging................................... SR 445 Transportation Department; designate Corridor Z highway
from Columbus to Brunswick as Peach State Parkway ............... SR 265 Transportation Department; designate Ensign Ashley D. Morris Bridge,
Highway 441, Atkinson County................................... HR 713 Transportation Department; designate Henry E. Dillard Memorial Bridge
in Rabun County .............................................. HR 210 Transportation Department; designate Highway 275, Effingham County
as Ebenezer Church Road ....................................... HR 741 Transportation Department; designate Highway 278, Cobb County,
for C.H. "Fat" James, Sr. ....................................... SR 383 Transportation Department; designate 1-75 as
Lawrence McDonald Highway, Corridor Z Highway, Columbus to Brunswick as Sun Belt Parkway....................... HR 696 Transportation Department; designate Route 231, Brantley County, Owen G. Lee Parkway, urging.................................... SR 431 Transportation Department; designate State Highway 139 as Mableton Parkway ........................................... HR 449 Transportation Department; designate State Highway 230, Dooly County, as South Oaks Road ............................... HR 655 Transportation Department; designate State Highway 72 bridge, Elbert County, for Peyton S. Hawes............................... HR 695 Transportation Department; designate State 19 bridge, Dry Branch in honor of Hubert Floyd Epps ....................... HR 489 Transportation Department; designate walkway over 1-75 in Macon for David Lucas ....................................... HR 543 Transportation Department; motor fuel sales tax, proceeds ................. HR 91 Transportation Department; motor fuel tax revenue, interest earned not defined as revenue ............................ HB 1553 Transportation Department; motor fuel tax revenue, interest earned not defined as revenue ............................ HB 1229 Transportation Department; property conveyance of Cobb County land to Board of Regents. ....................... HR 645 Transportation Department; trucks hauling logs, loads secured ............ SB 546
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INDEX

3121

Transportation Department; trucks, size and weight limitations ............ SB 352 Transportation Department; trucks, transporting wood poles,
length permits.................................................. SB 468 Transportation Department; trucks, unregistered,
highway use permits, fees ....................................... HB 1356 Transportation Department; trucks, weight limitations and exemptions .... HB 1182 Transportation of Freight; liability and lien provisions
moving certain goods ........................................... HB 1073 Transportation Study Committee...................................... SR 415 Trapping Wildlife; regulations ........................................ SB 523 Traveler's Convenience Act; gasoline station services, restrooms ............ SB 53 Treutlen County; Magistrate Court, provisions ......................... HB 1178 Trial Judges and Solicitors Retirement Fund Board; composition .......... HB 976 Trial Records; transcript, payment for preparation....................... SB 156 Trials; criminal cases, motion for new trial, supersedeas bonds ............ SB 433 Trials; elderly persons party in civil cases, time exceptions ................. SB 60 Trials; termination, prejudicial conduct ................................ SB 153 Troup County; Coroner, compensation ................................. HB 850 Troup County; election board, school superintendent, election ............. SB 410 Troup County; Elections and Registration Board, create ................. HB 1671 Troup County; Officials, change compensation .......................... HB 849 Troup County; Small Claims Court Judge, compensation ................. HB 847 Troup County; State Court Judge and Solicitor, compensation ............ HB 848 Troup County; State Court, jurors ................................... HB 1397 Trucks; hauling logs, pulpwood, loads secured........................... SB 546 Trucks; length permits, transporting certain wood poles .................. SB 468 Trucks; maximum combined length ................................... HB 168 Trucks; size and weight limitations .................................... SB 352 Trucks; transporting household, office goods, liability
and lien provisions ............................................. HB 1073 Trucks; unregistered, highway use permits, fees ........................ HB 1356 Trucks; weight limitations and exemptions. ............................ HB 1182 Turner County; Commissioners, composition of board ................... HB 1656 Turner County; Education Board, election of members .................. HB 1657 Turner, David; Henry County STAR Student, commend ................. SR 428 Turner, Mattie; commend as centenarian............................... SR 337 Twiggs County; Commissioners, filling of vacancies ..................... HB 1204 Twiggs County; Education Board, filling of vacancies ................... HB 1203

u
U.S.S. GEORGIA; expressing honor at commissioning ................... SR 398 Unemployment; also SEE Labor. Unemployment Compensation; benefits, employee misconduct ............. SB 499 Unemployment Compensation; Employment Security Law,
change provisions .............................................. HB 1171 Unemployment Compensation; redefine public opinion
interviewer position ............................................. SB 522 Unemployment Compensation; severance pay received, provisions .......... SB 462
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3122

INDEX

Unemployment Tax Act, Federal; urge congress to exempt part-time, agricultural farm labor .......................................... HR 652
Unemployment; community work programs, repeal Code provisions ........ SB 493 Uniform Management of Institutional Funds Act; enact.................. HB 987 Uniform Partnership Act; enact....................................... SB 389 Unincorporated Areas, Counties; governing authorities adopt ordinances ... HB 910 Union County; Commissioner, create office as governing authority ........ HB 1480 Union County; Notla Water Authority, service area boundaries,
debt limitations................................................ HB 1194 Union County; Probate Court Judge, compensation ..................... HB 1608 Union County; Probate Judge, serve as chief magistrate................. HB 1481 Union County; Treasurer, abolish office, transfer duties ................. HB 1479 Universities and Colleges; student incentive grants,
define accredited schools ......................................... SB 514 Universities, Private; penal institutions, products, purchases ............... SB 545 University of Georgia Botanical Garden; designated as
State Botanical Garden.......................................... SR 277 University of Georgia Bulldog Football Team; commend ................. SR 410 University of Georgia Cheerleaders; commend .......................... SR 413 University of Georgia Cheerleaders; introduced ....................... Page 1555 University of Georgia Coach Vince Dooley; commend .................... SR 412 University of Georgia Football Coach, Mike Castronis; commend .......... SR 414 University of Georgia Football Team; introduced ...................... Page 1555 University of Georgia Mascot, UGA IV; commend ...................... SR 411 University System; Administrative Procedure Act requirements ............ HB 327 University System; also SEE Education. University System; Chancellor, repeal Code section
on annual appearance before General Assembly ..................... HB 893 University System; DeKalb Junior College, funding and operation ......... SB 157 University Sj stem; DeKalb Junior College, General Assembly
approval of acquisition .......................................... HR 592 University System; DeKalb Junior College, transfer provisions. ............ SB 516 University System; Eminent Scholars Endowment Trust Fund
study committee ................................................ SR 388 University System; Laboratory, Equipment,
and Library Research Needs Study Committee ..................... SR 324 Upson County; Commissioners; election districts........................ HB 1682 Upson County; Education Board, composition of districts ............... HB 1658 Upson County; Magistrate Court, appointment of chief ................. HB 1660 Upson County; School Superintendent, Education Board appoint. ......... HB 1662 Upson County-Thomaston Tax Assessors Board;
repeal Act consolidating ........................................ HB 1189 Urban County and Municipal Study Committee; joint ................... SR 278 Urban Residential Finance Authorities for Large Municipalities;
board members, compensation .................................... HB 285 Used Motor Vehicle Parts and Salvage Dealers Board; composition ....... HB 1165 Used Motor Vehicle Parts and Salvage Dealers;
change termination date of Board ................................. SB 145 Used Motor Vehicle Parts and Salvage Dealers; open records .............. SB 24 Used Motor Vehicle Registration; time limit for transfer
after purchase.................................................. HB 931
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INDEX

3123

Utilities; also SEE Public Utilities. Utility Company Wood Poles; trucks transporting, length permits.......... SB 468

Van Buren, Abigail "Dear Abby"; commend ........................... SR 461 Venue; civil practice, certain third party cases .......................... SB 370 Venue; criminal cases, empanel jury in county other than trial site ........ SB 337 Veterans; also SEE Military Affairs. Veterans; ad valorem tax exemptions, constitutional requirements ......... HB 1169 Veterans; disabled, homestead exemption ............................... HR 185 Veterans; dishonorably discharged, ineligible for State Patrol............. HB 1364 Veterans; Former Prisoners of War,
special motor vehicle license plates ................................ SB 457 Veterinarian; charges due for services, procedures for disposal............. SB 440 Veterinarians; occupational tax exemption .............................. SB 366 Veterinary Technician; examination requirements.................. HB 1232 Vetoes by Governor .................................... Pages 21, 25, 28, 1228 Victim of Felony Under 17; parental consent to publish name............. SB 247 Victims, Criminal Cases; notified of release of defendant ................. SB 226 Vidalia Onions; provisions for unlawful labeling ......................... SB 209 Vital Records; birth certificates, adopted persons born
in foreign country ............................................. HB 1003 Vital Records; death certificates, filing requirements ..................... SB 501 Vocational Education; county boards buy or sell school property........... SB 112 Vocational Rehabilitation; workers' compensation benefits.................. SB 57 Vocational-Technical Schools; charge tuition, grants
for property tax relief ........................................... SB 436 Voter Registration; also SEE Elections. Voter Registration; change of address, notification requirements ........... HB 942 Voter Registration; Fulton County, post card authorized ................. SB 512 Voter Registration; high school principals as registrars ................... HB 943 Voter Registration; lists, provisions on cost of supplying
computer-run list or tape ............................. HB 1114 Voter Registration; method and time for advertisement,
additional places................................................ SB 323 Voter Registration; places, regulations ................................ HB 1172 Voter Registration; procedure, requirements ............................ HB 940 Voter Registration; procedures....................................... HB 1159 Voting Rights Act, Federal; local governments consult
Attorney General on actions reviewed by Justice Department ........ HB 1418
W
Wages; due deceased employee, payment to survivors ..................... HB 46 Wages; minimum required, $3.25 per hour ............................ HB 1207
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3124

INDEX

Walker County; Coroner, compensation ............................... HB 1531 Walker County; Probate Court, personnel, compensation ................ HB 1527 Walker County; Superior Court Clerk, personnel, compensation .......... HB 1529 Walker County; Tax Commissioner, compensation of personnel........... HB 1528 Walton County; Probate Judge, serve as chief magistrate................ HB 1374 Wardens, Police Chiefs; annual training requirements ................... HB 1046 Ware County; Commission Chairman, duties .......................... HB 1591 Ware County; Education Board, election, appoint superintendent ......... HB 1335 Ware County; Treasurer, abolish office, provide for depositories .......... HB 1666 Ware, Frankie C., Mrs.; commend .................................... SR 425 Warren County; Magistrate Court, provisions .......................... HB 1646 Warren County; Treasurer, abolish office, depository provisions ........... HB 1647 Washington County; property conveyance .............................. HR 621 Water Systems, Public; performance bond requirements ................. HB 1346 Watercraft; boating safety zones, establish at Richard B. Russell Dam ..... SB 451 Watercraft; racing boats, flotation devices not required ................... HB 531 Wayne County; Education Board, change number of members ............ HB 858 Weapons; SEE Firearms. Webster County; Commissioner, compensation ......................... HB 1379 Webster County; Magistrate Court, election of chief..................... HB 920 Webster County; Superior Court; change terms ......................... HB 918 Webster County; Treasurer, compensation ............................. HB 1380 Welfare; SEE Health, Human Resources, or Social Services. West Point, City of; annexation of state owned welcome center ........... SR 366 Western Judicial Circuit; judges, salary supplement. .................... HB 1223 Wheeler County; Education Board, composition ........................ HB 1462 Wheeler County; Magistrate Court, provisions ......................... HB 1177 Whigham, City of; new charter ...................................... HB 1612 White County; Superior Court Clerk, compensation..................... HB 1524 White County; Tax Commissioner, compensation ....................... HB 1482 White County; Water and Sewerage Authority, create .................. HB 1523 White, Debbie; musical interpretation in sign language................... Page 77 Whitfield County; Magistrate Court, provide .......................... HB 1452 Wilcox County; appointment of chief magistrate ....................... HB 1094 Wilcox County; property conveyance .................................. HR 643 Wilcox County; Superior Court Clerk, compensation .................... HB 1092 Wilcox County; Tax Commissioner, consolidate offices .................. HB 1093 Wilkes County; Commissioners, boundaries of districts .................. HB 1653 Wilkes County; Education Board, election provisions ..................... SB 560 Wilkes County; Magistrate Court, provisions .......................... HB 1645 Wilkinson County; homestead exemption, increase allowance .............. HB 961 Wilkinson County; Probate Court Judge, compensation.................. HB 1508 Wilkinson County; Probate Court Judge, serve as chief magistrate ......... HB 962 Wilkinson County; Sheriff, compensation .............................. HB 1507 Wilkinson County; Superior Court Clerk, compensation .................. HB 963 Wilkinson County; Tax commissioner, compensation .................... HB 1509 Williams, Odessa; commend on 100th birthday ......................... SR 299 Williams, Robert J.; sorrow at passing................................. SR 380 Wills; administrators, executors, bond requirements ..................... HB 1011 Wills; administrators, publication requirements ......................... HB 1078 Wills; administrators, waiver of certain publication ..................... HB 1291
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3125

Wills; escheat of property, intestate with no heirs ...................... HB 1290 Wills; estate sale by party other than petitioner or guardian,
publication. ................................................... HB 1344 Wills; heart pacemaker, provisions for sale on death
of person possessing ............................................ HB 1058 Wills; Living, authorize discontinuance of extraordinary
life-sustaining procedures ........................................ SB 186 Wills; priority of claims against an estate ............................... SB 71 Wills; probate, time for granting order admitting to record ............... HB 983 Wills; probate, time period to become conclusive ........................ HB 912 Wills; self-proved, provisions ........................................ HB 1022 Wills; spouse receive maximum allowed by federal law ................... HB 177 Windows, Motor Vehicles; reflective material obstructing unlawful ..... SB 477 Wine; also SEE Alcoholic Beverages. Wineries, Farm; redefine, licensing ................................... HB 1473 Witness Fees; campus policemen if subpoenaed ........................ HB 1215 Witnesses, Victims in Criminal Cases; notified of future release
of defendant ................................................... SB 226 Woodbury, City of; property conveyance ............................... SR 315 Woodruff Philanthropic Interests, Boisfeuillet Jones; commend ............ SR 345 Woodstock, City of; mayor's office, filling of vacancies .................. HB 1492 Workers' Compensation; appeal provision .............................. SB 341 Workers' Compensation; assessments against insurance carriers......... SR 279 Workers' Compensation; definitions, volunteer policemen ................. HB 830 Workers' Compensation; hearing applications, dismissal after 5 years....... SB 361 Workers' Compensation; liability of third persons
to employer and employee ....................................... SB 152 Workers' Compensation; proprietor of business, elect coverage............. HB 894 Workers' Compensation; provision relating to lump sum payments ........ SB 360 Workers' Compensation; records available to employers, certain cases ....... SB 58 Workers' Compensation; Task Force, create joint study committee .......... SR 77 Workers' Compensation; vocational rehabilitation provisions................ SB 57 World Congress Center; auditorium designated in honor
of Sidney J. Marcus ............................................ HR 710 World Congress Center; ballroom, designate in honor
of Thomas B. Murphy. .......................................... HR 706 World Understanding and Peace Day; recognize Rotary Clubs ............ SR 422 Worth County; Commissioners, compensation .......................... HB 1464 Wrongful Death; tort actions, recovery for death of spouse or parent........ SB 86 Wrongful Death; tort actions, recovery of punitive damages................ SB 87 Wyke, William; Meadow Creek Academy STAR teacher, commend ....... SR 430

Youthful Offender Act of 1972; repeal................................ SB 244
Z Zebulon, City of; city council election districts .......................... SB 550
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