Journal of the Senate of the State of Georgia regular session 1985, volume I, commenced at Atlanta, Georgia, Monday, January 14, 1985 and adjourned Friday, March 8, 1985

Compiler's Note
The Journal of the Senate for the regular session of 1985 is bound in two separate volumes. Volume I contains January 14, 1985 through February 21, 1985. Volume II contains February 22, 1985 through March 8, 1985 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1985
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 14, 1985 and adjourned Friday, March 8, 1985

OFFICERS
OF THE
STATE SENATE
1985
ZELL MILLER ....................... President (Lieutenant Governor)
TOWNS COUNTY
JOSEPH E. 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
FAYE MOORE ................................... Information Clerk
GWINNETT COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1985-1986

Senators

District Address

Frank A. Albert............................. 23rd .... Augusta

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

A. Quillian Baldwin, Jr. ...................... 29th .... LaGrange

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

Roy E. Barnes .............................. 33rd ....Mableton

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

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

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

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

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

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

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

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

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

J. Tom Coleman ............................. 1st .... Savannah

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Waymond C. Huggins ....................... 53rd .... LaFayette

Joseph E. Kennedy ........................... 4th .... Claxton

Culver Kidd ................................ 25th .... Milledgeville

Senators

District Address

Ted J. Land ................................ 16th .... Columbus Arthur Langford, Jr.......................... 35th .... Atlanta Sam P. McGill.............................. 24th .... Washington Lewis H. (Bud) McKenzie.................... 14th .... Montezuma Donn M. Peevy ............................. 48th .... Lawrenceville Ed Perry .................................... 7th .... Nashville R. T. (Tom) Phillips.......................... 9th .... Stone Mountain Walter S. Ray .............................. 19th .... Douglas Riley Reddish................................ 6th ....Jesup Albert (Al) Scott............................ 2nd .... Savannah David Scott ................................ 36th .... Atlanta Terrell Starr ................................ 44th .... Forest Park Lawrence (Bud) Stumbaugh .................. 55th .... Stone Mountain Horace Tate ................................ 38th .... Atlanta Jimmy Hodge Timmons ...................... 11th .... Blakely James E. Tolleson .......................... 32nd .... Smyrna Paul Trulock ............................... 10th .... Climax Loyce W. Turner............................. 8th .... Valdosta James W. (Jim) Tysinger..................... 41st . . . .Atlanta Eugene P. (Gene) Walker .................... 43rd .... Clarkston

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1985-1986

Representatives

District

Address

Aaron, Betty ....................... 56 .............. Decatur

Adams, G. D ....................... 36 .............. Hapeville

Adams, Marvin ..................... 79 ............. .Thomaston

Aiken, Fred ........................ 21, Post 1 ........ Smyrna

Alford, Dean ....................... 57, Post 3 ........ Lithonia

Alien, Roy L. ..................... 127 .............. Savannah

Anderson, Wendell T., Sr.............. 8, Post 1 ........ Canton

Argo, Bob ......................... 68 .............. Athens

Athon, Troy A. ..................... 57, Post 1 ........ Conyers

Atkins, Bill ........................ 21, Post 3 ........ Smyrna

Auten, Dean G. ................... 156 .............. Brunswick

Bailey, Frank I., Jr. ................. 72, Post 5 ........ Riverdale

Balkcom, Ralph J. ................. 140 .............. Blakely

Bannister, E. Charles ................ 62 .............. Lilburn

Bargeron, Emory E. ................ 108 .............. Louisville

Barnett, Bill H...................... 10 .............. Cumming

Barnett, O. M. (Mike)............... 59 .............. Lilburn

Beck, James M. ................... 148 .............. Valdosta

Benefield, Jimmy W. ................ 72, Post 2 ........ Jonesboro

Benn, Lorenzo...................... 38 .............. Atlanta

Birdsong, Kenneth W. (Ken) ........ 104 ............. .Gordon

Bishop, Sanford D., Jr. .............. 94 .............. Columbus

Bolster, Paul ....................... 30 .............. Atlanta

Bostick, Henry .................... 138 ............. .Tifton

Branch, Paul S., Jr. ................ 137 .............. Fitzgerald

Bray, Claude A., Jr.................. 91 .............. Manchester

Brooks, Tyrone ..................... 34 .............. Atlanta

Brown, George M. .................. 88 .............. Augusta

Brown, Joe E. ..................... 154 .............. Hinesville

Buck, Thomas B. Ill ................ 95 .............. Columbus

Burruss, A. L. (Al) ................. 20, Post 2 ........ Marietta

Byrd, Roger C. .................... 153, Post 2 ........ Hazelhurst

Carter, Hanson .................... 146 .............. Nashville

Chambless, Tommy ................ 133 .............. Albany

Chance, George A., Jr. ............. 129 ............. .Springfield

Cheeks, Don ....................... 89 ............. .Augusta

Representatives

District

Address

Childers, E. M. (Buddy) ............. 15, Post 1 ........ Rome Childs, Mrs. Mobley (Peggy) ......... 53 .............. Decatur Clark, Betty J. ..................... 55 .............. Atlanta Clark, Louie Max................... 13, Post 1 ........ Danielsville Colbert, Luther S. .................. 23 .............. Roswell Coleman, Terry L. ................. 118 .............. Eastman Colwell, Carlton H. .................. 4, Post 1 ........ Blairsville Connell, Jack....................... 87 .............. Augusta Cooper, Bill ........................ 20, Post 3 ........ Marietta Copelan, Jesse, Jr. ................. 106 .............. Eatonton Couch, Barbara H................... 40 .............. Atlanta Cox, Walter E. .................... 141 .............. Bainbridge Crawford, John G. ................... 5 .............. Lyerly Crosby, Tom, Jr.................... 150 .............. Waycross Cummings, Bill ..................... 17 .............. Rockmart Daugherty, J. C. .................... 33 .............. Atlanta Davis, J. Max ...................... 45 .............. Atlanta Dean, Douglas C. ................... 29 .............. Atlanta Dixon, Harry D.................... 151 ..............Waycross Dobbs, Denny M. ................... 74 .............. Covington Dover, William J. ................... 11, Post 1 ........ Clarkesville Dunn, Wesley ...................... 73 .............. McDonough Edwards, Ward .................... 112 .............. Butler Evans, Warren D.................... 84 .............. Thomson Felton, Dorothy ..................... 22 .............. Sandy Springs Foster, Philip A. (Phil) ............... 6, Post 2 ........ Dalton Galer, Mary Jane ................... 97 .............. Columbus Godbee, John F. ................... 110 .............. Brooklet Goodwin, Bill ...................... 63 .............. Norcross Greene, Gerald E................... 130 .............. Cuthbert Greer, John W...................... 39 .............. Atlanta Groover, Denmark, Jr. ............... 99 .............. Macon Hamilton, DeWayne................ 124 .............. Savannah Hanner, Bob ...................... 131 ..............Parrott Hasty, W. G., Sr. (Bill) .............. 8, Post 2 ........ Canton Hays, Forest, Jr. ..................... 1, Post 2 ........ Flintstone Heard, Paul W., Jr. ................. 43 .............. Peachtree City Hill, James P. (Jim) ................ 83 .............. Martinez Holcomb, C. E. (Ed) ................ 72, Post 3 ........ Jonesboro Holmes, Bob ....................... 28 .............. Atlanta Hooks, George.....................116 ..............Americus Home, Frank...................... 103 .............. Macon Hudson, Newt..................... 117 .............. Rochelle Isakson, Johnny..................... 21, Post 2 ........ Marietta

Representatives

District

Address

Jackson, Jerry D. .................... 9, Post 3 ........ Chestnut Mountain
Jackson, Neal ...................... 65 ..............Monroe Jamieson, Mary Jeanette............. 11, Post 2 ........ Toccoa Johnson, Diane Harvey .............. 123 ............. .Savannah Johnson, Frank B.................... 21, Post 4 ........ Smyrna Johnson, Rudolph ................... 72, Post 4 ........ Morrow Johnson, Suzi ...................... 76 .............. Orchard Hill Kilgore, Thomas M. ................. 42 .............. Douglasville Kingston, Jack..................... 125 .............. Savannah Lane, Bob ........................ 111 .............. Statesboro Lane, Dick ......................... 27 .............. East Point Lawler, Terry ...................... 20, Post 5 ........ Clarkdale Lawrence, Tom ..................... 49 .............. Stone
Mountain Lawson, Bobby ...................... 9, Post 2 ........ Gainesville Lee, Bill ........................... 72, Post 1 ........ Forest Park Lee, Carolyn ....................... 70 .............. Carrollton Linder, John ....................... 44 .............. Dunwoody Logan, Hugh ....................... 67 .............. Athens Long, Bobby ...................... 142 .............. Cairo Lord, Jimmy ...................... 107 ............. . Sandersville Lucas, David E. ................... 102 ..............Macon Lupton, John M..................... 25 .............. Atlanta Maddox, J. C........................ 7 .............. Calhoun Mangum, William C., Jr. (Bill) ....... 57, Post 2 ........ Decatur Martin, Charles C. .................. 60 .............. Buford Martin, Jim ........................ 26 .............. Atlanta Matthews, Hugh D. ................ 145 .............. Moultrie McDonald, Lauren, Jr. (Bubba)....... 12 .............. Commerce McKelvey, Forrest L................. 15, Post 2 ........ Lindale McKinney, J. E. (Billy).............. 35 .............. Atlanta Milam, Wade ...................... 81 .............. LaGrange Milford, Billy ...................... 13, Post 2 ........ Hartwell Moody, Lundsford ................. 153, Post 1 ........ Baxley Moore, James C.................... 139 .............. West Green Morton, Chesley V. ................. 47 .............. Tucker Mostiler, John L. ................... 75 .............. Griffin Moultrie, Roy D. ................... 93 .............. Hamilton Mueller, Anne ..................... 126 .............. Savannah Murphy, Thomas B. ................. 18 .............. Bremen Oliver, Clinton .................... 121 .............. Glennville Oliver, Donald F. .................... 1, Post 1 ........ Chickamauga Padgett, Mike ...................... 86 .............. Augusta

Representatives

District

Address

Pannell, James L. (Jim) ............ 122 .............. Savannah Parham, Bobby Eugene ............. 105 .............. Milledgeville Parrish, Larry J. "Butch" ........... 109 ............. .Swainsboro Patten, Robert L. .................. 149 .............. Lakeland Peters, Robert G. (Bob) .............. 2 .............. Ringgold Pettit, Boyd ........................ 19 .............. Cartersville Phillips, L. L. (Pete) ............... 120 .............. Soperton Pinkston, Frank C. ................. 100 ..............Macon Porter, DuBose .................... 119 .............. Dublin Rainey, Howard H. ................ 135 .............. Cordele Ramsey, Tom ....................... 3 .............. Chatsworth Ramsey, Virginia P. ................ 155 .............. Brunswick Randall, William C. (Billy) ......... 101 .............. Macon Ransom, Dick ...................... 90 .............. Augusta Ray, Robert........................ 98 .............. Fort Valley Reaves, Henry L. .................. 147 .............. Quitman Redding, Frank L., Jr................ 50 .............. Decatur Richardson, Eleanor L. .............. 52 .............. Decatur Robinson, Cas ...................... 58 .............. Stone
Mountain Robinson, Pete ..................... 96 .............. Columbus Ross, Ben Barren ................... 82 .............. Lincolnton Royal, A. Richard ................. 144 .............. Camilla Russell, John D. .................... 64 .............. Winder Selman, Mrs. Helen ................. 32 .............. Palmetto Shepard, J. Neal, Jr. ................ 71 .............. Newnan Sherrod, Alien ..................... 143 .............. Coolidge Sinkfield, Georganna ................ 37 .............. Atlanta Sizemore, Earleen .................. 136 .............. Sylvester Smith, Larry ....................... 78 .............. Jackson Smith, Paul E. ..................... 16 .............. Rome Smith, Tommy .................... 152 .............. Alma Smyre, Calvin ...................... 92 .............. Columbus Stancil, Frank E. ................... 66 .............. Watkinsville Steinberg, Cathey W................. 46 .............. Atlanta Thomas, Charles .................... 69 .............. Temple Thomas, Mable ..................... 31 .............. Atlanta Thompson, Steve.................... 20, Post 4 ........ Austell Townsend, Kiliaen V. R. (Kil) ........ 24 .............. Atlanta Triplett, Tom...................... 128 .............. Savannah Twiggs, Ralph ....................... 4, Post 2 ........ Hiawassee Waddle, Ted W. ................... 113 ............. .Warner Robins Waldrep, Kenneth................... 80 .............. Forsyth Walker, Charles W. ................. 85 .............. Augusta

10

Representatives

District

Address

Walker, Larry . .................... 115 .................. Perry Wall, Vinson ....................... 61 .................. Lawrenceville Ware, J. Crawford .................. 77 .................. Hogansville Watson, Roy H., Jr. (Sonny) ........ 114 .................. Warner Robins Watts, Charlie. ..................... 41 .................. Dallas White, John ....................... 132 ..................Albany Wilder, Tom ....................... 21, Post 5 ........ Marietta Williams, Betty Jo .................. 48 .............. Atlanta Williams, Juanita Terry.............. 54 .............. Atlanta Williams, Roger ..................... 6, Post 1 ........ Dalton Wilson, Joe Mack................... 20, Post 1 ........ Marietta Wood, Joe T......................... 9, Post 1 ........ Gainesville Workman, Ken ..................... 51 .............. Decatur Yeargin, Charles W. ................ 14 .............. Elberton Young, Mary...................... 134 .............. Albany

11

12

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 14, 1985 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 1985-1986 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.

The President introduced the chaplain of the day, Reverend Allan Lockerman, pastor of McConnell Memorial Baptist Church, Hiawassee, Georgia, who offered scripture reading and prayer.

The following communication from Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1984, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached three pages of typewritten matter are a true and correct list of the State Senators as elected in the November 6, 1984 General Election; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 19th day of November, 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 Ninth.

(SEAL)

/s/ Max Cleland Secretary of State

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY

November 6, 1984 General Election

District 1 2 3

Counties Portion of Chatham Portion of Chatham Portion of Bryan, Portion of

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

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

JOURNAL OF THE SENATE

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

Joseph E. Kennedy
Joe Burton Riley Reddish
Ed Perry Loyce W. Turner Tom Phillips Paul H. Trulock Jimmy Hodge Timmons
Al Holloway Rooney L. Bowen
Bud McKenzie Floyd Hudgins Ted J. Land Janice Horton Ed Barker Walter S. Ray
Hugh Gillis, Sr.
Bill English
Thomas F. Allgood Frank A. Albert Sam McGill
Culver Kidd

MONDAY, JANUARY 14, 1985

15

Jones, Morgan, Putnam

and Wilkinson

26 Portion of Bibb

Richard L. Greene

27 Portion of Bibb, Crawford,

W. F. (Billy) Harris

Lamar, Monroe and Upson

28

Coweta, Pike and Spalding

Kyle T. Cobb

29 Portion of Carroll, Harris,

Quillian Baldwin

Heard, Meriwether and Troup

30 Portion of Carroll and Portion Wayne Garner

of Douglas

31

Portion of Bartow, Haralson,

Nathan Dean

Paulding and Polk

32 Portion of Cobb

Jim Tolleson

33 Portion of Cobb

Roy E. Barnes

34 Portion of Douglas, Fayette

Bev Engram

and Portion of Fulton

35

Portion of Fulton

Arthur Langford, Jr.

36 Portion of Fulton

David Scott

37 Portion of Cherokee and

Carl Harrison

Portion of Cobb

38 Portion of Fulton

Horace Edward Tate

39 Portion of Fulton

Julian Bond

40 Portion of Fulton

Paul D. Coverdell

41

Portion of DeKalb

James W. (Jim) Tysinger

42 Portion of DeKalb

Pierre Howard

43 Portion of DeKalb

Eugene Walker

44 Portion of Clayton

Terrell A. Starr

45 Newton, Rockdale and Walton Harrill L. Dawkins

46 Clarke, Portion of Jackson and Paul Broun

Oconee

47 Banks, Elbert, Franklin, Hart, M. Parks Brown

Portion of Jackson and Madison

48 Barrow and Portion of Gwinnett Donn Peevy

49 Portion of Forsyth and Hall

Nathan Deal

50 Dawson, Habersham, Lumpkin, John C. Foster

Rabun, Stephens, Towns,

Union and White

51

Portion of Cherokee, Fannin,

Max Brannon

Gilmer, Gordon, Pickens and

Portion of Whitfield

52 Portion of Bartow and Floyd

Ed Hine

53

Portion of Catoosa, Chattooga, Waymond (Sonny) Huggins

Dade and Walker

54 Portion of Catoosa, Murray

W. W. (Bill) Fincher, Jr.

and Portion of Whitfield

55 Portion of DeKalb

Lawrence (Bud) Stumbaugh

56 Portion of Cobb, Portion of

Haskew Brantley

Forsyth and Portion of Fulton

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

16
Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon
Brroaun %of 4A6Mth BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

JOURNAL OF THE SENATE

English Engram Fincher Foster Garner Gillis Greene Harris
wHmarneSOn HHoolrltoown ay
Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th
Stumb, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

The President introduced the Honorable George T. Smith, Justice of the Supreme Court, who administered the oath of office to the Senators-elect at their desks.

The President announced the appointment of the following Standing Committees for the 1985-1986 Term:

AGRICULTURE

McGiLL of 24th, Chairman TRULOCK of 10th, Vice Chairman ENGLISH of 21st, Secretary

Kennedy of 4th
Ray of 19th
Reddish of 6th Turner of 8th

APPROPRIATIONS

STARR of 44th, Chairman HOLLOWAY of 12th, Vice Chairman ALLGOOD of 22nd, Secretary
Barnes of 33rd Bowen of 13th Broun of 46th Bryant of 3rd Cobb of 28th Coleman of 1st Coverdell of 40th Dean of 31st English of 21st Engram of 34th Fincher of 54th

Garner of 30th Gillis of 20th Horton of 17th Howard of 42nd Kennedy of 4th McGill of 24th McKenzie of 14th Peevy of 48th Scott (Al) of 2nd Stumbaugh of 55th Tate of 38th Timmons of llth Turner of 8th

MONDAY, JANUARY 14, 1985

17

Continuation Subcommittee

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

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

BANKING AND FINANCE

HUDGINS of 15th, Chairman MCKENZIE of 14th, Vice Chairman WALKER of 43rd, Secretary
Brantley of 56th Broun of 46th Coleman of 1st Coverdell of 40th Dawkins of 45th

Fincher of 54th Gillis of 20th Holloway of 12th Phillips of 9th Starr of 44th Stumbaugh of 55th Tolleson of 32nd Turner of 8th

COLEMAN of 1st, Chairman Brantley of 56th Coverdell of 40th
Dawkins of 45th

Banking Subcommittee
Holloway of 12th Phillips of 9th Starr of 44th Walker of 43rd

Ways and Means Subcommittee

TURNER of 8th, Chairman
Broun of 46th Fincher of 54th

Gillis of 20th
Stumbaugh of 55th Tolleson of 32nd

CHILDREN AND YOUTH

SCOTT (AL) of 2nd, Chairman
BURTON of 5th, Vice Chairman ALBERT of 23rd, Secretary

Bond of 39th
Hudgins of 15th Langford of 35th

CONSUMER AFFAIRS

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

Brantley of 56th Scott (David) of 36th

DEFENSE AND VETERANS AFFAIRS

BRYANT of 3rd, Chairman PERRY of 7th, Vice Chairman PHILLIPS of 9th, Secretary

Brannon of 51st Tolleson of 32nd

18

JOURNAL OF THE SENATE

ECONOMIC DEVELOPMENT AND TOURISM

BROUN of 46th, Chairman HORTON of 17th, Vice Chairman
BRANTLEY of 56th, Secretary Coverdell of 40th
Engram of 34th Foster of 50th

Gillis of 20th Harris of 27th Scott (David) of 36th Trulock of 10th Tysinger of 41st

Small Business Subcommittee

TYSINGER of 41st, Chairman
Brantley of 56th Coverdell of 40th

Harris of 27th Scott (David) of 36th

FOSTER of 50th, Chairman Engram of 34th Gillis of 20th

Tourism Subcommittee
Horton of 17th Trulock of 10th

EDUCATION

FOSTER of 50th, Chairman ENGRAM of 34th, Vice Chairman RAY of 19th, Secretary
Burton of 5th Dawkins of 45th
Deal of 49th Dean of 31st

Harrison of 37th Huggins of 53rd Land of 16th Phillips of 9th Starr of 44th
Tate of 38th Trulock of 10th

BURTON of 5th, Chairman Deal of 49th

Libraries Subcommittee
Dean of 31st Phillips of 9th

Primary and Secondary Subcommittee

TATE of 38th, Chairman Dawkins of 45th

Engram of 34th Ray of 19th

Vocational and Technical Subcommittee

HARRISON of 37th, Chairman Huggins of 53rd Land of 16th

Starr of 44th Trulock of 10th

MONDAY, JANUARY 14, 1985

19

GOVERNMENTAL OPERATIONS

KIDD of 25th, Chairman BRANNON of 51st, Vice Chairman WALKER of 43rd, Secretary
Barker of 18th Bond of 39th

Garner of 30th Horton of 17th Hudgins of 15th Reddish of 6th

Governmental Organization Subcommittee

REDDISH of 6th, Chairman Horton of 17th

Hudgins of 15th Walker of 43rd

Merit System Subcommittee

BARKER of 18th, Chairman Bond of 39th

Brannon of 51st Garner of 30th

HIGHER EDUCATION

FINCHER of 54th, Chairman SCOTT (DAVID) of 36th, Vice Chairman ALBERT of 23rd, Secretary
Broun of 46th

English of 21st Hine of 52nd Tysinger of 41st

Science and Technology Subcommittee

TYSINGER of 41st, Chairman Broun of 46th

Scott (David) of 36th

University System Subcommittee

ENGLISH of 21st, Chairman Albert of 23rd

Hine of 52nd

HUMAN RESOURCES

HOWARD of 42nd, Chairman HINE of 52nd, Vice Chairman BRANTLEY of 56th, Secretary
Albert of 23rd Bond of 39th

Brown of 47th Fincher of 54th Greene of 26th Kidd of 25th

GREENE of 26th, Chairman Bond of 39th

Aging Subcommittee Fincher of 54th

20

JOURNAL OF THE SENATE

Mental Health and Mental Retardation Subcommittee

BRANTLEY of 56th, Chairman Brown of 47th

Kidd of 25th

Social Services and Vocational Rehabilitation Subcommittee

HINE of 52nd, Chairman Albert of 23rd

Bond of 39th

INDUSTRY AND LABOR

DAWKINS of 45th, Chairman TYSINGER of 41st, Vice Chairman
HARRISON of 37th, Secretary Baldwin of 29th
Cobb of 28th

Foster of 50th Hine of 52nd
Hudgins of 15th Perry of 7th
Ray of 19th

INSURANCE

STUMBAUGH of 55th, Chairman LAND of 16th, Vice Chairman BALDWIN of 29th, Secretary
Allgood of 22nd

Deal of 49th Greene of 26th Harrison of 37th

INTERSTATE COOPERATION

ENGLISH of 21st, Chairman ENGRAM of 34th, Vice Chairman DEAN of 31st, Secretary

Fincher of 54th Holloway of 12th

JUDICIARY

DEAL of 49th, Chairman ALLGOOD of 22nd, Vice Chairman BALDWIN of 29th, Secretary
Burton of 5th

Coleman of 1st Hine of 52nd Howard of 42nd

JUDICIARY AND CONSTITUTIONAL LAW

GREENE of 26th, Chairman BARNES of 33rd, Vice Chairman
PEEVY of 48th, Secretary Dawkins of 45th

Land of 16th Tolleson of 32nd Walker of 43rd

MONDAY, JANUARY 14, 1985

21

NATURAL RESOURCES

GILLIS of 20th, Chairman ENGLISH of 21st, Vice Chairman
MUGGINS of 53rd, Secretary Barker of 18th
Bowen of 13th Bryant of 3rd

Cobb of 28th Kennedy of 4th
McGill of 24th Perry of 7th
Reddish of 6th Timmons of llth

Game and Fish Subcommittee

PERRY of 7th, Chairman
Barker of 18th Bryant of 3rd

Muggins of 53rd Timmons of llth

Parks and Historical Sites Subcommittee

REDDISH of 6th, Chairman English of 21st

Kennedy of 4th McGill of 24th

Resources and Environmental Control Subcommittee

COBB of 28th, Chairman Bowen of 13th

Gillis of 20th

OFFENDER REHABILITATION

GARNER of 30th, Chairman LANGFORD of 35th, Vice Chairman
RAY of 19th, Secretary Brannon of 51st

Engram of 34th Foster of 50th
Kennedy of 4th Kidd of 25th

Penal and Correctional Institutions Subcommittee

KENNEDY of 4th, Chairman Foster of 50th

Kidd of 25th

Probation, Pardons and Paroles Subcommittee

RAY of 19th, Chairman Engram of 34th

Langford of 35th

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PUBLIC SAFETY

BOWEN of 13th, Chairman
COBB of 28th, Vice Chairman REDDISH of 6th, Secretary
Brannon of 51st

Harris of 27th Perry of 7th Timmons of llth

PUBLIC UTILITIES

BROWN of 47th, Chairman SCOTT (At) of 2nd, Vice Chairman TYSINGER of 41st, Secretary

Allgood of 22nd Baldwin of 29th Barnes of 33rd

RETIREMENT

TIMMONS of llth, Chairman TATE of 38th, Vice Chairman HUGGINS of 53rd, Secretary
Brown of 47th

Coverdell of 40th Langford of 35th McGill of 24th Trulock of 10th

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

RULES
Howard of 42nd Kidd of 25th Peevy of 48th Scott (Al) of 2nd Starr of 44th Stumbaugh of 55th Tate of 38th Barnes of 33rd, ex officio

Audit Subcommittee

HOLLOWAY of 12th, Chairman Dean of 31st

Greene of 26th Howard of 42nd

Enrolling and Journals Subcommittee

BARKER of 18th, Chairman Garner of 30th

Harrison of 37th

MONDAY, JANUARY 14, 1985

23

TRANSPORTATION

COLEMAN of 1st, Chairman PEEVY of 48th, Vice Chairman BRYANT of 3rd, Secretary
Barnes of 33rd Brown of 47th Deal of 49th

Dean of 31st Harris of 27th Holloway of 12th Huggins of 53rd Land of 16th McKenzie of 14th

Highways and Motor Vehicles Subcommittee

HUGGINS of 53rd, Chairman Brown of 47th Deal of 49th

Harris of 27th Peevy of 48th

State Ports Subcommittee

BRYANT of 3rd, Chairman Barnes of 33rd Coleman of 1st

Dean of 31st Land of 16th

URBAN AND COUNTY AFFAIRS

TURNER of 8th, Chairman HARRIS of 27th, Vice Chairman TOLLESON of 32nd, Secretary
Albert of 23rd Burton of 5th

McKenzie of 14th Phillips of 9th Scott (David) of 36th Walker of 43rd

Local Affairs Subcommittee

MCKENZIE of 14th, Chairman Harris of 27th

Scott (David) of 36th Tolleson of 32nd

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

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

Senator Coleman of the 1st seconded the nomination.

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

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

The President appointed Senators Gillis of the 20th, Coleman of the 1st, Allgood of the 22nd, Harris of the 27th, Bryant of the 3rd, Scott of the 2nd and Holloway of the 12th as a committee to escort Senator Kennedy of the 4th, President Pro Tempore, to the Well of the Senate.

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

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

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

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

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

The Secretary of the Senate, Hamilton McWhorter, Jr., then designated Alice E. Hoge as Assistant Secretary of the Senate for the 1985-1986 Term of the General Assembly.

The President announced the next order of business was the election of the Sergeant at Arms of the Senate.

Senator Hine of the 52nd nominated Honorable Marvin W. "Cap" Hicks of Floyd County as Sergeant at Arms of the Senate.

Senator Allgood of the 22nd asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Honorable Marvin W. "Cap" Hicks.

The consent was granted, and Honorable Marvin W. "Cap" Hicks was declared elected Sergeant at Arms of the Senate.

The following communications from His Excellency, Governor Joe Frank Harris, were received and read by the Secretary:

MONDAY, JANUARY 14, 1985

25

OFFICE OF THE GOVERNOR Atlanta 30334 April 10, 1984
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 421, 385, 246, 367 and Senate Resolution 431 which were passed by the General Assembly of Georgia at the 1984 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

OFFICE OF THE GOVERNOR Atlanta 30334 April 10, 1984
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 1442, 1472, 1373, 1205, 358, 1029, 1067, 94, 886, 464, 199 and 1163 which were passed by the General Assembly of Georgia at the 1984 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.

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With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
Veto No. 13 House Bill 1442 by Representatives Dover and Irvin
This legislation relates to the appointment of judges of courts of municipalities to change the residence requirement for such judges. Because of a technical defect in the bill, the author has requested that this legislation be vetoed.
Veto No. 14 Senate Bill 421 by Senator Timmons
This legislation provided that the Judge of the Probate Court of Calhoun County shall become the Chief Magistrate of the county. Because of a technical defect in the bill, the author has requested that this legislation be vetoed.
Veto No. 15 House Bill 1472 by Representatives Coleman, Buck and Richardson
This legislation relates to the jurisdiction of campus police. The author of this legislation requested that this bill be vetoed since it is very similar to the language of a Senate bill. The parties affected by the legislation decided to support the Senate bill.
Veto No. 16 Senate Bill 385 by Senator Kidd
This bill required the Board of Commissioners of Baldwin County to run from districts. Because of a technical defect in the legislation, the author of the bill has requested that this legislation be vetoed.
Veto No. 17 House Bill 1373 by Representatives Rainey, Murphy, Burruss and others
This legislation would divest from counties and municipal corporations the ability to regulate the possession, ownership, transportation, carrying, transfer, sale, purchase or licensing of guns, firearms, ammunition or components of firearms and ammunition. However, this bill is flawed in that it contains an exemption for the City of Savannah from the requirements of this law so long as there is no change in its current local ordinance. I do not favor an exemption for one city in Georgia over others. Therefore, I am vetoing this legislation.

MONDAY, JANUARY 14, 1985

27

Veto No. 18 House Bill 1205 by Representatives Caldwell, Childers and McKelvey
This bill reapportions Districts 15, 16, 28 and 34 of the House of Representatives. Originally, this bill affected only the City of Rome, Georgia, and Floyd County, changing legislative Districts 15 and 16. However, an amendment was placed on this bill at the end of the session changing the configuration of House Districts 28 and 34.
While the original legislation was approved by the House Reapportionment Committee before passage by the House, the amendment was neither presented to the House Reapportionment Committee nor to the Fulton County Delegation. I have been requested by the House Reapportionment Committee, the Fulton County Delegation, and the author to veto this bill.
Veto No. 19 House Bill 358 by Representatives Watson, Adams, Edwards and others
This legislation would limit the number of retail package liquor store licenses to a maximum of one license per 3,000 people with the exception that each city or county may issue a minimum of two licenses. The legislation grandfathers in all existing licenses issued by cities and counties to further restrict the number of licenses on a population basis.
While the expressed intent of the bill, to place a limit on the number of liquor stores in Georgia, is one with which I concur personally, nevertheless I believe the competitive market should make such a determination. Enactment of this legislation could create a monopoly for existing liquor store owners.
Local governments in Georgia have long controlled the licensing of liquor stores, and I do not feel that it is appropriate for the state to begin now to erode that authority. Therefore, I am vetoing this legislation.
Veto No. 20 House Bill 1029 by Representatives Alien, Triplet!, Hamilton and others
This legislation makes it unlawful for any parent or guardian knowingly to allow or permit a child under the age of 17 to loiter or remain in a public place between midnight and 5:00 a.m. unless he is accompanied by an adult or has "a legitimate excuse." The bill contains no definition of "a legitimate excuse," thus the measure would be completely unenforceable. Therefore, I arn vetoing this legislation, but at the same time, I would like to commend the author of this bill for his well-intentioned efforts to encourage parental responsibility and provide protection for children during the hours when they are most likely to encounter harm if allowed to roam unattended.
Veto No. 21 Senate Bill 246 by Senators Huggins, Bond, Tate and others
This legislation creates a state record-keeping system to provide juvenile court judges in each county with information regarding prior convictions of a juvenile. This would supplement the voluntary system presently used by juvenile court judges.
During consideration of this measure, an amendment was added which

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would automatically seal the juvenile's record within six months of his eighteenth birthday, despite any previous record. In contrast, under current law, a record may be sealed two years after the juvenile is released from the system.
While it is the aim of the law to seal the record of a minor who corrects his life after a juvenile problem, it is equally apparent that the record of a juvenile who continues his life of crime after the age of majority is relevant and most informative to the legal community. This is true not only in investigating any future crimes, but also in making appropriate decisions regarding the safety and welfare of the person.
The automatic sealing of records in no way takes into account the needs of the adult systems when a juvenile continues his life of crime into adulthood. Existing law leaves to a qualified juvenile judge the decision as to whether information can be obtained by law enforcement officers. I support the current law; therefore, I must veto this legislation.
Veto No. 22 House Bill 1067 by Representatives Barnes, Padgett, Cheeks and others
This legislation refers to purchase contracts awarded by the Department of Administrative Services. It expands the requirement that they go to the lowest bidder to provide that when comparing bids of a non-resident vendor with a resident vendor, the Department shall reduce the resident vendor's bid by the percentage equal to the percentage reduction, if any, which the non-resident vendor's state applies to give preference to that state's resident vendor.
While this legislation is meant to protect Georgia vendors who must compete in other states against preferential treatment given to that state's residents, it is a further restriction of a normal competitive market. Additionally, the measure contains no definition of a "resident" of this state, a question with which other states with preferential laws have wrestled unsuccessfully until it was decided by the courts. Furthermore, a determination by the Department of Administrative Services as to how to apply to such preferential treatment would prove totally unmanageable. For these many reasons, I am vetoing this legislation.
Veto No. 23 Senate Bill 367 by Senators McGill, Walker, Kennedy and others
This legislation would prohibit refiners, producers or manufacturers of automotive gasoline from opening or operating a retail gasoline station after July 1, 1985, unless they own the stations prior to February 20, 1984.
This bill sets a dangerous precedent in that it is an attempt to place limits on the free enterprise system and, in effect, restrict the competitive market. As a businessman myself, I am sympathetic to the needs and concerns of small businessmen who contend that major oil companies undercut the prices dealers can offer at their stations with lower prices at companyowned service stations. However, my experience as a businessman also leads me to reject any effort to set conditions on the marketplace. Signing this bill would send the wrong message to the business community, both in Georgia and across the nation.

MONDAY, JANUARY 14, 1985

29

No matter how helpful such legislation might be in the short run, in the long run, such restrictions would not be conducive to a healthy economy. In fact, the concept embodied in this measure might easily be expended to include other business products in the future with only a few changes in the wording. Georgia is known for its pro-business attitude which plays an important role in the continued investment activity and solid expansion of our economy. With these considerations in mind, I am vetoing this legislation.
Veto No. 24 House Bill 94 by Representative Selman
This bill affecting the Peace Officers' Annuity and Benefit Fund allows the payment of disability benefits to peace officers who were previously members of POAB and who, upon becoming disabled, were denied disability benefits.
This bill allows one person, who has now retired, to receive benefits from the retirement fund. Since this bill does not require the person affected to perform any employment duties or make any employee contributions after its effect, the bill is unconstitutional as a gift or gratuity granted by the state. Consequently, I am vetoing this bill.
Veto No. 25 Senate Resolution 431 by Senator Reddish
This resolution requested that the Department of Transportation designate the Owen G. Lee Parkway. At the request of the author this resolution was vetoed.
Veto No. 26 House Bill 886 by Representative Dobbs
This bill requires all state agencies to pay all properly submitted invoices for the sale or lease of real or personal property or the sale of services within seven to 30 days of their receipt, depending upon the item purchased. Interest in the amount of one percent per month must be paid from agency funding, if payment is delayed.
As a businessman, I know the problems caused by delays in payments. We must strive, at the state level, to make prompt payments to our vendors. However, this is a matter that does not need to be addressed by legislation. State agencies, as with private businesses in our state, must be left free to deal on the open market without competitive restrictions. There are advantages and disadvantages to dealing with the state, and these are allowed for in the competitive bids of the vendors. As with bills restricting trade, I must similarly veto this legislation.
Veto No. 27 House Bill 464 by Representatives Ware, Wood and Auten
This bill amended certain provisions of the insurance code. Because of a technical defect, the author has requested that I veto this bill.
Veto No. 28 House Bill 199 by Representatives Greer, Adams, Daugherty and others
This legislation would delete the existing requirement that Supreme Court justices and Court of Appeals' judges retire at 70 years of age or else forfeit their retirement benefits. Also included in this measure are Superior

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Court judges who now must retire at the end of the term of office in which they reach the age of 70 or forfeit retirement benefits.
The mandatory retirement age was implemented for good cause several years ago. While many people in our society can and do maintain fruitful careers past the age of 70, age is nevertheless a limiting factor for others. I do not believe eliminating this requirement is in the best interests of the people of Georgia in the long run. I also contend that this bill is flawed in that it contains no limit on the age to which a judge or justice may continue to serve. Therefore, I must veto this legislation.
Veto No. 29 House Bill 1163 by Representatives Thomas, Johnson and Bolster
This legislation provides for an exemption to local zoning restrictions to allow day care centers with six or fewer children to be located in residential areas. The intention of this bill is to facilitate the establishment of additional day care centers in residential areas to accommodate the multitude of children who need the service.
Although the purpose of this bill is laudable, the bill itself is unconstitutional in that it attempts to restrict city and county governmental authorities in their zoning power, authority which is not proper for the General Assembly under our State's Constitution. As a result of this fact, I am vetoing this legislation, but at the same time, I am requesting local governments to consider the intention of the General Assembly in making future decisions regarding zoning questions.

On April 6, 1984, the Governor informed the Senate, in a Memo received by the Secretary of the Senate, of the following Sections of HB 1045 that he had vetoed:
HB 1045 Appropriations Line Item Vetoes 1984:
Section 53 (Page 154).
"Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affilitates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly."
Section 58 (Page 157).
"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 foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which state funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act."
Section 60 (Page 157).
"It is the intent of this General Assembly that cost-of-living increases

MONDAY, JANUARY 14, 1985

31

effective July 1, 1984 and January 1, 1985 for retirees in the Employees Retirement System and for retirees in the Teachers Retirement System be limited to a maximum of $25.00 per month per retiree. In the event the
Governor determines that the cost-of-living increases for retirees in either system cannot legally be so limited, this $25.00 per month limitation shall not apply to either system."

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

SR 1. By Senators Holloway of the 12th, Kennedy of the 4th and Allgood of the 22nd:
A resolution adopting the Rules of the Senate.

Senator Holloway of the 12th offered the following amendment:

Amend SR 1 by striking in its entirety the last paragraph of Senate Rule 185 on Page 48, which reads as follows:

"In addition to the standing committees created by this Rule, there shall be a Committee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Majority Leader, the Minority Leader, the Chairman of the Committee on Rules and the Secretary of the Senate. This Committee shall have the responsibility of employing, supervising and setting the compensation of all aides, secretaries and other personnel for the Senate, including the Senate Research and Senate Information offices. The Committee shall supervise the purchase and allotment of supplies for the Senate.",
and inserting in lieu thereof a new paragraph to read as follows:
"In addition to the standing committees created by this Rule, there shall be a Committee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Chairman of the Committee on Rules, the Secretary of the Senate, and three members appointed jointly by the President of the Senate, the President Pro Tempore, and the Chairman of the Committee on Rules. This Committee shall have the responsibility of employing, supervising and setting the compensation of all aides, secretaries and other personnel for the Senate, including the Senate Research and Senate Information offices. The Committee shall supervise the purchase and allotment of supplies for the Senate."
On the adoption of the amendment, the yeas were 41, nays 1, and the amendment was adopted.

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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:

Albert Allgood Baldwin 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 Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

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

On the adoption of the resolution, the yeas were 56, nays 0.

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

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

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

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

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

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

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

MONDAY, JANUARY 14, 1985

33

The President introduced Dr. James Kaufmann, who is in charge of the doctor of the day program for the General Assembly during the legislative session. Dr. Kaufmann introduced Pamela Acree and announced that she would be serving as the nurse in the medical aid station during the 1985 session of the General Assembly.

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

Ladies and Gentlemen of the Georgia Senate:

This 1985 session will mark the llth year of the General Assembly for which I have had the honor of serving as President of this body.

I have seen a lot of changes during this time. The only thing that has not changed is probably the Senator from the 25th. There have been many times when I have been proud to be part of this body, and a few times when it was not quite so thrilling.

The proudest moment in my ten years of presiding came last year.

Last year when the chips were down, the Senate stood firm on its principles and refused to be intimidated or manipulated by anyone. It was the finest session of the Georgia State Senate!

This year's elections made history by resulting in one of the smallest numbers of defeated incumbent Senators in this century. There are only six new faces among us, and half of them replace Senators who chose not to run for re-election. This despite those who would ignore the positive and exaggerate the negative.

Back when I first took office in 1975, I pushed for a major package of reforms for the Senate. We instituted the practice of calling bills in the exact order they appear on the calendar so that the presiding officer does not have the option of not calling a bill or timing his call to catch a bill sponsor at a disadvantage.

We established deadlines to alleviate the legislative logjam that characterized the end of the session. That is the envy of my colleagues throughout this nation who preside over the Senate in their states.

We have continually worked to refine the committee meeting process to improve on regularity and allow for ample notification of meetings.

We established the Research Office and the level of utilization of this resource has steadily increased over the years.

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We have gained respectability through carefully thinking through our rules and decorum regulations, then sticking by them.

Last year we accomplished yet another phase of significant reform by passing legislation to separate out the budgets of the Senate and the House of Representatives.

Until now, all legislative expenditures were thrown together into one big pot, and there were times when the Senate took the blame for that which we did not deserve.

The Senate immediately took over its own photography budget from the Legislative Services Committee and established careful procedures and checks to regulate the use of photographs and make sure we are getting what we are paying for.

This system has worked well, and the Senate has demonstrated a very responsible, a very conservative even stingy approach to the use of photography.

Now that all the expenditures of the Senate are to be laid out separately from those of the House, we will no longer take an unfair share of the blame. But the division of the budget also means that we will have an added responsibility to keep our own house in order.

If there is misuse of funds by the Senate, it will be clear to all where the responsibility lies.

These stands of independence and reforms we accomplished last year are but another positive step forward in the process of moving the Senate closer to the model legislative body we all want it to be.

I am looking forward to building on these accomplishments during the 1985 General Assembly. Together we will form a Senate that cooperates with the House and works with the Governor, but a Senate that is dominated by neither.

In terms of relationships within the Senate itself, I look forward to working with each one of you and helping you to achieve your goals on behalf of your constituencies.

I have been a Senator with my own district to represent, and I understand the demands this places on you and your desire to do your best by your own particular district.

But, I would also remind you that I have my own constituency. I am elected statewide to represent all Georgians equally. I hope that you will understand that my district now is the entire state.

MONDAY, JANUARY 14, 1985

35

As we bring this first day to a close, let me again congratulate you on being a Georgia State Senator. You are the very best this great State has to offer. And I'm
honored to be your President for another year.

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

Mr. President:

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

HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Senate that the House of Representatives has convened.

HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a Committee of Notification on the part of the House the following members:
Representatives Adams of the 79th, Bargeron of the 108th, Benn of the 38th, Cummings of the 17th, Hudson of the 117th, Lawson of the 9th and Richardson of the 52nd.

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

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

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

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

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

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Senators Albert of the 23rd, Baldwin of the 29th, Langford of the 35th, Ray of the 19th, Tolleson of the 32nd, Walker of the 43rd and Dean of the 31st.

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

At 11:08 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 15, 1985

37

Senate Chamber, Atlanta, Georgia Tuesday, January 15, 1985 Second Legislative Day

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

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

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

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

Mr. President:

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

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Aaron of the 56th, Adams of the 36th, Bailey of the 72nd, Cox of the 141st, Porter of the 119th, Smyre of the 92nd and Smith of the 152nd.

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Benefield of the 72nd, Chambless of the 133rd, Cooper of the 20th, Dover of the 11th, Greene of the 130th, Padgett of the 86th and Phillips of the 120th.

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HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution relative to adjournment.

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

SB 1. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-4 of the Official Code of Georgia Annotated, relating to the commissioner of personnel administration, so as to provide that the State Personnel Board shall appoint the commissioner of personnel administration; to change the provisions relating to the compensation of the commissioner of personnel administration.
Referred to Committee on Governmental Operations.

SB 2. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to authorize the Administrative Office of the Courts to provide for liability insurance coverage or contracts of indemnity for the judges and employees of the state courts, juvenile courts, magistrate courts, and probate courts; to change the definition of the term "agency".
Referred to Committee on Judiciary and Constitutional Law.

SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Annotated, relating to limitations on home rule powers of municipal corporations, so as to authorize the amendment of municipal charters by ordinance to establish the terms of office of members of the municipal governing authority at four years; to provide for amendment of such ordinances.
Referred to Committee on Urban and County Affairs (General).

SB 4. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide for eligibility for disability benefits; to provide for the

TUESDAY, JANUARY 15, 1985

39

determination of disability; to provide for the amount of disability benefits; to provide an effective date.
Referred to Committee on Retirement.

SB 5. By Senator Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize persons who have successfully completed an approved educational training program to obtain and administer epinephrine for insect stings; to provide a short title; to provide for purpose; to provide for administration of the program by the Department of Human Resources.
Referred to Committee on Human Resources.

SB 6. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient service plans.
Referred to Committee on Human Resources.

SB 7. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, so as to define the methods of service of process in civil actions filed in the magistrate court; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 8. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to change the provisions relating to the procedures followed in changing certain positions in the classified service to positions in the unclassified service.
Referred to Committee on Governmental Operations.

SB 9. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to Committee on Governmental Operations.

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SB 10. By Senator Kidd of the 25th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal the "Private Employment Agencies Act".
Referred to Committee on Governmental Operations.

SB 11. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, so as to provide that the Board of Industry and Trade may receive gifts, donations, or contributions from any persons; to provide that the Board of Industry and Trade and the Department of Industry and Trade may contract and make cooperative agreements, leases, and rental agreements with certain entities.
Referred to Committee on Economic Development and Tourism.

SB 12. By Senators Barnes of the 33rd and Trulock of the 10th:
A bill to amend the Official Code of Georgia Annotated so as to eliminate the statutory requirement that there be an Employment Security Agency and director and a Correctional Services Division within the Department of Labor; to delete references to the Employment Security Agency and the Correctional Services Division.
Referred to Committee on Governmental Operations.

SB 13. By Senators Barnes of the 33rd, Coverdell of the 40th, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.
Referred to Committee on Consumer Affairs.

SB 14. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule-making power of the board and place such rule-making power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor.
Referred to Committee on Judiciary and Constitutional Law.

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41

SB 15. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and escalators and similar devices, so as to change the date before which inspections shall be required; to eliminate the requirement that inspectors be in the classified service; to change the date by which the advisory committee shall be appointed.
Referred to Committee on Judiciary and Constitutional Law.

SB 16. By Senators Barnes of the 33rd, Howard of the 42nd and Phillips of the 9th:
A bill to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.
Referred to Committee on Judiciary and Constitutional Law.

SB 17. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court.
Referred to Committee on Judiciary and Constitutional Law.

SB 18. By Senator Kidd of the 25th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that in cases where a plea of nolo contendere to a charge of driving under the influence of alcohol or drugs is accepted, the judge shall be authorized to permit an active member of the armed forces to attend a basic alcohol and drug course at a driver improvement clinic located on the military reservation where the defendant is stationed.
Referred to Committee on Judiciary.

SB 19. By Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners.
Referred to Committee on Judiciary and Constitutional Law.

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SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and components thereof to comply with certain standards.
Referred to Committee on Human Resources.

SB 21. By Senators Burton of the 5th, Phillips of the 9th, Howard of the 42nd and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services under the Adequate Program for Education in Georgia, so as to revise extensively said Code section; to provide for special education services; to provide for services for handicapped children; to authorize permission for certain programs for children below age three.
Referred to Committee on Education.

SB 22. By Senators Burton of the 5th, Phillips of the 9th, Howard of the 42nd and others:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize and require the department to establish a program to provide services to handicapped children and their parents; to provide for definitions; to provide for other matters relative to the foregoing.
Referred to Committee on Human Resources.

SB 23. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to repeal an Act entitled "An Act to amend an Act reincorporating the City of Marietta, as amended, so as to change the corporate limits of the City of Marietta; to repeal conflicting laws; and for other purposes.", approved March 28, 1984 (Ga. L. 1984, p. 5004); to provide for intent.
Referred to Committee on Urban and County Affairs.

SB 24. By Senators Turner of the 8th, Bowen of the 13th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator; to provide for related matters.
Referred to Committee on Judiciary.

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43

SB 25. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Code Section 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses to practice veterinary medicine and renewal of expired licenses, so as to change the provisions relating to reinstatement of an expired license; to provide for an effective date.
Referred to Committee on Governmental Operations.

SB 26. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to define the crime of aggravated assault upon a correctional officer; to define the crime of aggravated battery upon a correctional officer; to define the term "correctional officer".
Referred to Committee on Offender Rehabilitation.

SB 27. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
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 correctional officers; to provide an effective date.
Referred to Committee on Offender Rehabilitation.

SB 28. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipalities, and other governmental entities, so as to authorize counties and municipalities to incur certain short-term indebtedness and specify the terms and conditions thereof; to provide for notices.
Referred to Committee on Urban and County Affairs (General).

SB 29. By Senators Coverdell of the 40th, Dawkins of the 45th, Bond of the 39th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that persons whose driver's licenses have been suspended for a second time for driving under the influence of alcohol or drugs shall, prior to early reinstatement of the license, complete an alcohol or drug abuse assessment and education program.
Referred to Committee on Judiciary and Constitutional Law.

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SB 30. By Senator Coverdell of the 40th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, so as to provide for the compensation of law enforcement officers for attending hearings relative to the suspension of drivers' licenses for refusal to submit to chemical tests to determine blood alcohol content.
Referred to Committee on Judiciary.

SB 31. By Senators Coverdell of the 40th, Land of the 16th, Harrison of the 37th and others:
A bill to amend Code Section 21-5-5.1 of the Official Code of Georgia Annotated, relating to requirements for filing financial disclosure reports by candidates for nomination or election to certain offices of the state, so as to define state office for the purposes of said Code section to include any state-wide elective office and membership in the General Assembly.
Referred to Committee on Governmental Operations.

SB 32. By Senators Fincher of the 54th, Broun of the 46th and Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions.
Referred to Committee on Higher Education.

SB 33. By Senator Kidd of the 25th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to entry of plea of nolo contendere to a charge of violating Code Section 40-6-391 involving driving under the influence of alcohol or drugs, so as to provide that any person shall be authorized to enter a plea of nolo contendere without the assistance of any attorney at law.
Referred to Committee on Judiciary.

SB 34. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the location of voter registration places and procedures concerning voter registration cards, so as to allow completed registration cards to remain temporarily at permanent additional voter registration places; to provide an effective date.
Referred to Committee on Governmental Operations.

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45

SB 35. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing a defensive driving course or alcohol or drug program, so as to authorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of such other jurisdictions.
Referred to Committee on Judiciary.

SB 36. By Senator Kidd of the 25th:
A bill to amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the disposition of licenses of persons driving under the influence of alcohol or drugs, so as to change the provisions relating to limited driving permits for persons convicted of violating Code Section 40-6-391.
Referred to Committee on Judiciary.

SB 37. By Senator Broun of the 46th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to applied psychologists, so as to clarify that confidential relations and communications between a person working under the direct supervision of a licensed applied psychologist and a client of the psychologist are privileged to the same extent as communications made to the psychologist.
Referred to Committee on Human Resources.

SB 38. By Senator Broun of the 46th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to require persons who have been convicted of operating a motor vehicle while under the influence of alcohol or drugs to obtain and maintain motor vehicle insurance at higher coverage amounts for a certain time period.
Referred to Committee on Insurance.

SB 39. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Baldwin County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

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SB 40. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 41. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 42. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representative of a peace officer organization, so as to prohibit false representation as a representative of a fire service organization; to provide for definitions.
Referred to Committee on Public Safety.

SR 4. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.
Referred to Committee on Public Utilities.

SR 5. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; to provide an effective date; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 6. By Senator Kidd of the 25th:
A resolution authorizing and directing the Department of Transportation to designate the U. S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge.
Referred to Committee on Transportation.

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SR 7. By Senator Kidd of the 25th:
A resolution creating the Staffing in Mental Health Facilities Study Committee.
Referred to Committee on Rules.

SR 8. By Senator Kidd of the 25th:
A resolution creating the Staffing in Mental Health Facilities Joint Study Committee.
Referred to Committee on Rules.

SR 9. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); to provide an effective date.
Referred to Committee on Public Utilities.

SR 10. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia.
Referred to Committee on Public Utilities.

SR 12. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to grant to counties and municipalities the authority to incur, under conditions specified by general law, certain short-term debt not exceeding one-half of one percent of the assessed value of taxable property of those counties and municipalities; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Urban and County Affairs (General).

SR 13. By Senators Coverdell of the 40th, Phillips of the 9th and Brantley of the 56th:
A resolution proposing an amendment to the Constitution so as to provide that the procedures for the suspension or removal of public officials from office upon indictment for a felony shall include indictment for a felony by a grand jury of the United States; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

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SR 14. By Senators Coverdell of the 40th, Land of the 16th and Phillips of the 9th:
A resolution to ratify the proposed amendment to the United States Constitution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.
Referred to Committee on Governmental Operations.

SR 17. By Senator Broun of the 46th:
A resolution creating the Joint Small Businesses in Georgia Study Committee. Referred to Committee on Rules.

SR 18. By Senator Broun of the 46th:
A resolution giving legislative approval to the admission of the State of Oklahoma into the Southern Regional Education Compact entered into by the State of Georgia and other Southern states; to declare that, upon ratification of the compact by the legislature and approval by the Governor of Oklahoma and approval by the legislature and by the Governor of the other states which are parties to the compact, the State of Oklahoma shall become a party to said compact.
Referred to Committee on Interstate Cooperation.

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

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

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

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

Not answering was Senator Bond.

Senator Baldwin of the 29th introduced the chaplain of the day, Dr. Gil Watson,

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49

pastor of First United Methodist Church, LaGrange, Georgia, who offered scripture reading and prayer.

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

SR 11. By Senators Barnes of the 33rd and Dean of the 31st:
A resolution recognizing and expressing appreciation to Special Audiences, Inc.

SR 15. By Senator Foster of the 50th: A resolution commending Mrs. Pat Hamilton.

SR 16. By Senator Foster of the 50th: A resolution commending Ms. Joyce Eddy.

SR 19. By Senators Tate of the 38th, Langford of the 35th and Walker of the 43rd:
A resolution commending Mrs. Eloise Thomas.

SR 20. By Senators Tate of the 38th, Langford of the 35th and Walker of the 43rd:
A resolution commending Mrs. Lottie Miller.

SR 21. By Senators Tate of the 38th, Langford of the 35th and Walker of the 43rd:
A resolution commending Shirley Chisholm.

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a Joint Session of the House of Representatives and Senate at 10:45 o'clock A.M. on Wednesday, January 16, 1985, in the Hall of the House of Representatives for the purpose of hearing an address at''11:00 o'clock A.M. from His Excellency, Governor Joe Frank Harris.

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

Senators Foster of the 50th, Engram of the 34th, Dawkins of the 45th, Harrison of the 37th, Huggins of the 53rd, Starr of the 44th and Tate of the 38th.

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HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution calling a Joint Session of the House of Representatives and Senate at 10:45 o'clock A.M. on Thursday, January 17, 1985, in the Hall of the House of Representatives for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, Allgood of the 22nd, Kennedy of the 4th, Coverdell of the 40th and Scott of the 2nd.

HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the Joint Session of the House of Representatives and Senate in the Hall of the House of Representatives at 10:45 o'clock A.M. on Thursday, January 17, 1985, for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris.
The following resolution of the House was read and put upon its adoption:

HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 25, 1985, and to reconvene at 10:00 o'clock A.M. on Monday, February 4, 1985.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cobb Coleman Coverdell Dawkins Deal Dean Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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Langford McGill McKenzie Peevy Perry Ray

Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th

English Fincher

Phillips

On the adoption of the resolution, the yeas were 51, nays 0.

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

Senator Stumbaugh of the 55th introduced the doctor of the day, Dr. Eric Deal, of Tucker, Georgia.

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

At 10:46 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 16, 1985 Third Legislative Day

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

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

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

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

SB 43. 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 salaries of the sheriffs; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.
Referred to Committee on Public Safety.

SB 44. By Senator Bryant of the 3rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 271, H.R. 723-1549, Ga. L. 1968, p. 1834) duly ratified at the general election in 1968, which amendment created the Mclntosh County Industrial Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.
Referred to Committee on Public Safety.

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SB 46. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that a notice of petition for probate in solemn form shall be served upon the beneficiaries under the will; to provide for all related matters; to provide for an effective date and for applicability.
Referred to Committee on Judiciary.

SB 47. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that any vehicle used in the commission of the criminal offense of driving under the influence of alcohol or drugs by a person who has previously committed such offense shall be contraband and forfeited to the state; to provide procedures for the condemnation of such vehicles.
Referred to Committee on Judiciary.

SB 48. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide uniform practice and procedure provisions regarding juries in state courts of counties; to provide for panels of jurors; to provide for six-person juries in civil and criminal cases; to provide for tales jurors; to provide for peremptory challenges; to provide for related matters.
Referred to Committee on Judiciary.

SB 49. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide limitations on the eligibility for relief by pardon or parole to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed.
Referred to Committee on Judiciary.

SB 50. By Senator Deal of the 49th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time.
Referred to Committee on Retirement.

SB 51. By Senator Deal of the 49th:
A bill to amend Code Section 42-9-47 of the Official Code of Georgia Annotated, relating to notification of persons and law enforcement au-

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thorities of decisions to parole inmates, so as to provide for notice of parole to victims.
Referred to Committee on Offender Rehabilitation.

SB 52. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and imposition of punishment for criminal offenders, so as to provide that for all convictions of murder, rape, armed robbery, kidnapping, or aircraft hijacking in which the death penalty is not imposed, a panel of three superior court judges shall set a minimum time of incarceration.
Referred to Committee on Judiciary.

SB 53. By Senators Trulock of the 10th and Turner of the 8th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty, so as to change the time within which certain applications may be filed.
Referred to Committee on Public Safety.

SB 54. By Senator Dean of the 31st:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies by public officials and employees, so as to permit certified oral or manual interpreters for deaf persons to enter into part-time employment with other departments or agencies of the state even though they are already employed by the state; to provide for an effective date.
Referred to Committee on Education.

SB 55. By Senators Kennedy of the 4th and Garner of the 30th:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or parole, so as to change the amount of certain parole supervision fees; to remove certain duration limitations on supervision fees; to provide that the amount of supervision fees shall be set by rule of the board and shall be uniform statewide.
Referred to Committee on Offender Rehabilitation.

SB 56. By Senator Cobb of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the General Assembly may, by local law applicable to any particular hospital authority, provide that any sale or lease of all

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or part of a project must, in order to become effective, be approved at a referendum by the voters.
Referred to Committee on Human Resources.

SB 57. By Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd and others:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing a theft of any controlled substance, such person violates Code Section 16-8-41, relating to armed robbery; to provide penalties.
Referred to Committee on Judiciary and Constitutional Law.

SB 58. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
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 disciplinary tribunals, so as to change the provisions relating to appeals; to change the provisions relating to records; to provide for cost; to change certain time limits and provide additional limits; to provide for practices and procedures.
Referred to Committee on Education.

SB 59. By Senators Gillis of the 20th, Bryant of the 3rd and Ray of the 19th:
A bill to amend Code Section 43-51-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to amend the definition of wastewater treatment plant; to provide an effective date.
Referred to Committee on Natural Resources.

SB 60. By Senator Holloway of the 12th:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; to provide an effective date.
Referred to Committee on Insurance.

SB 61. By Senators Greene of the 26th, Deal of the 49th, Barnes of the 33rd and Dawkins of the 45th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary

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scale allowing merit increases annually; to provide for a maximum number of merit increases.
Referred to Committee on Judiciary and Constitutional Law.

SB 62. By Senator Broun of the 46th:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery".
Referred to Committee on Economic Development and Tourism.

SR 22. By Senators Kennedy of the 4th and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law direct that all funds collected by the State Board of Pardons and Paroles as parole supervision fees as a condition of parole or other conditional release be used for the purpose of providing assistance to victims of crimes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Offender Rehabilitation.

SR 25. By Senators Cobb of the 28th and Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize the imposition by local law subject to a referendum of local sales and use taxes to finance public facilities and to authorize the incurring of public debt payable solely from proceeds of such taxes; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 26. By Senator Deal of the 49th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to prohibit the State Board of Pardons and Paroles from granting or to prescribe the terms and conditions for the board's granting a pardon or parole to any person convicted of murder, rape, armed robbery, kidnapping, or aircraft hijacking; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Offender Rehabilitation.

SR 27. By Senators Gillis of the 20th, Reddish of the 6th and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state-owned real property located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consideration therefor; to provide an effective date.
Referred to Committee on Public Utilities.

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SR 29. By Senators Broun of the 46th and Turner of the 8th:
A resolution creating a Joint Urban County and Municipal Study Committee. Referred to Committee on Rules.

SR 30. By Senators Albert of the 23rd, Coverdell of the 40th, Phillips of the 9th and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 31. By Senators Broun of the 46th, Kidd of the 25th, Harris of the 27th and Greene of the 26th:
A resolution designating the Antebellum Trail. Referred to Committee on Economic Development and Tourism.

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

Mr. President:

The Committee on Public Utilities has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 4. Do pass. SR 9. Do pass. SR 10. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

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

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman

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Dawkins Deal Dean English E n g r,am FPinc. her Garner Greene Harris Hine Holloway

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Howard Hudgins Kennedy Kidd
Langford M..cG,?i.l..l McKenzie Peev y Perry Phillips Ray

Reddish Scott of 2nd Starr Stumbaugh
Tate _T.immons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Coverdell Gillis Harrison

Horton Huggins

Land Scott of 36th

Senator Greene of the 26th introduced the chaplain of the day, Dr. Jimmy Waters, of the Jimmy Waters Ministry, Macon, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 23. By Senators Scott of the 2nd, Coleman of the 1st and Bryant of the 3rd: A resolution expressing sorrow at the passing of Mrs. Mozella Gaither Collier.
SR 24. By Senators Allgood of the 22nd, Kennedy of the 4th, Coleman of the 1st and others: A resolution expressing regrets at the passing of the Honorable William M. Lester.
SR 28. By Senator Turner of the 8th: A resolution commending Coach Nick Hyder and the Valdosta High School football team.

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SR 32. By Senator Brannon of the 51st: A resolution commending the volunteer firemen in Gordon County.

SR 35. By Senator Kennedy of the 4th: A resolution commending Stilson Elementary School.

SR 36. By Senators Kennedy of the 4th, Ray of the 19th and Gillis of the 20th:
A resolution expressing regret at the passing of Honorable Zach S. Henderson.

Senator Allgood of the 22nd moved that the Senate recess at 10:35 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing a message from His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 5, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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

Lieutenant Governor Miller, Speaker Murphy, Members of the General Assembly, Dr. McDaniel and Members of the Board of Education, Dr. Crawford and Members of the Board of Regents, Dr. Breeden and Members of the Vocational Education Board, Members of the Governor's Education Review Commission, Members of Georgians for Excellence in Education, Ladies and Gentlemen.
This is indeed a historic occasion, and I am humbled to be here today. Never before in the history of our state has a governor of Georgia appeared before a Joint Session of the General Assembly to make an address on the topic of education.
I am here today to report on the state of education in Georgia, and I can tell you that education in Georgia is the best it has ever been and it is going to be even better . . . but the truth of the matter is education in Georgia is not good enough . . . and I will not rest until education is the best it can possibly be.
Today marks the beginning of the end of education as we have known it in the past. For too many years, we have let "minimum" or "adequate" be our standards, but after today, we will accept nothing less than "quality" as our standard and "excellence" as our goal.
On June 14, 1982, I stood in the rotunda of this capitol as a candidate for governor and announced my education platform. The centerpiece of that platform was the

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creation of an "Education Review Commission" which would be charged with the task of thoroughly analyzing and assessing public education.
I was convinced that our public education system was long overdue for fundamental changes, and 1 knew that the people of Georgia shared this belief. I also knew that the next Governor of Georgia would be judged more by what he did to improve public education than any other single issue or combination of issues.
During the first legislative session of my term, I introduced and this body approved legislation creating the Governor's Education Review Commission. When this Commission was appointed in June of 1983, its membership representing Georgians from all walks of life set to work with a fervor and determination unequaled by any other effort I have witnessed during my 20 years of public service.
The Commission's legal charge was to define, once and for all, the components of a "quality basic education"; to determine the course of action to guarantee that quality education for every child in Georgia; and to recommend a method and plan of funding.
While the Commission worked, you and I began rebuilding Georgia's education foundation. Let me recount the steps we have taken in the past two years to be ready for today.
From kindergarten to college, we have scrutinized our education system like never before. The attention of the public has been focused on education like never before. We have found things that were good, . . . things that were not good, and we have made basic changes and improvements throughout.
While some governors and legislative bodies in other states were designing education reform efforts to satisfy the evening news . . . and raising their state taxes ... we in Georgia were designing a program to satisfy the needs of the next generation.
We have witnessed two years of unprecedented appropriations of tax money to improve education. During these two years, you and I allocated nearly $600 million in new funds to education, and the results of the expenditure and effective management of those funds are already evident in every single area of public education.
We have made sizable gains in both the beginning teacher's salary and the average teacher's salary.
Last year, our public school teachers received the largest salary increase in over a decade, and we are now well on our way to having a salary structure that will attract the brightest college graduates to the teaching profession and monetarily reward them so that they will make a career of teaching.
For the first time in our history, our students in the fourth, eighth and tenth grades have exceeded the national norms on national achievement tests. Out students' average S.A.T. scores increased last year by two points in both the verbal and math portions of the test.
The number of students passing the high school basic skills test on their first attempt is continuing to increase, while the number of high school dropouts is decreasing.
A third grade promotion test and a tenth grade writing test are being developed, as well as a program for continuing to improve S.A.T. scores.
The State Board of Education has increased the Carnegie Units for high school

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graduation, placing more emphasis on math, science and languages, and the State Board of Regents has mandated a rigorous pre-college curriculum.
Vocational education is benefitting from a new emphasis as a result of the creation of the Board of Postsecondary Vocational Education.
We have now addressed every major item recommended by the 1982 study committee on public higher education . . . and once again we have a capital expansion effort under way providing our university system with new construction and renovation on campuses throughout the state.
Our research institutions have won national recognition and acclaim, and last fiscal year, we reached a new high in research grants and contracts.
In addition to the enhancements and improvements to our educational infrastructure, there has been a new and vigorous effort devoted to expanding educational opportunities for all Georgians.
Through the various scholarship funds and programs administered by the Student Finance Commission, we have provided $120 million during the past two years to help students attend college. In fact, 26 percent of all the guaranteed loans made by the Commission since 1965, have been made during my administration.
We now have a solid education foundation. We have made basic changes, we have altered our course and set our sights on higher goals.
Reaching this point has not been easy, nor has it been without controversy, but the path we have taken these past two years was absolutely necessary to prepare us for the fundamental changes which would result from a comprehensive review of our education system.
Today we are ready to accept the challenges posed by the Education Review Commission and to begin the task of implementing those recommendations.
Unlike all previous education studies . . . the full recommendations of the Education Review Commission are going to be considered . . . and they must be enacted. This education report must become reality and must not be placed on a shelf to gather dust.
I have never been more committed to any goal or more serious about any one issue in my entire life than to improving public education . . . and I do not believe there is anyone among us who will be so selfish or so short-sighted as to participate in actions or initiate actions which will compromise these recommendations.
To do so will be to deny our children their birthright to the absolutely best education our tax dollars can provide, and will invoke the wrath of a demanding public.
The citizens of Georgia are anxious for a new approach to education and a better product from our education system. I know that you are no less committed than I am to giving them what they so rightly deserve.
I am not here today to point fingers or lay blame, but I am here today to say that two grave errors regarding public education have been made in past years.
First, we allowed education to be administered and delivered with very little accountability; and second, we let "minimum" and "adequate" programs determine our expectations.

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Those days of less than best are gone. From this point forward, we are going to accept only the highest accountability and the highest standards of performance from our students . . . from our teachers . . . from our administrators . . . and from our school systems ... all 187 of them.
We have designed a system to achieve excellence, and we are going to fund that system so that our educators have the tools they need. It is as simple as that . . . and as we improve public education, we will improve our whole state.
If there is anyone who has the gall to criticize significant new expenditures on education, or who will insinuate that these education expenditures diminish or prohibit efforts to enhance other areas of state government, I am calling your hand here and now: I challenge you to provide evidence that improving public education will in any way harm any other area of state government.
Improving and enhancing public education directly improves and enhances every department and area of state government . . . from corrections to law enforcement . . . from recreation to human services . . . and from community development to industrial development.
As we begin phasing in the recommendations of the Commission, one of the most fundamental changes will be in how we compensate and reward our educators and fund our programs.
We are going to implement new requirements at every level of the system from students to teachers to administrators ... to schools and systems themselves. We are going to monitor performance rigorously, ... we are going to reward outstanding performance and achievement, . . . and we are going to demand accountability in return.
Simply stated . . . there are going to be new standards . . . based on excellence . . . and these standards are going to be met ... no excuses accepted ... no exceptions allowed.
The concept of "accountability" is, admittedly, a revolutionary concept when applied to the education system . . . but it is a fundamental concept and a required practice in the business world where results determine rewards.
To those who would say that you cannot inject accountability into an education system ... I say "Watch Us!"
I am fully aware that if we demand excellence, we are going to have to pay for it. And we will. After I complete my budget presentation tomorrow, I will have recommended more than $1 billion in new funds for education improvement in three years' time. There is no comparable record in Georgia's history.
Let me tell you now my plan of action for implementing the recommendations from the Education Review Commission.
First, my floor leaders will today introduce legislation in both Houses based on the final report from the Commission. This legislation will replace "APEG" with what will be known as "QBE" A "Quality Basic Education" program which establishes "excellence" as the educational standard in Georgia.
Next, I will follow with written requests to the Board of Education, Board of Regents and Board of Postsecondary Vocational Education regarding the implementation

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of the Commission's recommendations which do not require legislation. The majority of these recommendations will be addressed and implemented by the State Board of Education.
They include: developing a career ladder for teaching personnel, and a leadership/ incentive responsibility program. Developing a training program for local school board members, sharpening the focus on the role of vocational education and strengthening its base, beginning a professional development center for educators, improving leadership training programs, developing leadership performance assessment programs, developing student writing tests in grades six and eight, national comparison tests for students, and kindergarten assessment programs, enacting a much improved statewide information network, devising a quality basic education cost accounting system, setting up a compensatory education eligibility and evaluation criteria, and developing a major revision of our public school standards.
In addition, I will ask the Board of Education to establish a program to encourage local systems to design and implement innovative projects that have the potential of improving our overall system of education if used on a statewide basis.
Funds to begin the development of every single one of these comprehensive programmatic changes are being included in my FY '86 budget recommendations.
I intend to see these initiatives developed and refined in the same thoughtful and thorough manner in which the Review Commission developed its recommendations with involvement by a broad spectrum of educators and other citizens.
They will be implemented only after careful deliberation, in most cases they will have to be phased in, and, in some cases, they will be implemented only after successful testing on a pilot basis. But they must be implemented.
In addition to the legislative and board actions, tomorrow I will release my complete budget report for fiscal year 1986 . . . which includes total spending for public schools that exceeds the Education Review Commission's first year funding recommendation of $153 million ... by $78 million ... for a grand total of $231 million to support our first year program to achieve excellence in education.
For the third consecutive year, 60 percent or better of all new money has been allocated to education . . . and over 50 percent of the total state budget once again is education spending.
Now in salaries, the Commission recommended $98 million in the school year starting next fall, but I am asking for approval of $134,570,408 in salary increases for our public school teachers and other personnel. . . which will place all our educators on the same salary schedule once again.
The pay package I am recommending will provide our public school personnel with an average salary increase greater than 10 percent and will increase the average teacher salary to over $24,000!
Also in our budget recommendations I am not ignoring other areas of state government. For all state employees I will also be recommending a 7 percent pay raise and for our university system personnel a 7 percent pay raise.
This financial package includes the implementation of an entirely new salary schedule for teachers. It is a bit complicated, so I want to carefully outline the proposal.

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First, the Education Review Commission said that teacher salaries should be market sensitive. The Commission recommended that in three years the beginning salary for teachers should be raised to $16,000 ... a salary level comparable to fellow graduates in other fields. I wholeheartedly agree, but we cannot wait.
1 am today calling for increasing the beginning teacher's salary to $16,000 ... for the school year beginning this September ... an increase of 11.7 percent, and the most dramatic increase in beginning teachers' salaries ever.
This is the single most important recommendation I am making directed at recruiting the best students to the field of education.
The new salary schedule I am proposing for teachers has seven experience steps and four longevity steps. Unlike the current schedule that provides smaller increases for years of service, the new schedule provides larger increases for the more experienced teachers.
The current schedule calculates a 2.5 percent increase each year against the salary index of the beginning teacher, but the new schedule provides a compounding element by computing the 2.5 percent increase against the previous year's salary . . . similar to the schedule the merit system provides for state employees.
I am also recommending that we develop and fund at the state level a mandatory full day kindergarten in every school system in Georgia. The Education Review Commission found and I agree that this early childhood period is most critical in determining a child's later growth, development and learning potential.
It is the period in which the foundation is laid for the entire educational experience. Our kindergarten program will be designed to help children reap the maximum benefit from this early developmental period and to ensure that all children entering first grade have the chance to start with the same fundamental skills and abilities.
Some form of full day kindergarten is already provided on an optional basis and locally funded in 157 out of 187 school systems in Georgia. Because it is not required that all children attend kindergarten, our first graders start school with varying degrees of readiness. In effect, we have been guaranteeing the need for remedial education for some students throughout their educational career.
This recommendation by the Commission is the one which has stirred the most comment and controversy . . . controversy which is based on total misconceptions.
First, it does not mandate that a child be forced from home into a rigorous schedule at the age of five or six. The mandatory school age will remain age seven . . . but unless a child has certain basic skills upon entering school, that child will begin the school career in kindergarten.
There is absolutely no requirement with respect to children at ages five or six. However, parents will have the right to choose public or private kindergarten for their children at these ages or to register as a home school and provide instruction in a home environment.
Second, the recommended program provides for only 4 and '/: hours of instruction per day. The remainder of the day will be spent on recreation and rest which is so important to a child's rapid growth at that age.

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To prepare for the kindergarten program, I am recommending $27,321,611 to allow the hiring of 1,792 teachers and 1,792 aides for the expanded classroom load. I am also recommending $8 million to meet additional classroom needs and equipment requirements.
A very important and overlooked fact is that these state funds will free up over $20 million of local effort being devoted to kindergarten in 157 school systems . . . $20 million that can now be devoted to other education needs locally.
Additional Review Commission recommendations in my budget proposal include $4,259,350 to increase maintenance and operation funds by 4 percent, from the current $2,150 per unit, to $2,235 per unit . . . and $1.4 million to implement for the first time ever an educational technology program, which includes $1 million in 3-to-l matching grants for computer equipment purchases for local systems.
I am also including $250,000 for scholarships for 250 of our top high school graduates who choose to attend one of our Georgia colleges in an effort to keep our best brains in Georgia.
Also for our public schools, I am recommending $94,175,000 in construction funds to build and equip school buildings and facilities. In addition, I am recommending to you our state's most ambitious program to improve libraries in history . . . $7,240,000 to construct or provide additions for 15 public libraries.
Including the increased funds to operate our public schools, the new construction funds, and the significant teacher pay raises, the total expenditure of new funds to improve the quality of our public schools is $340,665,438.
The importance of higher education in the total education spectrum has not been overlooked in my budget recommendations. In fact, I am recommending a major enhancement for our university system. Based on the Regent's formula, combined new funds for our 33 colleges and universities will exceed $90 million next year, and including capital outlay, this figure approaches $150 million.
My budget recommendation includes $2,750,000 for a total of $5,500,000 in second-year funding for the effort to allow our research institutions to retain 100 percent of their research grants . . . $6,500,000 for new equipment purchases . . . and $3,500,000 for the second-year of funding for our research consortium.
I am also asking you to approve $2,200,000 in cash to continue renovations of the Talmadge Memorial Hospital and $39,250,000 in bond proceeds to fund the Board of Regents' top 13 priorities at 12 different campuses.
These capital outlay funds, coupled with the recommendation I made to you in my amended budget of $5,425,000 for the continuing education center at the University of Georgia, and including a research announcement I will make tomorrow . . . provide the largest total construction funds for our university system in 21 years.
Equally significant, this recommendation fulfills the state's current desegregation commitment for capital construction on the campuses of Albany State, Fort Valley State, and Savannah State.
I am also asking your approval for $500,000 to begin an "eminent scholars program" in our university system. These funds will be used to match private donations and create a $1 million chair of microelectronics at Georgia Tech and a $1 million

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chair of biotechnology at the University of Georgia. I intend to expand the chairs of excellence program into other institutions in future budgets.
My recommendations to you for salary increases for educators, for new programs in education, for enhancement of existing programs, and for new construction of education facilities bring the grand total of new funds for education I have recommended in my first three budgets to over $1 billion . . . $1,006,548,385 to be exact.
The significance of this figure . . . achieved without a tax increase . . . should convince everyone that the priority of this administration is truly excellence in education.
And as I stated earlier ... for the first time, our education appropriations are being made in tandem with new and higher goals . . . new and higher levels of expectation . . . and with the new education byword . . . accountability.
This, my friends, has been a brief review of my budget and legislative recommendations based on the report of the Education Review Commission. I cannot say enough in praise of these individuals who have given of their time and talents over the past 18 months to produce this report . . . sacrificing time with their families and their own professions in a contribution toward the future of Georgia.
Their efforts resulted in the most comprehensive analysis of public education ever undertaken in the history of our state, the recommendations are a blueprint for the future. They are practical . . . timely . . . and balanced: practical because they are realistic and attainable; . . . timely, because they not only address today's deficiencies, but tomorrow's likely problems; . . . and balanced, because they recognize the dual role that reward and responsibility must have in enhancing the performance of students, teachers, administrators.
But I would like to make one thing clear: all the new dollars, and all the new programs, won't make an ounce of difference without one simple but fundamental ingredient and that is "commitment."
Commitment from parents, business people and local communities. Commitment from teachers, school principals and superintendents. Commitment from school board members and our Department of Education. Commitment from the State Board of Education and the Board of Regents.
But most of all ... commitment from you and me. . . . Without any reservation or equivocation, I want to state that there has never been a governor in the history of Georgia who has ever been more committed, more determined and more dedicated to seeing that a program passes than Joe Frank Harris is to seeing that this educational plan becomes law.
I pledge to the people of Georgia that I will use every element of persuasion, every bit of authority, and, if it takes it, every ounce of strength in my body to see that this plan is funded and implemented.
This is truly going to be the "year for education" in Georgia. Now you as members of the General Assembly have the power to make it happen. Once again, I ask you to join hands with me on behalf of the children of our great state of Georgia.
Thank you and God bless you.

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

The President of the Senate announced the Joint Session dissolved.

Serving as doctor of the day today was Dr. Juan Gonzalez of Villa Rica, Georgia.

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

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Senate Chamber, Atlanta, Georgia Thursday, January 17, 1985 Fourth Legislative Day

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

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

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

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

Mr. President:

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

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1984-85.

HB 44. By Representatives Morton of the 47th, Davis of the 45th, Williams of the 48th and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to provide for the terms of office for the mayor and councilmen.

HB 52. By Representative Greene of the 130th:
A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, so as to change provisions relating to the deputy sheriff.

HB 53. By Representative Greene of the 130th:
A bill to amend an Act placing the sheriff of Stewart County on a salary basis and relating to the sheriffs office, so as to change the provisions for compensation of the deputy sheriff.

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HB 55. By Representatives Jackson of the 9th and McDonald of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the fee charged for filing an application for a certificate of title and notice of a security interest or lien.

HB 78. By Representatives Murphy of the 18th, Daugherty of the 33rd, Connell of the 87th 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 salaries of the members of the General Assembly.

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

SB 63. By Senator Brannon of the 51st:
A bill to amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that under certain conditions the motor vehicle of a person convicted of certain offenses relating to driving under the influence of alcohol or drugs shall be declared contraband and subject to forfeiture to the State.
Referred to Committee on Judiciary.

SB 64. By Senator Brannon of the 51st:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to requirement of proof of insurance prior to licensing of motor vehicles and other requirements relating to proof of insurance, so as to repeal the provisions which require owners of motor vehicles to keep proof of insurance coverage in the vehicles at all times during operation of such vehicles.
Referred to Committee on Insurance.

SB 65. By Senators Allgood of the 22nd, Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Part 18 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to redefine certain terms; to define the terms "metropolitan statistical area" and "limited purpose bank"; to authorize parent banks or branch banks to establish and operate bank offices or bank facilities under certain conditions within any county or any metropolitan statistical area.
Referred to Committee on Banking and Finance.

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SB 66. By Senator Allgood of the 22nd:
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 make it the duty of the clerk to ascertain that a lien or judgment contains the name, address, and social security number of the person against whose property the lien is filed; to require persons presenting liens or judgments for filing to provide such information.
Referred to Committee on Judiciary.

SB 67. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state offices, so as to delete certain provisions regarding determination of a candidate's qualifications by the Secretary of State; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 68. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 69. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to filing notices of candidacy and nomination petitions; so as to change certain affidavit requirements for candidates for the office of United States Representative or Senator.
Referred to Committee on Governmental Operations.

SB 70. By Senator Kidd of the 25th:
A bill to repeal Code Section 21-3-476 of the Official Code of Georgia Annotated, relating to selling or buying alcoholic beverages on primary or election days.
Referred to Committee on Consumer Affairs.

SB 71. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit registrars to deliver absentee ballots in certain elections to persons confined in hospitals on primary and election days; to provide an effective date.
Referred to Committee on Governmental Operations.

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SB 72. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Asssembly; to provide a period of 14 days for filing notices of candidacy.
Referred to Committee on Governmental Operations.

SB 73. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to magistrates and chief magistrates, so as to provide that a probate judge who also serves as a magistrate other than the chief magistrate shall be compensated for his services as magistrate in an amount not less than $200.00 per month; to provide for all related matters; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 74. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense shall be entitled to be present in court during the prosecution of such offense; to provide for certain exceptions.
Referred to Committee on Judiciary.

SB 75. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determining the appropriate sentence.
Referred to Committee on Judiciary.

SB 76. By Senators Coverdell of the 40th, Burton of the 5th and Bond of the 39th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions applicable to motor vehicles and traffic, so as to require the use of safety belts in motor vehicles; to provide for certain exceptions; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to provide for repeal of said provisions after the expiration of a certain period of time.
Referred to Committee on Public Safety.

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SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiff's request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.
Referred to Committee on Judiciary and Constitutional Law.

SB 78. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, so as to change the amount of the rates so allowed.
Referred to Committee on Judiciary and Constitutional Law.

SB 79. By Senator Fincher of the 54th:
A bill to amend Code Section 16-12-100, relating to sexual exploitation of children, so as to require certain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto; to provide for immunity from liability; to provide for penalties.
Referred to Committee on Judiciary and Constitutional Law.

SB 80. By Senator Fincher of the 54th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instructional services under the "Adequate Program for Education in Georgia Act," so as to provide for programs of developmental screening and remedial education for certain children under five years of age and to provide for programs of parent education.
Referred to Committee on Education.

SB 81. By Senator Fincher of the 54th:
A bill to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding liability of owners and occupiers of land, so as to establish lifeguard requirements for certain swimming facilities; to provide for liability for damages and waive sovereign immunity for certain damages.
Referred to Committee on Judiciary and Constitutional Law.

SB 82. By Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every school in Georgia; to

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provide for a state-wide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources.
Referred to Committee on Education.

SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.
Referred to Committee on Governmental Operations.

SB 84. By Senators Engram of the 34th, Horton of the 17th, Garner of the 30th and Harris of the 27th:
A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing persons, so as to provide that certain persons hospitalized or resident in certain facilities shall be considered to be missing persons under specified circumstances.
Referred to Committee on Public Safety.

SB 85. By Senators Engram of the 34th, Garner of the 30th and Harris of the 27th:
A bill to amend Code Section 31-23-6 of the Official Code of Georgia Annotated, relating to removal of eye or corneal tissue, so as to change the conditions for removal of corneal tissue and provide immunity from liability therefor; to provide an effective date.
Referred to Committee on Human Resources.

SR 33. By Senator Fincher of the 54th: A resolution designating the I. M. Peeples Memorial Bridge.
Referred to Committee on Transportation.

SR 34. By Senator Kidd of the 25th:
A resolution urging Congress to propose an amendment to the Constitution of the United States to provide four-year terms of office for members of the United States House of Representatives.
Referred to Committee on Governmental Operations.

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SR 37. By Senators Kidd of the 25th, Trulock of the 10th and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide that members of boards of education shall be elected; to provide that school superintendents shall be appointed by their respective boards of education; to revise the provisions relating to changes in school boards and superintendents; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.

SR 38. By Senators Greene of the 26th, Broun of the 46th, Dean of the 31st and others:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.

SR 39. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1984-85.
Referred to Committee on Appropriations.

HB 55. By Representatives Jackson of the 9th and McDonald of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the fee charged for filing an application for a certificate of title and notice of a security interest or lien.
Referred to Committee on Judiciary and Constitutional Law.

HB 78. By Representatives Murphy of the 18th, Daugherty of the 33rd, Connell of the 87th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowance of certain state offi-

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cials, so as to change the salaries of the members of the General Assembly.
Referred to Committee on Appropriations.

HB 44. By Representatives Morton of the 47th, Davis of the 45th, Williams of the 48th and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to provide for the terms of office for the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

HB 52. By Representative Greene of the 130th:
A bill to amend an Act abolishing the mode of compensating the sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, so as to change provisions relating to the deputy sheriff.
Referred to Committee on Urban and County Affairs.

HB 53. By Representative Greene of the 130th:
A bill to amend an Act placing the sheriff of Stewart County on a salary basis and relating to the sheriffs office, so as to change the provisions for compensation of the deputy sheriff.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 11. Do pass. SR 31. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Governmental Operations 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:

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SB 9. Do pass by substitute. SB 25. Do pass. SB 34. Do pass.

SR 5. Do pass. SR 14. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary 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 13. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 3. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 23. Do pass. SB 39. Do pass. SB 40. Do pass.

SB 41. Do pass. SB 44. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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77

The following resolutions of the Senate were read the second time:

SR 4. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.

SR 9. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); to provide an effective date.

SR 10. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia.

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

Albert Allgood Baldwin Barker Barnes J*wen rann,on
D % AM BZnoff 44m Brvant Burton
Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison
Hi^ TMTMy Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh
Tate Timmons Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Bond Cobb (excused)

English

Walker

Senator Howard of the 42nd introduced the chaplain of the day, Reverend R. Kirk Miller, Special Appointment of Atlanta Association of Pastoral Counselors, Decatur, Georgia, who offered scripture reading and prayer.

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The following resolution of the Senate was read and adopted:

SR 40. By Senators Kennedy of the 4th, Gillis of the 20th, Bryant of the 3rd and others:
A resolution commending Honorable Zell Miller.

Senator Allgood of the 22nd moved that Senator Cobb of the 28th be excused from the Senate today, January 17, and Friday, January 18, to enter the hospital for tests.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Cobb of the 28th was excused from the Senate today, January 17, and Friday, January 18.

Senator Allgood of the 22nd moved that the Senate recess at 10:45 o'clock A.M.,
the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:00 A.M. o'clock tomorrow, and the motion prevailed.

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

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

Lieutenant Governor Miller, Speaker Murphy, Members of the General Assembly, Members of the Appellate Courts, Constitutional Officers, Distinguished Guests, Ladies and Gentlemen:
It has been a year since I last reported on the condition of our state, and I am proud to be able to stand here today and report to you that the state of our state has never been better . . . and our future has never looked brighter!
As the fourth fastest growing state in the nation, and the state with the second highest growth in per capita income, we have much to be grateful for.
Revenue growth in the first six months of this fiscal year is averaging more than 18 percent, . . . and our depleted revenue reserves will soon be refilled.
I recently announced that new and expanded capital investment in Georgia topped $11 billion in 1984, almost double the 1983 figures.
We have climbed dramatically in the ranking of states with a positive climate for

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small business, . . . while home building and commercial construction in our state are outstripping the rest of the nation.
As a result of these developments, over 140,000 jobs were created last year in the private sector, and our unemployment rate reached its lowest point in five years in November.
We have truly been blessed, . . . but we also have added to our success through good management, creativity, flexibility and innovation by State Department and Agency heads.
As you recall, I took office in a period of economic uncertainty, . . . and although we were looking for a projected upturn around every corner, a recession had us firmly in its grasp.
The situation required us to buckle down, trim our budgets, and find new ways to deliver services. "Teamwork" became the watchword of my administration.
For example, when new Labor Commissioner Joe Tanner took over that troubled department, one of his first actions was to set up a task force composed of representatives of 10 state agencies to review his organization . . . and to devise a management plan emphasizing efficiency and streamlined operations.
As a result of that task force's findings, I have introduced as part of my administrative package legislation to enact a significant reorganization of the State Labor Department.
Individually, all our state agencies and departments realized new levels of accomplishment during 1984. Today your state government is working better than ever.
For Fiscal Year 1986, I am recommending a budget totaling $4,838 billion an increase of $485,672,335 over the amended budget. This is the largest increase for any single budget in Georgia's history and is based on a projected revenue growth of 12.5 percent.
In my recommendations, I have made special efforts to enhance programs and activities which directly impact economic development.
One of my campaign commitments was to implement a sound economic development program that would produce long-term, sustainable growth to carry us through the next decade and into the 21st century.
Foremost among the tools to produce such growth is education. Yesterday I presented my recommendations for improving public education in Georgia. Enactment of these recommendations is essential, and when coupled with other economic development efforts, sustained growth will be assured.
Last year, for the first time ever, you funded a coordinated economic development package totaling $81 million. This year, I am recommending a $142 million economic development package.
This package has three primary objectives:
First, to enhance basic government services that are essential for growth;

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Second, to provide state investments that will stimulate private development and create jobs.
And third, to focus our efforts on areas of slow growth and declining employment opportunities.

I am putting agriculture in the spotlight for the first time in many years. I am proposing legislation and $600,000 to create the Georgia Agricultural Exposition Authority to plan and design an agricultural exposition center in middle Georgia.
This center will enhance our agricultural ventures and farm economy year-round . . . and attract tourists from across the Southeast.
Although Georgia farmers are among the leaders in productivity in our nation, international markets for our farm products have not been properly explored.
In conjunction with the Department of Agriculture's new efforts to boost the sale of Georgia products, I invited a trade mission from the Republic of China to come to Georgia. That trip resulted in the sale of $22 million worth of Georgia soybeans.
To continue the promotion of Georgia agricultural products, I am recommending that we establish an overseas trade office for the Georgia Department of Agriculture in Brussels.
To further develop our state's foreign trade opportunities, ... I am recommending funds to set up a trade office in Seoul, Korea to be operated jointly by the Department of Industy and Trade and the Georgia Ports Authority. . . . Georgia will thus become the first state to establish a trade office in Korea, . . . and I believe this will bring our state and our nation a host of new trade opportunities.
Although Georgia's forest industry boosts our economy by $7 billion a year and provides 74,000 jobs, we must take steps to ensure the industry's future health. Currently we are harvesting more timber than we are replanting, and this trend is projected to increase.
Thus, I am requesting $391,040 to add 12 foresters across the state to encourage small landowners to replant land immediately after timber is harvested . . . and to use marginal crop land for timber growing.
And, finally, to let the rest of the world know of Georgia's forest products industry, I am recommending that the Department of Industry and Trade launch a special effort to promote the export of Georgia's forest products.
In my amended budget proposal, I recommended funds for several new projects to promote tourism in Georgia including a major expansion at Lake Lanier Islands.
Amicalola Falls State Park is another North Georgia facility that has great tourist potential. I am recommending $6.5 million in bonds to build a completely self-supporting resort development there.
In a related area of our natural resources, I am recommending $1,088,767 to increase state funds to offset a federal funds reduction in wildlife management areas.
To promote the use of state recreational facilities and parks, I am recommending a tourist and marketing specialist for the Department of Natural Resources.

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81

I am further directing the Departments of Natural Resources and Industry and Trade to study the possibility of end-destination tourism facilities in other regions of the state, such as Southwest Georgia.
To further encourage tourism, I am recommending a five-year ad campaign to promote Georgia as a tourist destination state, and to recruit industry. This will increase the advertising budget of the Department of Industry and Trade to $3,000,000 next year.
My budget recommendation also includes $1,667,500 for the Public Service Commission to conduct audits to evaluate Plants Vogtle, Hatch and Scherer, and $686,579 to expand the staff capabilities of the Commission.
A major inducement to new and expanding industry is Georgia's nationally-known Quick Start Program. Last year, Quick Start supported 120 new projects representing $2.1 billion in capital investment and thousands of new jobs.
This year, I am recommending $2.8 million to continue this fine program which is projected to serve 130 companies and almost 11,000 workers.
Adequate local services also play an important role in attracting industries to our state. To help small communities build needed environmental facilities, I am asking you to increase funding of a combined water/sewer/solid waste grant program to $8,000,000 next year.
I want to reemphasize my commitment to the local government water and sewer revolving loan program initiated last year through the Georgia Development Authority. Unfortunately, an impending court case and its possible impact on the $30 million authorized for the current year have delayed start-up.
Pending the Supreme Court decision, an alternative method of providing financial assistance for local water and sewer projects may be required and, if so, it will be presented in my 1986 amended budget proposal.
Transportation is a key to economic expansion, and two developmental highways, now partially constructed, will stimulate growth. These are the Appalachian Highway in North Georgia, and Corridor Z in South Georgia.
I am recommending that the state undertake an intensified three-year program to complete these two highways. The total project will cost $165,000,000. Forty million dollars will be needed in each of the next three years for a total of $120 million. The remaining funds will come from motor fuel taxes, federal and other sources.
Although you will see these funds in my recommended FY 1986 budget, I met with your leadership last week, and I agreed to support a portion of the bond funds in my FY 85 amended budget.
Last year we consolidated several developmental efforts within the Department of Transportation into a new $30 million program to construct industrial access roads, developmental highways, four lane and passing lane improvements. In addition to the $40 million developmental effort for Appalachian and Corridor Z, I am recommending that we increase this program to $32 million for the upcoming year.
By combining federal bridge monies with state motor fuel funds, I am proposing a $40,000,000 program for local roads and bridge rehabilitation, and I have once again

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set an annual goal of repairing 10 percent of the state highway system with a $50,000,000 program.
Also in transportation, I am recommending $1,270,000 to continue the local airport development program and $243,000 for air traffic control projects. An additional $3 million in bond funds for maintenance of the Savannah harbor will allow our port operations to continue the dramatic tonnage increase they saw last year.
Other parts of my economic development program include:
The expansion of the small and minority business programs we initiated last year;
The further development of the commercial shellfish industry in our coastal region;
The investigation of the commercial feasibility of several valuable minerals found in various parts of the state;
And the initiation of several major economic studies to determine what industries hold the most promise for the more remote regions of the state.

The economic program I have outlined thus far includes substantial support for our existing industries, agriculture, manufacturing, tourism, forest products, transportation, and others the backbone of our state's economy. But we also must look to the future and initiate actions that will provide jobs and a high standard of living for our future generations.
Last year, we took the first step in an aggressive campaign to capitalize on our university-level research and to attract high technology industry. You approved the funding for the Georgia Research Consortium which was used to make the down payment on the purchase of a $10 million super-computer for the University of Georgia's Center of Advanced Computation. This year's budget includes the second $3.3 million payment for this project.
As our next substantive step in this campaign, I am recommending that we build and equip a $30 million microelectronics center at Georgia Tech. This total includes $15 million in state funds which will be matched dollar for dollar from private and federal funds over the next five years to complete the project.
Yesterday I also announced the creation of a $1,000,000 Chair of Microelectronics at Tech, and I am convinced beyond doubt that these investments will pay significant long-term dividends by encouraging the relocation of high technology companies and the creation of new firms in this field.
While reaching toward the future, we must not overlook the less fortunate among us. Therefore I am recommending several budget items to meet the needs of our disadvantaged citizens.
For the A.F.D.C. program I am recommending an increase of 7 percent at a cost of $5 million. This increase will offset the effects of inflation, and for the first time in recent memory, allow for a real increase in benefits.
Also in the area of human services, I am recommending $2,665,283 to expand the

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Community Care for the Elderly Act which we began last year. State funds will be matched with Medicaid funds to allow us to screen 19,900 individuals . . . and serve 6,250 older Georgians in their own homes.
The Department of Human Resources' campaign to prevent child abuse called "It's OK To Tell" has attracted state and national attention. Child abuse is a profoundly sad problem that must be dealt with in the strictest manner. To expand our capability to investigate complaints of abuse and neglect in child care facilities . . . and to increase social services for the protection of children, I am recommending $3,323,410 in additional funds.
Included in this amount is $329,000 for the Georgia Council on Child Abuse, Inc., to set up four regional offices in Albany, Athens, Savannah, and Warner Robins. Additionally, I am recommending $1,148,389 to increase the rates paid for residential care of children currently in the custody of the state.
For the protection and care of mentally ill and retarded Georgians, ... I am recommending $1,787,916 in state, federal and other funds to provide community residential placements and support services to 260 individuals.
One of the most significant proposals I am recommending to you is a new program to treat alcoholism. As you know, we have waged an aggressive public awareness campaign to focus attention on the problems caused by drunk drivers, . . . and we have enacted tougher penalties for DUI. As a result, there has been a 15 percent decrease in alcohol-related traffic fatalities.
But these efforts will not be effective in the long run unless services are made available to treat alcohol abusers once they are identified. Consequently, I am proposing a four-year plan to provide alcohol treatment services on a statewide basis.
The plan will link existing hospital and community services much more effectively . . . and will significantly expand community programs so that those needing treatment can be served close to home, thus encouraging more support from family and friends.
For Fiscal Year 1986, $1,438,758 in state and federal funds are recommended to begin the first phase of the program in the southwest and northwest portions of the state.
In a recent presentation before the Joint Appropriations Committee, I outlined a new health program that will expand Medicaid coverage to children under 18 years of age . . . and pregnant women in intact households who have earnings beyond the welfare level, . . . but do not earn enough to afford adequate medical care. These people have been left out of the system for too long, and I am strongly recommending this very important program.
Also in Medicaid, I am seeking $1,425,330 to improve health screening and preventive services for needy children, and $5,029,611 to raise rates to compensate providers for inflationary increases.
As I reported to you recently, our prison population continues to grow. To meet this demand for more prison space, you are now considering proposals to build two new prisons and complete the renovation of Georgia State Prison at Reidsville.
To help relieve pressure on our state prison system and to offer greater local support, I am recommending that the county subsidy for jails be increased to $8 per day,

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that the popular grants for local jails program be raised to $500,000, and that grants for county work camp construction be increased to $1 million.
In a related effort to decrease the demand for prison beds, I am recommending $3,840,898 for programs related to alternatives to incarceration, including funds for community service officers to meet the mandates of legislation requiring community service for certain offenses.
Also in law enforcement, I am recommending $971,973 to fund 29 positions as the initial staff for the Georgia Public Safety Training Center. Some $33.5 million in construction is currently under way at the Center which should be open January 1986, six months ahead of schedule.
A serious problem in law enforcement continues to be drug trafficking, which involves an illegal economy almost twice the size of the state budget. Our strike force on drug suppression, combining the manpower and equipment of six state agencies in the war on drugs, seized and destroyed over 125,000 marijuana plants . . . with a street value of over $106 million during the 1984 growing season.
To increase our efforts against drug trafficking, I am recommending an additional $881,071 to add 18 positions for the GBI.
This concludes the overview of my recommendation for the 1986 Budget. It is a budget which addresses the current and future needs of our state in the most efficient and effective way possible, and it is based on a solid revenue projection for the coming year.
It builds on the meaningful improvements made in my previous two budget presentations to you . . . and sets in place some important new initiatives designed to prepare us for the future in high technology, exporting, agriculture, tourism, transportation and human services.
During the past two years, we have worked together to keep our state government on a sound financial footing.
Yesterday, we embarked on a course of educational reform which will restore confidence in our public schools.
Today, I ask you to continue working with me to foster development and promote the prosperity Georgians so richly deserve.
I am pleased to be able to join hands with you in pursuit of the goal of a greater Georgia a Georgia where each and every child can obtain a quality basic education; a Georgia where a variety of job opportunities exist; a Georgia where recreation options abound; a Georgia which provides for the health and medical needs of the elderly, . . . the young, and the disadvantaged.
When I took office, I said that I wanted to be the governor who would make Georgia a place where children could grow up to fulfill their parents' dreams for them. Together we are building that Georgia you can take pride in your past accomplishments we will be proud of our future accomplishments and I am proud to serve the people of Georgia with you.
Thank you and God bless you.

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

The President of the Senate announced the Joint Session dissolved.

Serving as doctor of the day today was Dr. Fleming Jolley of Sea Island, Georgia.

Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 18, 1985 Fifth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 86. 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 specify residency requirements for the city's mayor and council members.

HB 87. 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 additional compensation may be provided for the council member who serves as mayor pro tempore.

HB 100.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange.

HB 102.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the board of commissioners of Lowndes County to regulate and

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impose license taxes of persons, firms, and corporations doing business in the unincorporated area of the county.

HB 103.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to exemption of the homesteads of residents of the City of Valdosta from ad valorem taxation imposed by the City of Valdosta.

HB 104.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to exemption of the homesteads of residents of Lowndes County from ad valorem taxation for county and school purposes.

HB 105.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provision of and assessment by Lowndes County against owners of abutting property for costs of streets, roads, curbs, gutters, drainage, streetlights, and sidewalks.

HB 106.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the board of commissioners of Lowndes County to license and regulate itinerant peddlers and vendors and other tradesmen.

HB 107.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to exemption from ad valorem taxation of certain real property or historical interest located within Lowndes County.

HB 108.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to combination of the revenue and tax administrations of Lowndes County and the City of Valdosta.

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HB 109.

By Representative Auten of the 156th:
A bill to clarify the definition of the word "project" with respect to the powers and duties of the Mclntosh County Industrial Development Authority.

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

SR 28. By Senator Turner of the 8th:
A resolution commending Coach Nick Hyder and the Valdosta High School football team.

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

SB 86. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, so as to provide that the superior court may delegate to the magistrate court the authority to grant bail for certain offenses otherwise bailable only before a judge of superior court; to provide for all related matters.
Referred to Committee on Judiciary.

SB 87. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide for postjudgment discovery in aid of judgments in the magistrate court.
Referred to Committee on Judiciary.

SB 88. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court.
Referred to Committee on Judiciary.

SB 89. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to locations at which the uniform rules of the road

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law is applicable, so as to change the provisions relating to certain offenses; to provide for other matters relative to the foregoing.
Referred to Committee on Judiciary.

SB 90. By Senator Kennedy of the 4th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state correctional institution in a suitable room at the institution.
Referred to Committee on Offender Rehabilitation.

SB 91. By Senators Harrison of the 37th, Hudgins of the 15th, Barnes of the 33rd and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site.
Referred to Committee on Industry and Labor.

SB 92. By Senators Garner of the 30th, Bowen of the 13th and Brannon of the 51st:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral establishments, so as to change the provisions relative to examination by the board; to change the qualifications for applicants and apprentices; to delete certain provisions relating to examination and examination papers.
Referred to Committee on Governmental Operations.

SB 93. By Senator Bowen of the 13th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to certain filing fees charged by clerks of superior courts, so as to authorize clerks of the superior courts to charge a fee to any party for preparation of record and transcript.
Referred to Committee on Judiciary.

SB 94. By Senators Gillis of the 20th, Bryant of the 3rd, Reddish of the 6th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and

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nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing.
Referred to Committee on Natural Resources.

SR 41. By Senator Hine of the 52nd:
A resolution authorizing the conveyance of certain state-owned real property located in Bartow County, Georgia, to the City of Kingston, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

SR 42. By Senators Tysinger of the 41st, Dawkins of the 45th, Deal of the 49th and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to control by appropriations and by other law funds derived from sources other than state and federal funds; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 44. By Senators Greene of the 26th, Harris of the 27th, Barnes of the 33rd and 53 others:
A resolution authorizing the placing of a bust of Sidney Lanier in the State Capitol Building.
Referred to Committee on Governmental Operations.

SR 46. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the legislative suspension, revision, or veto of rules or regulations proposed by certain institutions, departments, or other agencies of the state; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 47. By Senators Stumbaugh of the 55th, Barnes of the 33rd, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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

HB 106. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the board of commissioners of Lowndes County to license and regulate itinerant peddlers and vendors and other tradesmen.
Referred to Committee on Urban and County Affairs.

HB 107. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to exemption from ad valorem taxation of certain real property of historical interest located within Lowndes County.
Referred to Committee on Urban and County Affairs.

HB 108. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to combination of the revenue and tax administrations of Lowndes County and the City of Valdosta.
Referred to Committee on Urban and County Affairs.

HB 109. By Representative Auten of the 156th:
A bill to clarify the definition of the word "project" with respect to the powers and duties of the Mclntosh County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 86. 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 specify residency requirements for the city's mayor and council members.
Referred to Committee on Urban and County Affairs.

HB 87. 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 additional compensation may be provided for the council member who serves as mayor pro tempore.
Referred to Committee on Urban and County Affairs.

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HB 100. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange.
Referred to Committee on Urban and County Affairs.

HB 102. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the board of commissioners of Lowndes County to regulate and impose license taxes of persons, firms and corporations doing business in the unincorporated area of the county.
Referred to Committee on Urban and County Affairs.

HB 103. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the exemption of the homesteads of residents of the City of Valdosta from ad valorem taxation imposed by the City of Valdosta.
Referred to Committee on Urban and County Affairs.

HB 104. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to exemption of the homesteads of residents of Lowndes County from ad valorem taxation for county and school purposes.
Referred to Committee on Urban and County Affairs.

HB 105. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provision of and assessment by Lowndes County against owners of abutting property for costs of streets, roads, curbs, gutters, drainage, streetlights and sidewalks.
Referred to Committee on Urban and County Affairs.

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93

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

Mr. President:

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

SB 12. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 24. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 19. Do pass by substitute. SB 61. Do pass as amended.
Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SR 6. Do pass.

Respectfully submitted, Senator Coleman of the 1st District, Chairman

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

SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Annotated, relating to limitations on home rule powers of municipal corporations, so as to authorize the amendment of municipal charters by ordinance to establish the terms of office of members of the municipal governing authority at four years; to provide for amendment of such ordinances.

SB 9. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.

SB 11. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, so as to provide that the Board of Industry and Trade may receive gifts, donations, or contributions from any persons; to provide that the Board of Industry and Trade and the Department of Industry and Trade may contract and make cooperative agreements, leases, and rental agreements with certain entities.

SB 25. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Code Section 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses to practice veterinary medicine and renewal of expired licenses, so as to change the provisions relating to reinstatement of an expired license; to provide for an effective date.

SB 34. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the location of voter registration places and procedures concerning voter registration cards, so as to allow completed registration cards to remain temporarily at permanent additional voter registration places; to provide an effective date.

SR 5. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; to provide an effective date; to provide for the submission of this amendment for ratification or rejection.

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95

SR 13. By Senators Coverdell of the 40th and Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that the procedures for the suspension or removal of public officials from office upon indictment for a felony shall include indictment for a felony by a grand jury of the United States; to provide for the submission of this amendment for ratification or rejection.

SR 14. By Senators Coverdell of the 40th, Land of the 16th and Phillips of the 9th:
A resolution to ratify the proposed amendment to the United States Constitution prohibiting the enactment of a law by the United States Congress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.

SR 31. By Senators Broun of the 46th, Kidd of the 25th, Harris of the 27th and Greene of the 26th:
A resolution designating the Antebellum Trail.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Bryant Burton Coleman Dawkins Deal Dean English

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

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Bond Brown of 47th Cobb (excused) Coverdell

Hine Horton Scott of 36th

Tate Timmons Walker

Senator Brannon of the 51st introduced the chaplain of the day, Reverend James

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Holt, pastor of First Baptist Church, Ellijay, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 43. By Senator Hine of the 52nd: A resolution commending Mindy Mathis.

SR 45. By Senator Hine of the 52nd: A resolution commending Rebecca Stone.

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

SB 43. 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 salaries of the sheriffs; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.

On the motion, the yeas were 38, nays 0: the motion prevailed, and SB 43 was withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Governmental Operations.

The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Friday, January 18, 1985
FIFTH LEGISLATIVE DAY

(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 23 Tolleson, 32nd Barnes, 33rd Harrison, 37th Brantley, 56th

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97

City of Marietta Cobb County Changes the corporate limits of the City of Marietta.
SB 39 Kidd, 25th Baldwin County Changes provisions relating to the compensation of the clerk of superior court; provides an effective date.
SB 40 Kidd, 25th Baldwin County Changes the provisions relating to the compensation of the judge of the probate court; provides effective date; repeals conflicting laws.
SB 41 Kidd, 25th Baldwin County Changes provisions relating to the compensation of the tax commissioner; provides an effective date; repeals conflicting laws.

SB 44 Bryant, 3rd Mclntosh County
To continue in force the amendment creating the Mclntosh County Industrial Development Authority.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

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

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons

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Tolleson Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Bond Brantley

Cobb (excused) English

Fincher Hine

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Friday, January 18, 1985
FIFTH LEGISLATIVE DAY
SR 4. Baldwin County conveyance of property (Pub U 25th) SR 9. Baldwin County conveyance of state-owned property to GTE (Gen-
eral Telephone Company of the Southeast) (Pub U 25th) SR 10. Milledgeville conveyance of state-owned property (Pub U 25th)

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

SR 4. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, 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:

Albert
Allgood Baldwin Barker
Barnes Bowen

Brannon
Broun of 46th Brown of 47th Bryant
Burton Coleman

Coverdell
Dawkins Deal Dean
Engram Foster

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99

Garner Gillis Greene Harris HHoarllroiswoany
Horton Howard
Hudgins Huggins Kennedy

Kidd Land Langford McGill MPeceKvyenzie
Perry Phillips
Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh -pate TTi.mmons
Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley

Cobb (excused) English

Fincher Hine

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

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

SR 9. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, 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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Dawkins Deal Dean Engram Foster Garner Gillis Greene Harris Harrison Horton Howard Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd

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Scott of 36th Starr Stumbaugh Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley Cobb (excused)

English Fincher

Hine Holloway

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

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

SR 10. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, 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:

Albert Allgood Baldwin Barker Barnes Bowen
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris
Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

Peevy Perry Phillips Rav Reddish Scott of 2nd Scott of 36th
Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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101

Those not voting were Senators:

Bond Brantley

Cobb (excused) English

Hine McKenzie

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

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

Serving as doctor of the day today was Dr. John Souma of Macon, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, January 21, and the motion prevailed.

At 10:07 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. on Monday, January 21.

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Senate Chamber, Atlanta, Georgia Monday, January 21, 1985 Eighth Legislative Day

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

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

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

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

Mr. President:

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

HB 22. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend the Official Code of Georgia Annotated, so as to substitute the term "corrections" for the term "offender rehabilitation" wherever the same appears in the Code; to change the term "Board of Offender Rehabilitation" to "Board of Corrections."

HB 37. By Representative Barnett of the 10th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change court terms for the Superior Court of Forsyth County in the Blue Ridge Judicial Circuit.

HB 58. By Representatives Jackson of the 9th, Colwell of the 4th and Anderson of the 8th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the acceptance by the Department of Public Safety of donations or conveyances of property, equipment, or services.

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103

HB 74. By Representatives Groover of the 99th and Birdsong of the 104th:
A bill to amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court.

HB 111.

By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to fees charged for distribution of bills and other documents.

HB 115. By Representative Smith of the 152nd: A bill to abolish the State Court of Bacon County.

HB 166.

By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to the issuance of revenue bonds by the authority.

HB 167.

By Representatives Hays of the 1st, Jackson of the 9th, Cox of the 41st and others:
A bill to amend Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders generally, so as to provide that, when an adult offender has been ordered to make restitution for any damage to state property caused by such offender, the department may order the seizure of all moneys in or coming into the monetary account of the offender.

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

SB 95. By Senator Greene of the 26th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create The Council of Superior Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council; to provide for the responsibilities of the council; to allow for the receipt of funds.
Referred to Committee on Judiciary and Constitutional Law.

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SB 96. By Senators Land of the 16th, Coleman of the 1st, Holloway of the 12th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time in which the owner of a motor vehicle must return the same for taxation; to provide for a prorated registration fee for registrations for less than or more than 1 2 months; to provide for the application of tags; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 97. By Senators Land of the 16th, Coleman of the 1st, Holloway of the 12th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time for obtaining a license and registering a motor vehicle in counties of this state having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census; to provide procedures.
Referred to Committee on Banking and Finance.

SB 98. By Senator Barker of the 18th:
A bill to amend Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to controlled burning of woods, lands, marshes, and other areas, so as to require 24 hours' notice prior to lawfully burning woods, lands, marshes, and other areas; to require the forest ranger or other employee or official of the forestry unit to notify certain sheriffs and the Department of Public Safety.
Referred to Committee on Natural Resources.

SB 99. By Senator Barker of the 18th:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads of vehicles, so as to prohibit any person from operating any vehicle on any public road unless such vehicle is covered or equipped so as to prevent debris, residue from previous loads, or other material from dropping or escaping from such vehicle onto such public road or its right of way.
Referred to Committee on Transportation.

SB 100. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the clerk of each court of record shall give written mailed notice to each party to a civil action when the action is set for trial.
Referred to Committee on Judiciary and Constitutional Law.

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105

SB 101. By Senator Barnes of the 33rd:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to judgments under the "Civil Practice Act," so as to change the conditions under which a judgment by default may be entered; to change the conditions under which a judgment by default may be set aside; to provide for related matters; to provide for an effective date and for applicability.
Referred to Committee on Judiciary and Constitutional Law.

SB 102. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor.
Referred to Committee on Judiciary and Constitutional Law.

SB 103. By Senators Scott of the 2nd, Barnes of the 33rd, Allgood of the 22nd and others:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relative to the years of creditable service required to obtain a vested right to receive benefits; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Retirement.

SB 104. By Senator Trulock of the 10th:
A bill to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to the use of forfeited annual and sick leave as creditable service under the Employees' Retirement System of Georgia, so as to provide certain limitations for elected state officials and the appointed heads of departments, boards, bureaus, commissions, and other agencies of the state government; to provide an effective date.
Referred to Committee on Retirement.

SB 105. By Senators Timmons of the 11th, Turner of the 8th, Trulock of the 10th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide that service in the General Assembly rendered after a certain date may be counted as full creditable service only under the Georgia Legislative Retirement System.
Referred to Committee on Retirement.

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SB 106. By Senator Phillips of the 9th:
A bill to amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, so as to provide for the operations of vending facilities on state properties by blind or otherwise severely disabled persons; to provide intent; to provide definitions; to provide priorities in authorizing vending facilities; to provide for planning of vending sites.
Referred to Committee on Governmental Operations.

SB 107. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to de-annex and exclude certain property from the city.
Referred to Committee on Urban and County Affairs.

SB 108. By Senator Kidd of the 25th:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to 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.
Referred to Committee on Industry and Labor.

SB 109. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future.
Referred to Committee on Retirement.

SB 110. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgments; to provide an effective date.
Referred to Committee on Human Resources.

SB 111. By Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generating plants

MONDAY, JANUARY 21, 1985

107

into the rate base of certain utility owners of such plants under certain circumstances.
Referred to Committee on Public Utilities.

SR 50. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state-owned real property located in Calhoun, Georgia, to the Gordon County Board of Commissioners; to provide an effective date.
Referred to Committee on Public Utilities.

SR 52. By Senators Coleman of the 1st, Bryant of the 3rd and Scott of the 2nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savannah an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such stateowned property.
Referred to Committee on Public Utilities.

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

HB 22. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend the Official Code of Georgia Annotated so as to substitute the term "corrections" for the term "offender rehabilitation" wherever the same appears in the Code; to change the term "Board of Offender Rehabilitation" to "Board of Corrections".
Referred to Committee on Offender Rehabilitation.

HB 37. By Representative Barnett of the 10th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change court terms for the Superior Court of Forsyth County in the Blue Ridge Judicial Circuit.
Referred to Committee on Judiciary.

HB 58. By Representatives Jackson of the 9th, Colwell of the 4th and Anderson of the 8th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the ac-

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ceptance by the Department of Public Safety of donations or conveyances of property, equipment or services.
Referred to Committee on Public Safety.

HB 74. By Representatives Groover of the 99th and Birdsong of the 104th:
A bill to amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court.
Referred to Committee on Judiciary and Constitutional Law.

HB 111. By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to fees charged for distribution of bills and other documents.
Referred to Committee on Judiciary.

HB 167. By Representatives Hays of the 1st, Jackson of the 9th, Cox of the 141st and others:
A bill to amend Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders generally, so as to provide that, when an adult offender has been ordered to make restitution for any damage to state property caused by such offender, the department may order the seizure of all moneys in or coming into the monetary account of the offender.
Referred to Committee on Offender Rehabilitation.

HB 115. By Representative Smith of the 152nd: A bill to abolish the State Court of Bacon County.
Referred to Committee on Urban and County Affairs.

HB 166. By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to the issuance of revenue bonds by the authority.
Referred to Committee on Urban and County Affairs.

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109

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

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 78. Do pass as amended. HB 1. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 10. Do pass by substitute.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Urban and County 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 44. HB 102. HB 103. HB 104.

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

HB 105. HB 106. HB 107. HB 108.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 12. By Senators Barnes of the 33rd and Trulock of the 10th:
A bill to amend the Official Code of Georgia Annotated so as to eliminate the statutory requirement that there be an Employment Security Agency and director and a Correctional Services Division within the Department of Labor; to delete references to the Employment Security Agency and the Correctional Services Division.

SB 19. By Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners.

SB 24. By Senators Turner of the 8th, Bowen of the 13th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator; to provide for related matters.

SB 61. By Senators Greene of the 26th, Deal of the 49th, Barnes of the 33rd and Dawkins of the 45th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases.

SR 6. By Senator Kidd of the 25th:
A resolution authorizing and directing the Department of Transportation to designate the U.S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge.

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

Albert Allgood
Baldwin Barker

Barnes Bowen
Brannon Broun of 46th

Brown of 47th Bryant
Burton Cobb

Coleman Dean
English Engram Foster
Garner Gillis Greene
Hine Holloway

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111

Howard Hudgins
Muggins Kennedy Kidd Land
McGill McKenzie
Peevy Perry

Phillips
Ray Reddish Scott of 2nd Starr
Stumbaugh Tolleson
Trulock Turner Walker

Those not answering were Senators:

Bond Brantley Coverdell Dawkins
Deal

Fincher Harris (excused) Harrison Horton
Langford

Scott of 36th jate
Timmons Tysinger

Senator Fincher of the 54th introduced the chaplain of the day, Dr. William Todd, pastor of First Presbyterian Church, Dalton, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 48. By Senator Brannon of the 51st:
A resolution commending the Calhoun-Gordon County Beautification Committee.

SR 49. By Senator Brannon of the 51st: A resolution commending the Pickens County Volunteer Rescue Squad.

SR 55. By Senators Turner of the 8th, McKenzie of the 14th, Starr of the 44th and others:
A resolution proclaiming Monday, January 21, 1985, as "Georgia Mayor's Day".

SR 56. By Senator Broun of the 46th:
A resolution recognizing and expressing appreciation to Dr. Claud L. Brown on the occasion of his retirement.

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SR 57. By Senator Bowen of the 13th: A resolution commending Mary Rainey.

SR 58. By Senator Trulock of the 10th: A resolution commending Steven Childs.

SR 59. By Senator Turner of the 8th: A resolution commending Paige Flowers.

SR 60. By Senator Turner of the 8th: A resolution commending Kay Waldron.

SR 61. By Senator McGill of the 24th: A resolution commending Kyle Colquitt.

SR 62. By Senator McGill of the 24th: A resolution commending Scott Fleming.

SR 63. By Senator English of the 21st: A resolution commending Renee Dekle.

SR 64. By Senator Brown of the 47th: A resolution commending Wally Crump.

SR 65. By Senator Brown of the 47th: A resolution commending Mike Mahaffey.

SR 66. By Senator Brown of the 47th: A resolution commending Miss Angela King.

SR 67. By Senator Kennedy of the 4th: A resolution commending Angela Hill.

SR 68. By Senator McGill of the 24th: A resolution commending Karen Swanson.

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113

SR 69. By Senator McGill of the 24th: A resolution commending Michael Barry.

SR 70. By Senator McGill of the 24th: A resolution commending Leslie Crawford.

SR 71. By Senator McGill of the 24th: A resolution commending Currey Cook.

SR 72. By Senator Reddish of the 6th: A resolution commending Howard Fore.

SR 73. By Senator Reddish of the 6th: A resolution commending Robert Pattie.

SR 74. By Senator Broun of the 46th: A resolution commending Mike Risher.

SR 75. By Senator Broun of the 46th: A resolution commending Linka Bowen.

SR 76. By Senator Broun of the 46th: A resolution commending Cynthia A. Porter.

SR 77. By Senator Land of the 16th: A resolution commending Shawn McClellan.

SR 78. By Senator Starr of the 44th: A resolution commending Jenny Barker.

SR 53. By Senator Broun of the 46th: A resolution recognizing and expressing appreciation to Lauren M. Coile.

Senator Broun of the 46th introduced Athens Mayor Lauren M. Coile to the Senate.

Senator Allgood of the 22nd moved that Senator Harris of the 27th be excused from the Senate today due to illness.

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On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Harris of the 27th was excused from the Senate today.

SENATE CALENDAR
Monday, January 21, 1985
EIGHTH LEGISLATIVE DAY
SB 3 Municipal Charters--amendments by ordinance (U&CA-G--25th)
SB 9 Conflict of Interest--conditions for engaging in political activities (SUBSTITUTE) (Gov Op--25th)
SB 11 Board of Industry and Trade--may receive gifts, donations (ED&T--33rd)
SB 25 Expired Veterinarian License--change provisions on reinstatement (Gov Op--8th)
SB 34 Voter Registration Cards--at permanent additional registration places (Gov Op--25th)
SR 5 General Assembly Members--change terms of office (Gov Op--25th)
SR 13 Public Official Indicted for Felony by Grand Jury--removal from of fice (Judy--40th)
SR 14 Members of Congress--no increase in compensation until after elec tion (Gov Op--40th)
SR 31 Antebellum Trail--designate (ED&T--46th)

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

SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Annotated, relating to limitations on home rule powers of municipal cor porations, so as to authorize the amendment of municipal charters by ordinance to establish the terms of office of members of the municipal governing authority at four years; to provide for amendment of such ordinances.

The report of the committee, which was favorable to the 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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115

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Deal

Dean English Engram Foster Gillis Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Coverdell Dawkins Fincher

Garner Greene Harris (excused)

McKenzie Timmons Tysinger

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

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

The following 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 230. By Representative Jackson of the 9th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, so as to change the amount of the license fee for the operation of motorcycles.

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

HB 230. By Representative Jackson of the 9th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, so as to change the amount of the license fee for the operation of motorcycles.
Referred to Committee on Public Safety.

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

SB 9. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.

The Senate Committee on Governmental Operations offered the following substi tute to SB 9:

A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions; to provide that no rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of the state from offering for or holding any elective or appoin tive office of a political subdivision of this state or any elective or appointive office of a political party or political organization; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, is amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
45-10-70. (a) Officers and employees of the state shall have the right to express their opinions on all political subjects and conditions. Officers and employees of the state shall not engage in any political activ ities during regular working hours. By way of illustration and not of limi tation, officers and employees of the state shall have the right to affix bumper stickers for the candidate or candidates of their choice on their personal vehicles and to distribute campaign literature during off-duty hours for the candidate or candidates of their choice. Nothing in this Code section shall be construed so as to limit the political activities of

MONDAY, JANUARY 21, 1985

117

officers and employees of the state in general, special, primary, bond, ref erendum, or any other election of any kind or nature.
(b) No rules or regulations of any state agency, department, or au thority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political sub division of this state or any elective or appointive office of a political party or political organization of this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 9 offered by the Senate Committee on Governmental Operations by adding to Page 2, line 3, after the word "choice" the following:
"Provided, however, that no state employee shall distribute literature on behalf of or against commissioners of the agency for whom he or she works."

On the adoption of the amendment, the yeas were 36, nays 4, and the amendment was adopted.

On the adoption of the substitute, the yeas were 46, nays 1, and the substitute was adopted as amended.

Senator Stumbaugh of the 55th moved that SB 9 be placed on the Table.

On the motion, the yeas were 12, nays 33; the motion failed, and SB 9 was not placed on the Table.

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 Baldwin Barker Barnes Bond Bowen

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

Coleman Dean English Engram Fincher Garner

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Gillis Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Langford McGill Peevy Perry Ray Reddish Scott of 2nd

Scott of 36th Starr Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Albert Burton Deal

Harrison Land McKenzie

Phillips Stumbaugh Tolleson

Those not voting were Senators:

Coverdell Dawkins

Foster Greene

Harris (excused) Tysinger

On the passage of the bill, the yeas were 41, nays 9.

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

Senator Coleman of the 1st introduced the doctor of the day, Dr. Jim Metts, of Savannah, Georgia.

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

SB 11. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, so as to provide that the Board of Industry and Trade may receive gifts, donations, or contributions from any persons; to provide that the Board of Industry and Trade and the Department of Industry and Trade may contract and make cooperative agreements, leases, and rental agree ments with certain entities.

The report of the committee, which was favorable to the 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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119

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Deal

Dean English Engram Fincher Foster Garner Gillis Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Coverdell Dawkins Greene

Harris (excused) Horton McKenzie

Timmons Tysinger

On the passage of the bill, the yeas were 40, nays 0.

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

SB 25. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Code Section 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses to practice veterinary medicine and renewal of expired licenses, so as to change the provisions relating to reinstatement of an expired license; to provide for 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:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

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Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Deal Dean English Engram Fincher Foster Garner Gillis

Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Coverdell Dawkins Greene

Harris (excused) McKenzie

Timmons 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 resolution of the Senate was read and adopted:

SR 51. By Senator Timmons of the llth:
A resolution commending the Westwood Wildcats Boys Football Team and the Westwood Wildcats Girls Softball Team.

Senator Timmons of the llth introduced Graham Lowe, Coach of the Westwood Wildcats, 1984 winners of the SEAIS A A Football championship, and Krista Royal, Coach of the Westwood Wildcats, 1984 winners of the SEAIS AA Softball championship.

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

SB 34. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the location of voter registration places and proce dures concerning voter registration cards, so as to allow completed regis tration cards to remain temporarily at permanent additional voter regis tration places; to provide an effective date.

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121

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

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

Those voting in the affirmative were Senators:

Albert Allgood
Baldwin Barker Barnes Bond
Bowen
Brannon Brantley Broun of 46th Brown of 47th
Burton Cobb
Deal Dean

English Engram
Fincher Foster
Garner Gillis Harrison Hine Holloway Horton
Howard Muggins Kennedy
Kidd Land

Langford McGill
Peevy
Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate
Tolleson Trulock Turner
Walker

Those not voting were Senators:

Bryant Coleman Coverdell Dawkins

Greene Harris (excused) Hudgins McKenzie

Scott of 2nd Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 0.

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

SR 5. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; to provide an effective date; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section II, Paragraph V of the Constitution is

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amended by striking subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

"(a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly."

Section 2. This amendment shall become effective January 1, 1989, and shall apply to members of the General Assembly elected at the 1988 general election and elected at general elections held thereafter.

Section 3. 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 terms of office of members of the General Assembly from two years to four years?"

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

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

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

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bond
fissowen
Broun of 46th Brown of 47th Bryant Cobb Dean English

Fincher Foster Gillis Harrison
Mine
jyrHolloway
Hud8 lns Huggms Kennedy Kidd Land Langford

McGill Peevy Perry Ray
Reddish
?rScott of 36th
Tate Timmons Tolleson Trulock Turner Walker

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123

Those voting in the negative were Senators:

Barker
Burton Deal

Engram
Garner Howard

Phillips Stumbaugh

Those not voting were Senators:

Coleman Coverdell Dawkins

Greene Harris (excused) McKenzie

Scott of 2nd Tysinger

On the adoption of the resolution, the yeas were 40, nays 8.

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

SR 13. By Senators Coverdell of the 40th, Phillips of the 9th and Brantley of the 56th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the procedures for the suspension or removal of public officials from office upon indictment for a felony shall include indictment for a felony by a grand jury of the United States; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I, subparagraph (b) of the Constitution is amended by striking said subparagraph (b) in its entirety and substituting in lieu thereof a new subparagraph (b) to read as follows:
"(b) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attor ney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Gover nor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be composed of the Attor ney General, the Secretary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public

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official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the Gen eral Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Repre sentatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The com mission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assis tance of counsel. Unless a longer period of time is granted by the ap pointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely af fected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immedi ately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later over turned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Para graph and until final conviction, the officer shall continue to receive the compensation from his office."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the procedures for the suspension or removal of public officials from office upon indictment for a felony shall in clude indictment for a felony by a grand jury of the United States?"

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 Phillips of the 9th moved that SR 13 be postponed until Wednesday, Jan uary 23.

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125

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 13 was postponed until Wednesday, January 23.

SR 14. By Senators Coverdell of the 40th, Land of the 16th and Phillips of the 9th:
A resolution to ratify the proposed amendment to the United States Con stitution prohibiting the enactment of a law by the United States Con gress to vary the compensation of Senators and Representatives until an election of Representatives shall have intervened.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean

English Engram Fincher Foster Garner Gillis Harrison Mine Holloway Horton Howard Hudgins Muggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Coleman Coverdell Dawkins

Greene Harris (excused) McKenzie

Scott of 2nd Timmons Tysinger

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

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

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SR 31. By Senators Broun of the 46th, Kidd of the 25th, Harris of the 27th and Greene of the 26th:
A resolution designating the Antebellum Trail.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean English

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

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Brannon Coleman Coverdell Dawkins

Greene Harris (excused) McKenzie

Scott of 2nd Timmons Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

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

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby

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127

certify that the attached list contains the names and addresses of those per sons, numbered 1 through 481, who have registered in the Docket of Legis lative Appearance as of January 18, 1985, 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 18th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-five and of the Independence of the United States of America the Two Hundred and Ninth.

(SEAL)

/s/ Max Cleland Secretary of State

Secretary of State 214 State Capitol
Atlanta 30334
January 18, 1985
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1985 Regu lar Session as of 3:00 p.m. on January 18, 1985. The list is numbered 1 through 481.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

1985 SESSION
REGISTRATION--DOCKET OF LEGISLATIVE APPEARANCE
1. Alfred R. Roach, Jr. REGISTERED AGENT Southeastern Software Assn. Vaugh, Phears, Hardy, Roach, Davis and Murphy 2100 Harris Tower

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Atlanta, Georgia 30303 404/588-1115
2. Russell Gross Voter Information Project Inc. P.O. Box 52262 Atlanta, Georgia 30355 404/897-1262
3. John Puryear Voter Information Project, Inc. P.O. Box 52262 Atlanta, Georgia 30355 404/897-1262
4. Joy Eason Upchurch Citizens for Separate Division of Mental Retardation P.O. Box 5478 Inman Park Atlanta, Georgia 30307 404/584-8899
5. Sam Zamarripa Citizens for Separate Division of Mental Retardation P.O. Box 5478 Inman Park Atlanta, Georgia 30307 404/584-8899
6. Margaret Ball Georgia PTA P.O. Box 174 310 Holiday Drive Dalton, Georgia 30720 404/278-9717
7. Joseph J. Kelly Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329 404/321-6460
8. Charles L. Nowalk Ga. Trial Lawyers Assn. 84 Peachtree Street, N.W. Suite 400 Atlanta, Georgia 30303 404/522-8487
9. Karen A. Clifford Health Insurance Assn. of America 919 Third Avenue New York, New York 10022 212/486-5586

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10. Raymond J. Potter Senior Council of Cobb County 2403 Old Concord Road Apartment 202D Smyrna, Ga. 30080 404/436-3067
11. John E. Van Diver Police Benevolent Assn. of Georgia, Inc. 824 S. Milledge Avenue Athens, Georgia 30605 404/548-7559
12. Lee Richardson ABATE of Georgia Inc. P.O. Box 313 Monroe, Georgia 30655 404/267-4678
13. Melinda Parrill, PH.D. Child and Family Institute 1601 Clifton Road, N.E. Atlanta, Georgia 30329 404/329-1616
14. Waldo Newbern King Packaging Com., Inc. 407 Sangamore Road Bremen, Georgia 30110 404/537-5548
15. Wayne Oliver Georgia Society of Radiologic Technologists P.O. Box 952 Stone Mountain, Georgia 30086 404/498-0059
16. Kirby Woodrow Cox Kirby Cox Realty 14500 Cogburn Road Alpharetta, Georgia 30201 404/442-0028
17. Gregory K. Holder Politeco P.O. Box 95681 Atlanta, Georgia 30347 404/446-8326
18. Jim D. Flowers Politeco P.O. Box 95681 Atlanta, Georgia 30347 404/446-8326

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19. John A. Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329 404/320-3560
20. Ed Mullinax Ed Mullinax and Associates 611 Piney Woods Drive LaGrange, Georgia 30240 404/882-6119
21. Mary Frances Williams Child Service and Family Counseling Center, Inc. 1105 West Peachtree Street, N.W. Atlanta, Georgia 30309 404/873-6916
22. Bonnie Engle Georgia Council on Child Abuse, Inc. 250 Georgia Avenue, S.E. Suite 203 Atlanta, Georgia 30312 404/688-0581
23. David Hynes STOPAR 7935 Innsbuck Drive Atlanta, Georgia 30338 404/394-7219
24. Peter Landt STOPAR 3343 Greenfield Drive Marietta, Georgia 30067 404/973-7148
25. Walter J. Cleveland, Jr. C W A 3623 2815 Top of the Hill Road Decatur, Georgia 30034 404/243-6117
26. Pat Chambers C W A 3263 2348 Pine Circle Gainesville, Georgia 30502 404/534-2010
27. Ernest James C W A 3263 2296 Highway 138 Conyers, Georgia 404/483-0440

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28. Jack W. Houston Georgia Association of Petroleum Retailers 900 N. Hairston Road Suite D Stone Mountain, Ga. 30083 404/296-0305
29. John F. Chambless Associated General Contractors Georgia Branch 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941
30. Ellen A. Rhoades Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319 404/237-6141
31. Esther Kirk Eddy Auditory Educational Clinic 3016 Lanier Drive Atlanta, Georgia 30319 404/237-6141
32. Mark A. Fackler Georgia Credit Union Affiliates P.O. Box 95766 Atlanta, Georgia 30359 1-800-282-6243
33. Robert D. Sumner REGISTERED AGENT Business Council of Georgia Georgia Self Insurers Assn. Georgia Small Business Assn. 575 N. Omni International Atlanta, Georgia 30335 404/223-2288
34. Joe Frank Ragland Columbus Chamber of Commerce P.O. Box 1200 Columbus, Georgia 31902 404/327-1566
35. Marilyn Craddock Georgia Medical Record Assn. Piedmont Hospital 1968 Peachtree Road, N.W. Atlanta, Georgia 30309 404/350-3606

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36. Dr. Charles LeChasney Executive Advisory Inc. P.O. Box 13625 Atlanta, Georgia 30324 404/266-0121
37. Abit Massey Georgia Poultry Federation P.O. Box 763 Gainesville, Georgia 30503 404/532-0473
38. J. Mitchell Elrod, Jr. American Marketing Assoc. 1800 Peachtree Road, N.W. Suite 500 Atlanta, Georgia 30309 404/352-0686
39. James W. McAllister REGISTERED AGENT City School Systems of Ga. PAGE 303 Waverly Way LaGrange, Georgia 30240 404/884-7861
40. Jeanette Thurmond Laborers Local 1137 1716 Olive Road Augusta, Georgia 30904 404/736-1476
41. John K. Robinson Independent Insurance Agents of Georgia P.O. Box 48386 Atlanta, Georgia 30362 404/458-0093
42. Martin Jay Benton Peach State Assoc. of Christian Schools P.O. Box 724444 Atlanta, Georgia 30339 404/928-6600
43. Isaac Parker Peach State Assoc. of Christian Schools P.O. Box 724444 Atlanta, Georgia 30339 404/928-6600
44. James R. Loyd Georgia Tire Dealers and Retreaders Assn. 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342 404/252-6282

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133

45. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831
46. Alien D. Stephenson Athens Area Chamber of Commerce P.O. Box 948 Athens, Georgia 30603 404/549-6800
47. Kelvin F. MacDonald Georgia Right to Life Committee 8270 Dawn Drive Jonesboro, Georgia 30230 404/477-6479
48. Cathy Alexander Central Health Services 6666 Powers Ferry Road Suite 325 Atlanta, Georgia 30339 404/956-0691
49. Diane B. Smith Self 703 Bradley Point Road Savannah, Georgia 31410 912-897-4255
50. Herb Reese REGISTERED AGENT Buckhead Investment Properties Buckhead 50 Club Metro Atlanta Real Estate Developers Buckhead Business Assn. 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305 404/255-2576
51. Betsey B. Stone Public Assistance Coalition P.O. Box 89166 334 Auburn Avenue, N.E. Atlanta, Georgia 30312 404/522-1420
52. Frances F. Pauley Georgia Poverty Rights Organization 1020 Scott Blvd. #H-2 Decatur, Georgia 30030 404/373-6735

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53. Linda DiSantis Georgia Conservancy 3110 Maple Drive Suite 407 Atlanta, Georgia 30305 404/262-1967
54. Don Cargill Business Council of Georgia 575 North Omni Atlanta, Georgia 30335 404/223-2287
55. Susan H. Aft Cobb Federation of Teachers 1581 Old Mill Crossing Marietta, Georgia 30062 404/973-6512
56. Heriberto Figueroa Executive Advisory Inc. P.O. Box 13625 Atlanta, Georgia 30324 404/266-0121
57. Daniel E. Figueroa Executive Advisory Inc. P.O. Box 13625 Atlanta, Georgia 30324 404/266-0121
58. Roscoe R. "Sonny" Roberts II Houston County Taxpayers Association 301 Lakefront Drive Warner Robins, Georgia 31093 912/923-5015
59. Adele M. Ward League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-VOTE
60. Maureen Lok League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-VOTE
61. Art Must, Jr. Common Cause 437 E. Ponce de Leon Avenue Decatur, Georgia 30030 404/373-8697

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135

62. Rosalie Fitzpatrick League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-VOTE
63. Jo Ann Britt SELF 1182 Braselton Hwy. Lawrenceville, Georgia 30245 404/962-0916
64. Phyllis Shane McKinnish SELF 4085 N. Puckett Road Buford, Georgia 404/945-6069
65. Linda H. Rogers SELF 164 King Arthur Drive Lawrenceville, Georgia 30245 404/963-2213
66. Elaine H. Swanson SELF 259 King Arthur Drive Lawrenceville, Georgia 30245 404/963-9019
67. June Devereux AARP 2092 McDuffie Road Atlanta, Georgia 30001 404/948-3849
68. John S. Prickett, Jr. AARP 3267 Wiltshire Drive Avondale Estates, Georgia 404/294-7165
69. C.A. Collier AARP 529 W. Solomon Street Griffin, Georgia 30223 404/227-7480
70. George E. Beveridge AARP 1886 Bedfordshire Court Decatur, Georgia 30033 404/633-2604
71. Ida Mae Wood AARP 934 Gilbert Street, S.E. Atlanta, Georgia 30316 404/622-0759

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72. Cecil S. Nash AARP 1902 Driftwood Place Snellville, Georgia 30278 404/972-6142
73. Donald E. Tefft AARP P.O. Box 1380 Roswell, Georgia 30076 404/237-9664
74. James W. Moyer AARP 2916 Pare Lorraine Circle Decatur, Georgia 30038 404/981-2395
75. Fred W. Bell AARP 2940 Tejas Trail, S.W. Atlanta, Georgia 30331 404/349-1908
76. Maynard A. Mobley AARP 5332 Orchard Place Lake City, Georgia 30260 404/361-2498
77. Janice K. Flowers Politeco P.O. Box 95681 Atlanta, Georgia 30347 404/446-8326
78. Richard B. Cobb Petroleum Council of Georgia 730 Peachtree Street Suite 1500 Atlanta, Georgia 30303 404/522-2574
79. George B. Herbert Lisa Enterprises, Inc. 6601 Southpoint Drive North Jacksonville, Florida 32216 904/731-1837
80. George G. Thompson Gwinnett County Public Schools 52 Gwinnett Drive Lawrenceville, Georgia 30245 404/963-8651

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137

81. Ruenette Gilbert Georgia PTA 1846 Beaverdale Road Dalton, Georgia 30720 404/259-5406
82. Jack Acree PAGE 4900 Forestdale Court Stone Mountain, Georgia 30087 404/939-6545
83. Don G. Schapker The Upjohn Company P.O. Box 3695 Longwood, Florida 32779 305/869-6530
84. Alphonsa L. Hall Police Benevolent Assn. of Ga. 233 West College Avenue Tallahassee, FL 32301 904/222-3329
85. Doug Mann Police Benevolent Assn. of Ga. 233 West College Avenue Tallahassee, FL 32301 904/222-3329
86. Jack L. Roberts Police Benevolent Assn. of Ga. 223 West College Avenue Tallahassee, FL 32301 904/222-3329
87. Connie Plunkett Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, Georgia 30309 404/873-4356
88. Luke Livingston Sandoz Pharmaceuticals 3307 Leeds Way Duluth, Georgia 30136 404/476-3207
89. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134 404/949-2000 Ext. 231
90. Judy Neville-Porter Mental Health Assn. of Metropolitan Atlanta Suite 502 Atlanta, Georgia 30303 404/522-9910

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91. Hazel C. Cotney Georgia Chiropractic Assn. 308 W. Main Street Thomaston, Georgia 30286 404/647-3117
92. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084 404/934-1955
93. Dr. Franklin Shumake PAGE 10 Tallulah Lane Tallulah, Georgia 30573 404/754-6059
94. M. Harris Mynatt PAGE 202 Davidson Drive Dalton, Georgia 30720 404/226-1226
95. Charlie L. Roberts, Jr. PAGE 2011 51st Street Columbus, Georgia 31904
96. Florence S. Flanders PAGE 1796 Briarlake Circle Decatur, Georgia 30033 404/938-6803
97. Edward C. Martin PAGE 2210 Montreal Road Tucker, Georgia 30083 404/938-6083
98. Charles R. Bennett PAGE 100 West Street Bainbridge, Georgia 31717 912/246-2710
99. Greg Hunt PAGE 1512 Greer Street Cordele, Georgia 31015 404/273-1926
100. Graham Green PAGE 2329 Ava Place Decatur, Georgia 30033 404/633-2148

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139

101. Barbara B. Howard PAGE Stilson Elementary School Brooklet, Georgia 30415 912/823-3150
102. Patsy D. House PAGE Box 240 Telfair County Board of Education McRae, Georgia 31055
103. Robert H. Floyd PAGE 3179 Oxbridge Way Lithonia, Georgia 30058 404/981-3817
104. Mozelle Christian PAGE 2015 Montreal Road, # H Tucker, Georgia 30084 404/938-6803
105. William B. Greenhaw PAGE Tinsley School 709 Pierce Avenue Macon, Georgia 31204 912/745-7771
106. Robert E. Simmons Fayette County Chamber of Commerce P.O. Box 276 Fayetteville, Georgia 30214 404/461-8465
107. Paul C. Reviere PAGE Kelly Street Lincolnton, Georgia 30817 404/359-3449
108. W.G. Sloan, Jr. PAGE 2150 Memorial Park Road Gainesville, Georgia 30501 404/534-7044
109. James B. Welsh Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/768-3600

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110. Shirley H. Hobby PAGE Baldwin County School System Milledgeville, Ga. 31061 912/452-4682
111. Richard L. "Scrap" Wheeler Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/768-3600
112. John Robert Keys Atlanta Chamber of Commerce 1300 North Omni International Atlanta, Georgia 30303 404/521-0845
113. Betty B. Martin SLAM P.O. Box 595 Jonesboro, Georgia 30236 404/478-8114
114. Barbara Johnson STOPAR 2555 Highland Drive Conyers, Georgia 30208 404/483-4669
115. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/588-1160
116. Robert E. Woodard Petroleum Council of Ga. 230 Peachtree St., N.W. Suite 1500 Atlanta, Georgia 30303 404/522-2574
117. Dorsey F. Morris, Jr. Georgia Right to Life 644 Brookline Drive Marietta, Georgia 30067 404/953-2962
118. Cathy A. Casey Georgia Right to Life 4022 C. Dunwoody Park Dunwoody, Georgia 30338 404/393-8586

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141

119. Connie McLoughlin Georgia Right to Life P.O. Box 49211 Atlanta, Georgia 30349 404/446-0444
120. William B. Hollberg Georgia Right to Life 744 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/872-6941
121. Rich Clough Christian Voice 123 Parkview Drive Marietta, Georgia 30060 404/428-9406
122. Judith Rhea Cox Georgia Right to Life P.O. Box 49211 Atlanta, Georgia 30351 404/446-0444
123. Mary M. Boyert Georgia Right to Life P.O. Box 49211 Atlanta, Georgia 30359 404/446-0444
124. Erik L. Peterson Georgia Right to Life P.O. Box 91256 Atlanta, Georgia 30364 404/435-0892
125. Richard I. Holder Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 404/768-3600
126. F. Thomas Longerbeam Motor Vehicle Manufacturers 5 Dunwoody Park Suite 113 Atlanta, Georgia 30338 404/394-8632
127. Hila Stonebreaker Georgia State Employees Assn. 501 Pulliam Street, S.W. Atlanta, Georgia 30312 404/523-7884

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128. J. Robert Benton Wine Institute 165 North Main Street Jonesboro, Georgia 30236 404/477-0727
129. Ron E. Widener Georgia Independent Auto Dealers Assn. P.O. Box 43303 Atlanta, Georgia 30336
130. Susan L. Twilley Cobb Chamber of Commerce P.O. Box Cobb Marietta, Georgia 30065-2429 404/980-2000
131. J.D. Dennis REGISTERED AGENT Cobb Chamber of Commerce Georgia Wing Civil Air Patrol P.O. Box COBB Marietta, Georgia 30065-2429 404/980-2000
132. Demetrius Mazacoufa Georgia Nurses Association 1525 Healey Bldg. Atlanta, Georgia 30303 404/581-0080
133. Ed Deaton Georgia Associaton of Educators 2951 Snapfinger Parkway Decatur, Georgia 30032 404/289-5867
134. Harold L. Bevis, Jr. Airlines Airport Transport Assn. c/o Delta Airlines Atlanta Airport Atlanta, Georgia 30320 404/765-2455
135. Clint Sweazea Airlines Air Transport Assn. c/o Delta Airlines Atlanta Airport Atlanta, Georgia 30320 404/765-2455

MONDAY, JANUARY 21, 1985

143

136. Lithangia Robinson Cobb-Marietta Retired Teachers 2880 Valley Heart Drive Atlanta, Georgia 30318 404/691-8726
137. Duke Ellington Apartment Owners and Managers Assn., Inc. 5600 Roswell Road Suite 360N Atlanta, Georgia 30342 404/256-2831
138. Karen Kay Peterson REGISTERED AGENT Georgia Right to Life Committee SELF P.O. Box 91256 Atlanta, Georgia 30364 404/435-0892
139. William J. White REGISTERED AGENT Gate City Guard SELF Suite 434 250 E. Ponce de Leon Ave. Decatur, Georgia 30030 404/378-4362
140. Neill Herring Georgia Association of Railroad Passengers 581 Greenwood Avenue Atlanta, Georgia 30308 404/875-3767
141. Richard H. Woodward Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 404/572-0774
142. Debi Anne Williams REGISTERED AGENT Georgia Nurses Association NAACOG 4253 English Oak Drive Doraville, Georgia 30340 404/256-8844
143. Steven E. Me Williams REGISTERED AGENT Georgia Mining Association Georgia Concrete & Product Association 205-D 4151 Memorial Drive Decatur, Georgia 30032 404/299-3500

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144. W.M. "Bill" Alexander City of Atlanta 68 Mitchell Street, S.W. Atlanta, Georgia 30306 404/658-6107
145. James H. Purcell Alliance of American Insurers 235 Peachtree Street, N.E. Atlanta, Georgia 30343 404/588-0517
146. Sam King Day Care Centers 1630 Esquire Place Norcross, Georgia 404/979-2387
147. Maren Hesla Georgians for Better Transportation P.O. Box 81365 Chamblee, Georgia 30366 404/452-7622
148. Thomas G. Carson Common Cause 2095 Glendale Drive Decatur, Georgia 30032 404/288-4449
149. Robert F. Mailer SELF 95 Berkley Road Avondale Estates, Georgia 30002 404/289-7367
150. Rhonda F. Caudell Vocational Placement Services 35 Executive Park Drive Atlanta, Georgia 30329 404/325-1449
151. Kathleen E. Murray Vocational Placement Services 35 Executive Park Drive Suite 3514 Atlanta, Georgia 30329 404/325-1449
152. Karen G. Sprouse Vocational Placement Services 35 Executive Park Drive Suite 3514 Atlanta, Georgia 30329 404/325-1449

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145

153. Peter L. Banks REGISTERED AGENT Amarada Hess Corporation ARA Services, Inc. Cardinal Industries, Inc. Cobb Developers Association Humana Inc. Riser Health Care Plan of Ga. Mortgage Bankers of Ga. Miller Brewing Company Massachusetts Mutual Life Insurance Company Kiser Permanente Medical Group 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342 404/252-0700
154. Julianne Cofer PAGE Paulding County High School Dallas, Georgia 30132 404/445-2751
155. John C. Yates Southeastern Software Assn. Suite 2100 Harris Towers Peachtree Center Atlanta, Georgia 30303 404/588-1115
156. W.J. Bryan Ball, Jr. First Georgia Bank P.O. Box 1700 Atlanta, Georgia 30370 404/581-1206
157. Bill McBrayer REGISTERED AGENT Georgia Retail Association Chain Drug Federation of Georgia Opticians Association of Georgia 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 404/577-3435
158. Charles A. Wollmer Common Cause 1971 Clairmeade Avenue Atlanta, Georgia 30329 404/634-1968

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159. Tony Hightower REGISTERED AGENT Georgia Lounge and Nightclub Association Hightower and Associates Northwest Thirty-First Corporation 3604 Piedmont Road, N.E. Atlanta, Georgia 30305 404/261-1510
160. Mitchell Gwinn Georgia Association Property and Casualty Insurance Company Box 28155 Atlanta, Georgia 30358-0155 404/952-0080
161. Sarah M. Hogsette Life of Georgia 600 W. Peachtree Street, N.E. Atlanta, Georgia 30365 404/898-1531
162. Steve E. Janas Georgia Dental Association 2951 Flowers Road South Atlanta, Georgia 30341 404/458-6166
163. Barbara Mitchell Disque Fulton County 1740 Doncaster Drive, N.E. Atlanta, Georgia 30309 404/892-5680
164. Vita R. Ostrander AARP 1839 Mount Royal Drive, N.E. Atlanta, Georgia 30329 404/634-5522
165. Roger D. Stephen Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30088 404/289-5867
166. Kathy L. Wheeler Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30088 404/289-5867
167. O Lester J. Kinard Labor/Mental Health 20 Mockingbird Circle, N. Rome, Georgia 20161 404/295-6017

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147

168. Judy Davis League of Women Voters of Georgia 120 Canter Court Roswell, Georgia 30076 404/587-1853
169. Richard R. Shaw Bethesda Temple Church Inc. 208 1st Avenue, S.E. Atlanta, Georgia 30311 404/349-2656
170. James E. Dyer Fraternal Order of Police 914B Moreland Avenue, S.E. Atlanta, Georgia 30316 404/627-5942
171. Tom Keating REGISTERED AGENT Atlanta Board of Education Georgia Association of Elementary School Principals P.O. Box 25 Decatur, Georgia 30031 404/373-4973
172. James M. Christian CIBA-GEIBY Corporation 4439 Shelbourne Drive Dunwoody, Georgia 30338 404/458-7217
173. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366 404/938-7373
174. Charles R. Morrison Sears, Roebuck and Company Annex 95 675 Ponce de Leon Avenue Atlanta, Georgia 30395 404/885-3648
175. Cheatham E. Hodges, Jr. REGISTERED AGENT Georgia Catholic Conference Association of Private Colleges and Universities in Georgia Suite 2129 First Atlanta Tower Atlanta, Georgia 30383 404/525-2212

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176. Jack Howard Norfolk Southern Corporation 99 Spring Street, S.W. Atlanta, Georgia 30303 404/529-2003
177. Richard W. Moore Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 404/572-0843
178. Ellen B. Coody Georgia Vocational Association 35 Executive Park Drive, N.E. Atlanta, Georgia 30329 404/636-7539
179. Donald D'Errico Cardinal Industries, Inc. 4601 Welcome All Road College Park, Georgia 30349 404/768-8102
180. Robert R. Potter State Farm Insurance Co. 771 Spring Street, N.W. Atlanta, Georgia 30379 404/881-0844
181. Ansel L. Bradley State Farm Insurance Co. 4375 Cobb Parkway Atlanta, Georgia 30339 404/952-3405
182. A. L. Tyner State Farm Insurance Co. 104 Interstate North Pkwy. Atlanta, Georgia 30329 404/953-5010
183. Phillippa Robinson Lassiter Georgia National Organization for Women P.O. Box 38141 Atlanta, Georgia 30334 404/344-9860
184. Susan B. Lindsay Georgia National Organization for Women P.O. Box 38141 Atlanta, Georgia 30334 404/876-2220

MONDAY, JANUARY 21, 1985

149

185. Gordon O. Smith REGISTERED AGENT Olin Corporation Georgia Industrial Committee 1140 Hammond Drive Atlanta, Georgia 30328 404/394-5820
186. Patricia M. Smith Association for Retarded Citizens/Georgia 1851 Ram Runway College Park, Georgia 30337 404/761-3150
187. Charles E. Crowder Georgia Agribusiness Council 332 Agriculture Bldg. Atlanta, Georgia 30334 404/656-3698
188. Robert Patterson Kennedy, Jr. International Cultural Center 268 Rumson Road, N.E. Atlanta, Georgia 30305 404/231-2268
189. George Ann Hoffman Georgia Federation of Women's Clubs 797 San Miguel Drive Stone Mountain, Georgia 30083 404/469-1082
190. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867
191. J. L. Branch Georgia Vocational Association 708 Azalea Drive Tifton, Georgia 31794 912/382-1626
192. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309 404/872-2467
193. W. Fred Blackmon Eli Lilly & Company 5944 Peachtree Corners East Norcross, Georgia 30091 404/441-5414

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194. Ruth F. Claiborne REGISTERED AGENT Council for Children Georgia Association of School Psychology 2869 Careygate, N.W. Atlanta, Georgia 30305 404/355-4013
195. Everett Gill Christians Against Hunger in Georgia 201 Washington Street, N.W. Atlanta, Georgia 30303 404/588-1458
196. Laurance W. Lee Georgia Public Employees Association P.O. Box 38173 Atlanta, Georgia 30334 404/928-3337
197. Joseph A. Sports REGISTERED AGENT NutraSweet Group Chambers of Georgia Pearle Health Services Independent Bankers Assn. Catrala of Georgia Kunian Enterprises Winko-Matic Signal Co. Kree Institute Megaplex Network c/o Joe Sports Associates 626 Candler Building Atlanta, Georgia 30303 404/659-3551
198. Jeff Currier Business Council of Ga. 575 North Omni Atlanta, Georgia 30335 404/223-2287
199. Billie Turnbull Atlanta/Fulton League of Women Voters 45 llth Street, N.E. Atlanta, Georgia 30309 404/874-0028
200. Sandi Maloney Atlanta/Fulton League of Women Voters 45 llth Street, N.E. Atlanta, Georgia 30309 404/874-0028

MONDAY, JANUARY 21, 1985

151

201. Lynn L. White Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207 404/483-2408
202. Suzanne C. Grace Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 404/483-2408
203. William F. Morie REGISTERED AGENT Georgia Automobile Dealers Assn. Georgia Highway Users 1380 W. Paces Ferry Road Atlanta, Georgia 30327 404/237-1658
204. Robert A. Cucchi TRW, Inc. 6000 Lake Forrest Drive, N.W. Suite 430 Atlanta, Georgia 30328 404/843-2420
205. Bill Carbine City of Marietta 205 Lawrence Street Marietta, Georgia 30061 404/429-4223
206. Dr. J.C. Mullis Georgia Retired Teachers 824 South Milledge Avenue Athens, Georgia 30605 404/546-7852
207. T. Rogers Wade Watkins Associated Industries Inc. 1958 Monroe Drive, N.E. Atlanta, Georgia 30324 404/872-3841
208. Caroline Senter Georgia Women's Political Caucus P.O. Box 7051 Atlanta, Georgia 30357 404/874-9210
209. Coy R. Johnson Georgia Association of Life Insurance Companies 112 N. Main Street Gumming, Georgia 30130 404/887-7761

152

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210. Skip Yow Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Ga. 30245 404/962-2985
211. Gary Ashley Georgia School Boards Association 1240 Atkinson Road Lawrenceville, Ga. 30245 404/962-2985
212. Robert S. Kahn Association of American Publishers 5195 Jimmy Carter Blvd. Suite 200 Norcross, Georgia 30093 404/449-8636
213. Margaret L. Webb Georgia Women's Political Caucus P.O. Box 7051 Atlanta, Georgia 30357 404/875-9210
214. John M. Crane Ga. City and County Management Assn. Box 609 Marietta, Georgia 30061 404/429-4204
215. Dr. Andrew H. Griffin, Jr. Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867
216. John H. Parker, Jr. St. Joseph's Hospital 1200 Carnegie Bldg. Atlanta, Georgia 30303 404/523-5300
217. Rufus Thomas Dorsey IV Parker, Hudson, Rainer, Dobbs, and Kelly 1200 Carnegie Bldg. 133 Carnegie Way Atlanta, Georgia 30303 404/523-5300
218. H.M. Fulbright Ga. Association of Educational Leaders Box 828 Carrollton, Georgia 30117 404/834-8061

MONDAY, JANUARY 21, 1985

153

219. Frank M. Conner, III Alston and Bird 35 Broad Street Atlanta, Georgia 30335 404/586-1611
220. Jeffrey Y. Lewis Alston and Bird 1200 C & S National Bank Bldg. Atlanta, Georgia 30335 404/586-1500
221. Charles H. Lindsay Georgia Telephone Association Suite 8 1900 Century Blvd. Atlanta, Georgia 30345 404/321-5440
222. H. Sidney Linton REGISTERED AGENT GTE General Telephone Co. of the Southeast 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067 404/955-7515
223. Priscilla Woolley Georgia Association of Educators B-20 Christian Drive Newnan, Georgia 30263 404/251-5215
224. John A. Helms Life Insurance Company of Ga. 600 W. Peachtree Street, N.W. Atlanta, Georgia 30365 404/898-1525
225. Eva K. Folse Houston County Taxpayers Association P.O. Box 48 Warner Robins, Ga. 31093 912/922-0002
226. Brian Foster C & S Georgia Corp. Box 4899 Atlanta, Georgia 30302 404/581-4837
227. Pete Kontoes SELF 1203 Houston Mill Rd. Atlanta, Georgia 30329 404/636-7890

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228. Edie Griffith SELF 2083-C Lake Park Drive Smyrna, Georgia 30080 404/433-2442
229. Douglas R. Edmonson SELF 313 Orchard Road Rex, Georgia 30273 404/474-4835
230. Jacqueline Kannady SELF 5240 Wynterhall Drive Dunwoody, Ga. 30338 404/394-2035
231. Elizabeth A. Holcomb SELF 2757 Harlan Drive East Point, Ga. 30344 404/762-8614
232. Sandy Cohen YWCA 5491 Roswell Road Atlanta, Ga. 30342 404/255-8811
233. Bob Waymer The Elloree Company 242 Boulevard, S.E. Atlanta, Georgia 30312 404/525-6383
234. Peggy Hynes STOPAR P.O. Box 52626 Atlanta, Georgia 30355 404/237-8681
235. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 404/676-2652
236. Earl Leonard The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 404/676-2622
237. Lauren C. Steele The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 404/676-2510

MONDAY, JANUARY 21, 1985

155

238. Mary Margaret Oliver REGISTERED AGENT Clients of Georgia Legal Services Atlanta Legal Aid 500 Fidelity National Bank Decatur, Georgia 30030 404/378-2566
239. Michael A. Mogill REGISTERED AGENT Clients of Georgia Legal Services Atlanta Legal Aid 5041 Station Circle Norcross, Georgia 30071 404/447-4965
240. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 34 Peachtree Street, N.W. Atlanta, Georgia 30303 404/688-0555
241. G.L. Bowen III Georgia Textile Manufacturers Assn. Inc. 34 Peachtree St., N.W. Atlanta, Georgia 30303 404/688-0555
242. Bert Fridlin REGISTERED AGENT National Federation of Independent Business Printing Association of Georgia 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309 404/876-8516
243. Edward H. Gaile, PA-C Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031 404/688-2689
244. Carl M. Toney, PA-C Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031 404/329-7825
245. VOID
246. Phil Gates Tenneco Inc. and Subsidiaries P.O. Box 2511 Houston, Texas 77001 713/757-4118

156

JOURNAL OF THE SENATE

247. Fred Kitchens, Jr. Wine and Spirits Wholesalers of Georgia Inc. Six Piedmont Center Suite 414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 404/261-4518
248. Sarah French Wine and Spirits Wholesalers of Georgia 6 Piedmont Center Suite 414 Atlanta, Georgia 30305 404/261-4518
249. Jacquelyn M. Andrews Christians Against Hunger in Georgia Inc. 201 Washington Street, S.W. Atlanta, Georgia 30303 404/588-1458
250. Robert H. Owen Robert H. Owen, Attorney At Law 177 Prey's Gin Road Marietta, Georgia 30067 404/427-2597
251. Frank W. Thomason Dalton Public School System P.O. Box 1408 100 S. Hamilton Street Dalton, Georgia 30720 404/278-8766
252. R. Rudolph Underwood Georgia Farm Bureau P.O. Box 7068 Macon, Georgia 31298 912/474-8411
253. Virgil T. Smith REGISTERED AGENT Osborne Investments Inc. Life Chiropractic College P.O. Box 20289 Atlanta, Georgia 30325 404/278-3280
254. Jack H. Housworth REGISTERED AGENT Association of Mechanical Contractors of Atlanta Mechanical Industries Council 1900 Century Blvd. Suite 18 Atlanta, Georgia 30345 404/633-9811

MONDAY, JANUARY 21, 1985

157

255. Percy T. Marchman Georgia Association of Property and Casualty Co. 1746 Northeast Expressway Access Road, N.E. Atlanta, Georgia 30329 404/633-2480
256. George B. Elder REGISTERED AGENT Southeast Paper Mfg. Co. Southeast Recycling Corp. 6400 Powers Ferry Road Atlanta, Georgia 30339 404/951-7950
257. Francis J. Mulcahy Life Insurance Company of Georgia 600 W. Peachtree Street Atlanta, Georgia 30365 404/898-1518
258. Lita S. Menkin Clients of Senior Citizen Advocacy Project P.O. Box 2034 Atlanta, Georgia 30303 404/524-0051
259. Stephen P. Georgeson REGISTERED AGENT Sears, Roebuck and Co. Georgia Retail Assn. 675 Ponce de Leon Avenue Atlanta, Georgia 30395 404/885-3575
260. Joe Brannen Georgia Bankers Assn. 320 William Olliver Bldg. Atlanta, Georgia 30303 404/522-1501
261. W. Randall Tye Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 404/658-8112
262. Charles V. Gerkins, Jr. Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 404/658-8112
263. Sharon Adams Prime Cable of Georgia 1018 W. Peachtree Street, N.E. Atlanta, Georgia 30309 404/873-5000

158

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264. Thomas C. Watson Independent Bankers Association 550 Pharr Road, N.E. Atlanta, Georgia 30305 404/237-7221
265. Herman C. Biede Herman C. Biede and Associates 2660 Lenox Road Atlanta, Georgia 30324 404/266-0188
266. Charlie M. Barber NAACP 1190 Fairburn Road, S.W. Atlanta, Georgia 30331 404/349-7496
267. Otis Mitchell NAACP 1190 Fairburn Road, S.W. Atlanta, Georgia 30331 404/349-7496
268. Robert E. Cantrell Georgia Council of Machinists 1032 Clay Street Marietta, Georgia 30061 404/424-2426
269. Herman L. Moore Georgia Pacific Corporation 133 Peachtree Street, N.E. Atlanta, Georgia 30348 404/521-4756
270. Joseph R. Parrott, Jr. ITT Rayonier 5526-D Old National Highway College Park, Georgia 30349 404/763-4747
271. Sharon Brekke Georgia Nurses Association 1362 W. Peachtree Street, N.E. Atlanta, Georgia 30309 404/658-2050
272. William J. Shortt Johnson and Johnson P.O. Box 2537 Gainesville, Georgia 30508 404/532-2359
273. Lane C. Rappaport NOW P.O. Box 38141 Atlanta, Georgia 30334 404/872-5717

MONDAY, JANUARY 21, 1985

159

274. Amy Zoe Gershenfeld NOW P.O. Box 38141 Atlanta, Georgia 30334 404/885-9888
275. Shelia Virginia Rouda League of Women Voters 89 Chaumont Square Atlanta, Georgia 30327 404/355-1774
276. Richard A. Guthman, Jr. National Bank of Georgia P. O. Box 1234 Atlanta, Georgia 30371 404/577-4361
277. E. Scott Wood City of Macon P.O. Box 247 Macon, Georgia 31201 912/744-7170
278. Jim Williams Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 404/289-5867
279. Jim Gray REGISTERED AGENT Grady Memorial Hospital The Tobacco Institute 229 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30309 404/659-1444
280. Bonnie F. Harris Georgia Association of Educators 3951 Snapfinger Pkwy Decatur, Georgia 30035 404/289-5867
281. James A. Cody REGISTERED AGENT Georgia Sheriffs Association Ga. Society of Association Executives 4301 Memorial Drive Suite K Decatur, Georgia 31032 404/292-1955

160

JOURNAL OF THE SENATE

282. Edwin B. Topmiller Georgia Sport Shooting Assn. P.O. Box 9748 Atlanta, Georgia 30319 404/636-7970
283. Harry Wilson Georgia Federation of Teachers AFT AFL-CIO 6065 Roswell Road, N.E. Suite 722 Atlanta, Georgia 30328 404/252-6327
284. Judy Baird REGISTERED AGENT GSALU Aetna Insurance Company 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122 404/681-2600 Ext. 251
285. John Rollins REGISTERED AGENT Citicorp Person to Person Citicorp Acceptance Company Family Guardian Insurance Company 5775 Peachtree Dunwoody Road Suite 100 Atlanta, Georgia 30342 404/252-7753
286. Jerry Hill Amoco Companies P.O. Box 5077 Atlanta, Georgia 30302 404/634-2065
287. G. Scott Johnson Exxon Company, U.S.A. P.O. Box 60626 New Orleans, LA 70160 504/561-3360
288. Aubrey T. Villines, Jr. REGISTERED AGENT Georgia Chiropractic Assn. Inc. Consulting Engineers of Ga. Council Inc. Georgia Society of Professional Engineers Ga. Assn. of Home Health Agencies Ga. Assn. for Marriage and Family Therapy Ga. Chapter of Social Workers Ga. Personnel and Guidance Assn. 1260 So. Omni International Atlanta, Georgia 30303 404/577-9144

MONDAY, JANUARY 21, 1985

161

289. Linda G. Womack Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430
290. Henry R. Bauer, Jr. Fulton County 1500 Peachtree Center Harris Tower Atlanta, Georgia 30303 404/588-1500
291. Charlotte Gattis Georgia Manufacturers Housing Association 1000 Circle 75 Pkwy #060 Atlanta, Georgia 30339 404/955-4522
292. Claude McGuinn C W A--Ga. Political Council Box 642 Decatur, Georgia 30031 404/496-3869
293. Virginia T. Fulton C W A--Ga. Political Council P.O. Box 642 Decatur, Georgia 30031 404/358-1411
294. J. Danny Faulkner C W A--Ga. Political Council P.O. Box 642 Decatur, Georgia 30031 404/358-1411
295. Earl Johnson C W A--Ga. Political Council P.O. Box 642 Decatur, Georgia 30031 404/358-1411
296. Charlie Brown C W A--Ga. Political Council P.O. Box 2566 Columbus, Ga. 31902 404/323-0516
297. Carl D. Rudin C W A--Ga. Political Council 279 Logan Street Atlanta, Georgia 30312 404/688-1256

162

JOURNAL OF THE SENATE

298. John T. Mitchell Mercer University Macon, Georgia 912/744-2776
299. Tommy Dye A T U Local 732 250 Tenth Street Suite 208 Atlanta, Georgia 30309 404/892-1590
300. Mathew Foster A T U Local 732 250 Tenth Street Atlanta, Georgia 30309 404/892-1590
301. Frank T. Bunch Chevron U.S.A. Inc. P.O. Box 1706 Atlanta, Georgia 30301 404/955-1200
302. Tone S. Garrett Ga. Asphalt Pavement Assn. 1000 Circle 75 Pkwy Suite 630 Atlanta, Georgia 30339 404/952-5055
303. Thomas P. Knox United Family Life Insurance Company 230 Houston Street, N.E. Atlanta, Georgia 30303 404/659-3300
304. Ed McGill Georgia Alcohol Dealers Association, Inc. 920 Green Street Conyers, Georgia 30207 404/922-6555
305. Linda S. Lowe REGISTERED AGENT Clients of Ga. Legal Services Clients of Atlanta Legal Aid Society 133 Luckie Street, N.W. Atlanta, Georgia 30303 404/656-6021
306. Linda G. Edmonds Georgia Optometric Assn. P.O. Box 36313 Decatur, Georgia 30032 404/296-31330

MONDAY, JANUARY 21, 1985

163

307. Franklin N. Biggins Fulton County 2000 Equitable Bldg. Atlanta, Georgia 30303 404/658-9900
308. Luke R. Lassiter National Assn. of Independent Insurers 106 Pine Crest Drive Gumming, Ga. 30130 404/887-9605
309. Helen Craig League of Women Voters 1400 Marietta Pkwy Marietta, Georgia 30067 404/422-9674
310. Henry P. Zimmer REGISTERED AGENT United Way of Metropolitan Atlanta Ga. Assn. of United Ways 100 Edgewood Avenue, N.E. P.O. Box 2692 Atlanta, Georgia 30371 404/522-0110
311. W.A. "Bill" Hathaway Federal Military Retiree Coalition 1067 McConnell Drive Decatur, Georgia 30033 404/634-2811
312. E. Wayne Stanford Georgia Grocers Assn. 1465 Northside Drive, N.W. #84 Atlanta, Georgia 30325 404/352-3320
313. George T. Hunt III Georgia Health Care Assn.
3735 Memorial Drive Decatur, Georgia 30032 404/284-8700
314. Rosalyn M. Harbuck Georgia Health Care Assn. Route 2, Box 619 Forsyth, Georgia 31029 912/994-5662

164

JOURNAL OF THE SENATE

315. Bob Short REGISTERED AGENT Hospital Corporation of America Federation of Ga. Hospitals Bob Short and Associates Box 98007 Atlanta, Georgia 30359 404/955-2467
316. Scott Mall Miller Brewing Company 2849 Paces Ferry Road Suite 770 Atlanta, Georgia 30339 404/434-3473
317. Larry Williams Distilled Spirits Council of U.S. Inc. P.O. Box 10235 Tallahassee, FL 32302 904/224-3043
318. Bryce W. Holcomb Georgia Soft Drink Assn. 2508 Carroll Avenue Chamblee, Georgia 30341 404/457-0576
319. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247 404/972-3491
320. David McCord National Association of Social Workers 3166 Maple Drive, N.E. Suite 200B Atlanta, Georgia 30305 404/262-1490
321. H. Glenn Anthony Georgia Forestry Association 40 Marietta Street, N.W. Suite 1020 Atlanta, Georgia 30303 404/522-0951
322. Jim Martin Georgia Society of CPA's 3340 Peachtree Road, N.E. Atlanta, Georgia 30026 404/231-8676

MONDAY, JANUARY 21, 1985

165

323. Paul Weston 3M Corporation 1447 Peachtree Street, N.E. Suite 1010 Atlanta, Georgia 30309 404/874-7721
324. Monty Veazey REGISTERED AGENT Georgia Teaching Hospitals 3M Corporation Georgia Not For Profit Hospital P.O. Box 1572 Tifton, Georgia 31793 912/386-8660
325. Albert E. Love REGISTERED AGENT SCLC Concerned Black Clergy of Metro Atlanta 334 Auburn Avenue, N.E. Atlanta, Georgia 30312 404/522-1420
326. William C. Archer, III Georgia Power Company 334 Piedmont Avenue Atlanta, Georgia 30302 404/526-6946
327. Thomas G. "Tommy" Cook Georgia Pharmaceutical Assn. 2520 Carroll Avenue Atlanta, Georgia 30341 404/451-1336
328. J. R. Cullens REGISTERED AGENT G. Heidleman Company Ga. Bar Association Ga. Trial Lawyer Assn. Glenmore Distilleries Co. Viking Distillery Barton Brands of Ga. Monarch Wine Company Slick Enterprises Inc. First National Bank Georgia Horse Foundation P.O. Box 326 Cartersville, Ga. 30120 404/382-4210

166

JOURNAL OF THE SENATE

329. Corinne Mull-Milsteen The Anheuser-Busch Company 84 Peachtree Street Suite 601 Atlanta, Georgia 30067
404/681-0400
330. Paul L. Hanes The Anheuser-Busch Company 84 Peachtree Street Suite 601 Atlanta, Georgia 30367 404/681-0400
331. Samuel L. Dumas Georgia Power Company 333 Piedmont Avenue P.O. Box 4545 Atlanta, Georgia 30302 404/526-6944
332. Benson Ham Georgia Farm Bureau Federation P.O. Box 7068 Macon, Ga. 31298 912/474-8411
333. Julianne Givens Goecke Georgia Residential Child Care Assn. P.O. Box 15123 Atlanta, Georgia 30333 404/871-7601
334. Shirley A. Brother League of Women Voters of Georgia 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-8684
335. Verlin Sweat, Jr. SELF 490 Mayes Road Powder Springs, Georgia 30073 404/428-2690
336. Lee Roberts SELF 1640 Powers Ferry Road Building 30 Atlanta, Georgia 30067 404/955-9515
337. Joann Roberts SELF 1640 Powers Ferry Road Bldg. 30 Atlanta, Georgia 30067 404/955-9515

MONDAY, JANUARY 21, 1985

167

338. Nettie Walreaven CWA 3516 Covington Hwy Decatur, Ga. 30032 404/296-5553
339. Raymond C. Taylor Brotherhood of Locomotive Engineers 6248 Birling Drive Columbus, Ga. 31909 404/561-8005
340. Marie Steinmeyer REGISTERED AGENT AARP Ga. Women Coalition For Medical Freedom 3985 Lynfield Court College Park, Ga. 30349 404/349-2338
341. Anna Home Older Women's League 3514 Durden Drive, N.E. Atlanta, Georgia 30319 404/452-7466
342. Juanita Payne REGISTERED AGENT Silver Haired Legislature Older Women's Forum Senior Tenants Assn. 3500 Durden Drive Atlanta, Ga. 30319 404/452-1912
343. Susan H. Frost GTE SPRINT 3701 National Drive Suite 116 Raleigh, N.C. 27612 919/782-8770
344. Render Hill GTE SPRINT Court Square Greenville, Ga. 30222 404/672-1227
345. Thomas M. Boiler Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302 404/526-6929

168

JOURNAL OF THE SENATE

346. Conrad M. Fowler West Point Pepperell Box 71 West Point, Ga. 31833 404/645-4185
347. Virginia de Zerne Downes SELF 4758 North Springs Road Kennesaw, Georgia 30144 404/926-7771
348. Kathleen Trock SELF 767 Cheatham Hill Trail Marietta, Ga. 30064 404/428-7132
349. Earl Dean Rector International Assn. of Machinists and Aerospace Workers Local 709 94 Olive Circle Marietta, Ga. 30060 404/424-3512
350. W.W. Whitton International Assn. of Machinists and Aerospace Workers Local 709 Route 1, Box 421 Bremen, Georgia 30110 404/424-4426
351. Carl Mason International Assn. of Machinists and Aerospace Workers Local 709 3790 Brookway Atlanta, Ga. 30331 404/691-3653
352. Gwen B. Metgzer Georgia Women's Forum 2550 Brookdale Drive, N.W. Atlanta, Georgia 30305 404/355-9728
353. Cynthia R. Gibson Mental Health Association 100 Edgewood Avenue, N.E. Suite 502 Atlanta, Georgia 30303 404/522-9914
354. Robert R. King Georgia Hospitality and Travel Association 148 International Blvd. Suite 625 Atlanta, Georgia 30330 404/577-5888

MONDAY, JANUARY 21, 1985

169

355. Sue Ella Deadwyler Georgia Women's Forum 4168 Rue Antionette Stone Mountain, Ga. 30083
356. H.M. Tinsley Georgia State Council of Machinists 504 Lake Drive Hapeville, Ga. 30354 404/766-6409
357. Earl T. Shinholster NAACP 970 M.L. King Jr. Drive Atlanta, Georgia 30314 404/688-8868
358. P. Lavoy Johnson REGISTERED AGENT Citizens United for Research and Education Ga. Assn. of Christian Schools Metro Baptist Fellowship Forrest Hills Bapt. Church 1074 Rock Chapel Road Lithonia, Ga. 30058 404/482-2873
359. Wilma Grant Hipps Georgians for Better Transportation P.O. Box 81365 Chamblee, Georgia 30366 404/452-7622
360. Linda K. Ragland REGISTERED AGENT Telemarketing Communications Insurance Child Abuse Seat Belt Corporate Center Suite 905 Columbus, Ga. 31902 404/324-3990
361. Jim Griffith Georgia Power Company 333 Piedmont Avenue P.O. Box 4545 Atlanta, Georgia 30302 404/526-6526
362. Erskine E. Cade Standard Oil Company 1780 Guildhall Building Cleveland, Ohio 44115 216/575-5533

170

JOURNAL OF THE SENATE

363. G. Robert Kerr Georgia Conservancy 3110 Maple Drive, N.E. Atlanta, Georgia 30304 404/262-1967
364. Dr. Don Albinger Georgia Fraternal Congress 4757 Manley Court Stone Mountain, Ga. 30088 404/981-6060
365. Dee Read STOPAR P.O. Box 52656 Atlanta, Georgia 30355 404/284-3492
366. Gretchen A. Smith STOPAR P.O. Box 52656 Atlanta, Ga. 30355 404/292-7643
367. Sam E. West Beneficial Management 1000 Weathered Wood Winter Springs, FL 32807 305/365-6044
368. Dorothy P. Spence Georgia Assn.--American Institute of Architects Colony Square Retail Mall 1197 Peachtree Street Atlanta, Ga. 30361 404/873-3207
369. Gerald N. Brunson Merck Sharp and Dohme 4940 Windhaven Court Dunwoody, Georgia 30338 404/396-6193
370. Debra Murff Georgia Audio Stress Examiners Assn. 2332 Marietta Blvd. Suite C Atlanta, Ga. 30318 404/396-6193
371. Gerald Mitchell Murff REGISTERED AGENT GASEA AC M &A 7332 Marietta Blvd. Atlanta, Georgia 30318 404/351-5102

MONDAY, JANUARY 21, 1985

171

372. Nannie Lee McCormick AARP 1843 Oakmont Drive, N.W. Atlanta, Georgia 30314
373. Charles R. Grantland Great Southern Paper Co. P.O. Box 44 Cedar Springs, Ga. 31732 912/373-5499
374. Debbie Dodson William H. Rorer, Inc. 2002 Kavanaugh, Apt. C Little Rock, AR 72205 501/633-2829
375. W. F. Jackson Brotherhood of Maintenance Ways Route 4, Box 449 Forsyth, Ga. 31029 912/944-6251
376. Tim Johnson Campaign for a Prosperous Georgia P.O. Box 7302 Atlanta, Georgia 30357 404/659-5675
377. Emily M. Turner Lewy League of Women Voters 2590 Cosmos Drive Atlanta, Ga. 30345 404/636-7612
378. Mary F. Agraz Georgia League of Women Voters 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/522-8683
379. Douglas C. Teper Campaign for a Prosperous Georgia 135 Trinity Avenue Atlanta, Georgia 30303 404/659-5675
380. John M. Willis REGISTERED AGENT Informed Health Care Assn. Of Georgia, Inc. N. Atlanta Chapter of the National Health Federation SELF 3148 Bobolink Drive Decatur, Ga. 30032 404/288-0888

172

JOURNAL OF THE SENATE

381. Robert P. Constantine, Jr. REGISTERED AGENT ASLA MAG MUTUAL H IAA 710 Monarch Plaza Atlanta, Georgia 30326 404/233-7274
382. Andy Owen REGISTERED AGENT American Insurance Assn. American Council of Life Insurers 1900 Peachtree Center Cain Tower Atlanta, Georgia 30303 404/688-2600
383. David R. Swain Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430
384. Ray E. Clifton Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430
385. Harold E. Bryant Blue Cross and Blue Shield of Georgia P.O. Box 4445 Atlanta, Georgia 30302 404/262-8200
386. Roy A. Hanson Metro Atlanta Crime Commission 100 Edgewood Avenue N.E. Atlanta, Georgia 30303 404/524-6487
387. Gina Cogswell Metro Atlanta Crime Commission 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 404/524-6487
388. Pat Gardner Georgia Psychological Association 100 Edgewood Avenue, S.E. Suite 1253 Atlanta, Georgia 30303 404/688-0705

MONDAY, JANUARY 21, 1985

173

389. Roger T. Lane Georgia Oilmen's Association 3300 N.E. Expressway Suite 8-P Atlanta, Georgia 30341 404/451-5916
390. Willard Oglesby Georgia Oilmen's Association P.O. Box 1925 Athens, Georgia 30603 404/549-6511
391. Julian P. Harris, II Fulton County Association of Education 5401 Old National Hwy # HO College Park, Georgia 30349 404/766-3257
392. Lasa Joiner REGISTERED AGENT Georgia Council Public Librarians Georgia Library Association 1848 Breckenridge Drive Atlanta, Georgia 30345 404/325-0740
393. Daniel I. Maclntyre Georgia Land Development Assn. 6445 Powers Ferry Road Atlanta, Georgia 30339 404/952-9553
394. Mary E. Hodges REGISTERED AGENT Association of Private Colleges & Universities in Ga. Georgia Catholic Conference Suite 2129 First Atlanta Tower Atlanta, Georgia 30383 404/525-2212
395. Karen Tinker, RN Georgia Massage Therapy 1190 Grimes Bridge Road # B Roswell, Georgia 30076 404/998-2612
396. Susan Finder Cox, RN Georgia Association of Massage Therapists 1190 Grimes Bridge Road Suite B Roswell, Georgia 30076 404/998-9091

174

JOURNAL OF THE SENATE

397. Sharon Rooke SELF Route 5 Dallas, Georgia 30132 404/445-8517
398. Conrad Sechler REGISTERED AGENT Ga. Consumer Finance Assn. Central Underwriters Inc. Tucker Federal S & L Assn. Ga. Home Equity Mortgage Company P.O. Box 87 Tucker, Georgia 30085 404/938-7911
399. Thomas E. Stewart Amalgamated Transit Union Local 732 250 Tenth Street Atlanta, Georgia 30309 404/892-1590
400. William H. Hosch Bank South 55 Marietta Street Atlanta, Georgia 30303 404/529-4783
401. Preston M. Collins Southern Bell 125 Perimeter Center West Atlanta, Georgia 30346 404/391-4545
402. W.A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31402 912/238-7327
403. Mary Lou Romaine Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Terrace, S.E. #212 Atlanta, Georgia 30316 404/377-8924
404. Anita L. Brooks Georgia Federation of Teachers 6065 Roswell Road Suite 724 Atlanta, Georgia 30328 404/252-6327

MONDAY, JANUARY 21, 1985

175

405. Al Squire REGISTERED AGENT American Federation of Teachers Atlanta Federation of Teachers AFL-CIO 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 404/377-1736
406. Thomas D. Walker Gulf Oil Corporation 1375 Peachtree Street, N.E. Atlanta, Georgia 30357 404/897-7741
407. Wayne W. Stageman The Southland Corporation Box 719 Dallas, Texas 75211 214/761-3642
408. George H. Ross Merrell Dow Pharmaceuticals 4678 Jefferson Township Lane Marietta, Georgia 30066 404/992-6245
409. Beth Wilhoit SELF 1843 Kimberly Drive Marietta, Georgia 30060 404/428-2530
410. Steven P. Demme SELF 186 S. McGarity Road McDonough, Ga. 30253 404/957-2940
411. Jennifer Delanty REGISTERED AGENT Apple Corps Georgians for Excellence in Education 250 Georgia Avenue Suite 211 Atlanta, Georgia 30312 404/522-4662
412. Marcia Klenbort REGISTERED AGENT Apple Corps Georgians for Excellence in Education 250 Georgia Avenue Suite 211 Atlanta, Georgia 30312 404/522-4662

176

JOURNAL OF THE SENATE

413. M. Randolph Bundschu, Jr. P. O. Box 2047 Ga. Assn. of Physician Assistants P.O. Box 2047 Decatur, Ga. 30088 404/325-6000
414. Charles L. Skinner Ga. Motor Trucking Assn. 500 Piedmont Avenue Atlanta, Ga. 30308 404/876-4313
415. J.R. Smith Ga. Motor Trucking Assn. 498 Rose Avenue Barnesville, Ga. 30204 404/358-1282
416. Holly N. Hayes Mental Health Assn. of Ga. 100 Edgewood Avenue Suite 502 Atlanta, Ga. 30303 404/522-9914
417. Joe E. Sloan General Motors Corporation 5730 Glenridge Drive Atlanta, Georgia 30328 404/257-3965
418. Robert H. Forry Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 404/658-8042
419. Barron Thorpe REGISTERED AGENT Ga. Assn. of Convenience Stores Ga. Wholesale Grocers Assn. P.O. Box 7776 Macon, Georgia 31209 912/474-1096
420. Homer C. Williams REGISTERED AGENT Williams Photographers Concourse Enterprises Inc. 1817 Penelope Road, N.W. Atlanta, Georgia 30314 404/799-8525

MONDAY, JANUARY 21, 1985

177

421. Joan H. Heflinger Widener and Associates P.O. Box 88866 Atlanta, Georgia 30356 404/393-8171
422. Eugene L. Gibson Christians Concerned for Education P.O. Box 391 Marietta, Georgia 30060 404/691-9445
423. Max Mason Ga. Pharmaceutical Assn. 785 Chickamauga Avenue Rossville, Ga. 30741 404/866-1220
424. Dereda C. Taylor REGISTERED AGENT Informed Health Care Assn. of Georgia Inc. Ga. Women's Coalition of Medical Freedoms, Inc. Older Women's League 1181 Melrose Drive Clarkston, Ga. 30021 404/299-2701
425. Danny Murray STOPAR 107 Lakeview Avenue Atlanta, Ga. 30305 404/256-5151
426. Jack Smith Georgians for Racing Inc. P.O. Box 52903 Atlanta, Ga. 30355 404/261-0612
427. Wilton Hill Ga. School Bus Drivers Assn. Box 158 Reidsville, Ga. 30453 912/557-4201
428. Georgianne Bearden REGISTERED AGENT Ga. PTA MACAD 3149 Laura Lane Lithia Springs, Ga. 30057 404/941-2850
429. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Ga. 30720 404/226-1426

178

JOURNAL OF THE SENATE

430. Frank L. Molock C W A Retirees 279 Logan Street, S.E. Atlanta, Georgia 30312 404/688-1256
431. William M. Galardi Bank South NA P.O. Box 4387 Atlanta, Ga. 30302 404/529-4967
432. Charles K. Hecht III REGISTERED AGENT Chattahoochee Valley Home Health Care Inc. Chattahoochee Valley Nursing Service Inc. Medi-Call Inc. P.O. Box 8308 Columbus, Ga. 31908 404/563-8617
433. Ed Sanders REGISTERED AGENT Medi Call Inc. Chattahoochee Valley Nursing Services Inc. 3401 Gentian Blvd. Columbus, Ga. 31908 404/563-8617
434. Gary P. Fowler Ga. Branch Assn. General Contractors of America Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313 404/522-5941
435. Beth Tovi REGISTERED AGENT Ga. Right to Life Inc. SELF P.O. Box 6992 Marietta, Ga. 30065 404/926-6256
436. Barbara Myers Ga. Right to Life Inc. P.O. Box 6992 Marietta, Ga. 30065 404/926-6256
437. Suzanne Justus REGISTERED AGENT Ga. Right to Life Inc. SELF P.O. Box 6992 Marietta, Ga. 30065 404/926-6256

MONDAY, JANUARY 21, 1985

179

438. Deborah Thomas Ga. Right to Life Inc. P.O. Box 6992 Marietta, Ga. 30065 404/926-6256
439. Kathleen Rutledge Ga. Right to Life Inc. P.O. Box 6992 Marietta, Ga. 30065 404/974-9490
440. Mary Lee Sims Ga. Right to Life Inc. P.O. Box 6992 Marietta, Ga. 30065 404/977-1198
441. Gerald W. Bowling Municipal Electric Authority of Ga. 100 Peachtree St. Suite 100 Atlanta, Georgia 30303 404/522-8510
442. John H. Thomas Ga. Burglar and Fire Alarm Assn. 6890 Peachtree Industrial Blvd. Atlanta, Georgia 30360 404/447-4611
443. Kirby A. Glaze Cities of College Park, Fairburn, Palmetto, Riverdale and Lake City Clayton County 120 N. McDonough Street Jonesboro, Ga. 30236 404/478-5555
444. George E. Glaze REGISTERED AGENT Cities of College Park, Fairburn, Palmetto, Riverdale, & Lake City Clayton County 120 McDonough Street Jonesboro, Ga. 30236 404/478-5555
445. Annelle F. Phillips PAGE Route 8, Box 150 Dallas, Ga. 30132 404/445-2751
446. Hershel W. Farmer Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, Ga. 30318 404/352-0425

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447. Harry P. Galloway REGISTERED AGENT Ga. Assn. of Home Health River Valley Home Health Agency Diversified Health Management Services 302 Tift Avenue Albany, Ga. 31702 912/436-0467
448. Brenda G. Walker Georgia Home Rehabilitation Services Inc. 1001 Williams Street Valdosta, Ga. 31601 912/247-4663
449. Linda J. Sellers Ga. Home Rehabilitation Services Inc. 1001 Williams Street Valdosta, Ga. 31602 912/247-4663
450. Patricia A. West REGISTERED AGENT McClinton and Associates Golden Rule Insurance Public Information and Research Services, Inc. 806 E. Duffy Street Savannah, Ga. 31401 912/233-6311
451. Stanley J. McClinton REGISTERED AGENT Golden Rule Financial McClinton and Associates Public Information and Research Services Inc. 1623 Staley Avenue Savannah, Ga. 31405 912/233-6311
452. Gayle Hughes Georgia Women's Forum 4654 Ruby Road Stone Mountain, Ga. 30083 404/292-1863
453. David Williams Ga. Bankers Assn. 320 William Oliver Building Atlanta, Ga. 30302 404/522-1501
454. Cathy Clark NAACP 1190 Fairburn Road, S.W. P.O. Box 310067 Atlanta, Ga. 30331 404/349-7496

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455. Ellen Snedeker REGISTERED AGENT Georgians for Victims Justice Lyric Inc. 12 Wilmington Island Rd. Savannah, Ga. 31410 912/897-4764
456. Lillian H. Hill Georgians for Victim Justice P.O. Box 2309 Savannah, Ga. 31401 912/944-4864
457. Carolyn Sikes Georgians for Victim Justice 12502 Apache Avenue Savannah, Ga. 31419 912/927-7847
458. Elizabeth Stewart Georgians for Victim Justice P.O. Box 2309 Savannah, Ga. 31402 912/944-4863
459. Lisa Anne Owen Georgians for Victim Justice P.O. Box 2309 Savannah, Ga. 31402 912/944-9122
460. E.R. Lambert REGISTERED AGENT Federal Land Bank of Columbia Federal Intermediate Credit Bank The Southland Corporation 126 Washington Street Madison, Georgia 30650 404/342-3566
461. John P. Stevens First National Bank of Atlanta P.O. Box 4148 Atlanta, Ga. 30302 404/588-6428
462. Heidi Becker Georgians for Victim Justice 608 Beauregard Street Savannah, Ga. 31405 912/355-7366
463. Peggy B. Strong Georgians for Victim Justice Box 132 Tybee, Georgia 31328 912/786-4438

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464. Sharola Denise Hall SELF University Plaza Atlanta, Georgia 30303 404/658-2178
465. Kathy D. Newman Georgians for Victim Justice 316 Windsor Road Savannah, Georgia 31419 912/927-2524
466. W. David Padgett Trust Company of Georgia P.O. Box 4418 Atlanta, Georgia 30302 404/588-8681
467. Jim Groome Mead Corporation P.O. Box 4417 Atlanta, Georgia 30302 404/875-2711
468. General L.M. Smoot United Way of Metro Atlanta P.O. Box 2692 Atlanta, Georgia 30371 404/522-0110
469. Gregory B. Paxton Georgia Trust for Historic Preservation 1516 Peachtree St., N.W. Atlanta, Georgia 30309 404/881-9980
470. Herbert Green United Auto Workers 1280 Winchester Parkway Smyrna, Georgia 30080 404/432-0701
471. George D. Busbee Marathon Oil Corporation 2600 Trust Company Tower Atlanta, Georgia 30303 404/572-4600
472. Quintel E. Howell Amalgamated Transit Union Local 732 250 Tenth Street, N.E. Suite 208 Atlanta, Georgia 30309 404/892-1590

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473. Pamela Edds-West
Georgians for Victim Justice 30 Waddell Street Marietta, Georgia 30207 404/429-3080

474. Robert F. Mumford Georgians for Victim Justice Rockdale County Courthouse Conyers, Ga. 30207 404/922-7750 Ext. 241

475. Gene Slade Metro Atlanta Crime Commission 100 Edgewood Avenue Atlanta, Georgia 30303 404/524-6487

476. Rachel B. Champagne Georgians for Victim Justice 100 Edgewood Avenue
Atlanta, Georgia 30303 404/524-6487

477. Aurelia K. Sands Georgians for Victim Justice 175 Decatur Street Atlanta, Georgia 30303 404/658-6392

478. Gould B. Hagler, Jr. Medical Assn. of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535

479. Joan R. Cates Georgia Housing Coalition Room 363 250 Georgia Avenue, S.E. Atlanta, Georgia 30312 404/523-0896

480. Earl H. Higgins Daily Report Company
190 Pryor Street, S.W. Atlanta, Georgia 30303 404/521-1227

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481. Frances K. Beck Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Georgia 30303 404/521-1227

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

At 11:37 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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185

Senate Chamber, Atlanta, Georgia
Tuesday, January 22, 1985
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 yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 25. By Representative Alford of the 57th: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, so as to provide for the continuance of surface mining operations after a change in ownership under certain conditions; to raise the maximum bond that may be re quired for mining operators from $1,000.00 to $2,500.00 per acre and to provide for periodic reevaluations and adjustments to the bond amounts required.
HB 32. By Representative Long of the 142nd: A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Offi cial Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title.
HB 56. By Representative Ware of the 77th: A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change the provisions relative to the bonds to be executed by applicants prior to their licensure as surplus line brokers.
HB 93. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and others: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official

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JOURNAL OF THE SENATE

Code of Georgia Annotated and in Acts of the General Assembly amend ing the Official Code of Georgia.

HB 101.

By Representative Birdsong of the 104th:
A bill to amend Code Section 15-12-20 of the Official Code of Georgia Annotated, relating to boards of jury commissioners, so as to authorize certain jury commissioners to succeed themselves in office.

HB 157.

By Representatives Ware of the 77th, Bray of the 91st, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to entitle persons who are 70 years of age or older to request the board of jury commissioners to remove their names from the jury list.

HB 161.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to provide for the codification and recodification of the laws of Georgia; to create and reestablish the Code Revision Commission and provide for its membership.

HB 162.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to authorize the Code Revision Commission to provide for the publication of the Official Code of Geor gia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof.

HB 163.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to correct typographical, stylistic, and other er rors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

HB 164.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

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187

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

HR 75. By Representative Greer of the 39th:
A resolution recognizing and commending the renowned novelist Mar garet Mitchell.

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

SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated^ relating to investments authorized by law for fiducia ries, so as to authorize fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.
Referred to Committee on Banking and Finance.

SB 113. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to authorize the board to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration.
Referred to Committee on Governmental Operations.

SB 114. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforce ment with respect to certain buildings and structures, so as to require fire safety inspections of hospitals to be performed by the state fire marshal; to provide an effective date.
Referred to Committee on Public Safety.

SB 115. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Offi cial Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle".
Referred to Committee on Natural Resources.

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SB 116. By Senator Kidd of the 25th:
A bill to provide a homestead exemption from Baldwin County ad valorem taxes for school purposes; to provide requirements to be eligible to claim such exemption; to provide definitions; to provide for applicabil ity; to provide for other matters relative to the foregoing; to provide for a referendum.
Referred to Committee on Urban and County Affairs.

SB 117. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the nomination of certain officers and officials; to delete the provisions relat ing to the clerk and treasurer; to provide for the appointment and duties of department heads.
Referred to Committee on Urban and County Affairs.

SB 118. By Senators Greene of the 26th, Peevy of the 48th and Barnes of the 33rd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to require that, before knowledge that a check would not be honored is presumed, notice of dishonor shall be given in situations involving checks returned because no account existed at the time of issuance.
Referred to Committee on Banking and Finance.

SR 79. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee.
Referred to Committee on Higher Education.

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

HB 25. By Representative Alford of the 57th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, so as to provide for the continuance of surface mining operations after a change in ownership under certain conditions; to raise the maximum bond that may be re quired for mining operators from $1,000.00 to $2,500.00 per acre and to

TUESDAY, JANUARY 22, 1985

189

provide for periodic reevaluations and adjustments to the bond amounts required.
Referred to Committee on Natural Resources.
HB 32. By Representative Long of the 142nd:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Offi cial Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title.
Referred to Committee on Natural Resources.
HB 56. By Representative Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change the provisions relative to the bonds to be executed by applicants prior to their licensure as surplus line brokers.
Referred to Committee on Insurance.
HB 93. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amend ing the Official Code of Georgia.
Referred to Committee on Judiciary.
HB 101. By Representative Birdsong of the 104th:
A bill to amend Code Section 15-12-20 of the Official Code of Georgia Annotated, relating to boards of jury commissioners, so as to authorize certain jury commissioners to succeed themselves in office.
Referred to Committee on Judiciary and Constitutional Law.
HB 157. By Representatives Ware of the 77th, Bray of the 91st, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to entitle persons who are 70 years of age or older to request the board of jury commissioners to remove their names from the jury list.
Referred to Committee on Judiciary and Constitutional Law.
HB 161. By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to provide for the codification and recodification of the laws of Georgia; to create and reestablish the Code Revision Commission and provide for its membership.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

HB 162. By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to authorize the Code Revision Commission to provide for the publication of the Official Code of Geor gia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof.
Referred to Committee on Judiciary.

HB 163. By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to correct typographical, stylistic, and other er rors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.

HB 164. By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 13. Do Pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

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

TUESDAY, JANUARY 22, 1985

191

SB 32. Do pass by substitute. Respectfully submitted, Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 15. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 55. Do pass. SB 14. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 26. Do pass. SB 27. Do pass. SB 55. Do pass. SB 90. Do pass.

SR 22. Do pass as amended. HB 22. Do pass. HB 167. Do pass.

Respectfully submitted, Senator Garner of the 30th District, Chairman

192 Mr. President:

JOURNAL OF THE SENATE

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 84. Do pass. HB 230. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 111. Do pass by substitute. SR 27. Do pass.

SR 50. Do pass. SR 52. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Urban and County 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 52. Do pass. HB 53. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 10. By Senator Kidd of the 25th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, re lating to labor and industrial relations, so as to repeal the "Private Em ployment Agencies Act".

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193

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

HB 78. By Representatives Murphy of the 18th, Daugherty of the 33rd, Connell of the 87th 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 of ficials, so as to change the salaries of the members of the General Assembly.

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

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

Langford
McGill McKenzie Peevy Perry Phillips
Ray Reddish
Scott of 2nd Starr Stumbaugh
Tate Tolleson
Trulock Turner Tysinger

Those not answering were Senators:

Bond Coverdell Howard

Hudgins Scott of 36th

Timmons Walker

Senator Burton of the 5th introduced the chaplain of the day, Dr. Wiley Stephens, pastor of Briarcliff Methodist Church, Atlanta, Georgia, who offered scripture reading
and prayer.

The following resolution of the House was read and adopted:

HR 75. By Representative Greer of the 39th:
A resolution recognizing and commending the renowned novelist Mar garet Mitchell.

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Senator Land of the 16th moved that the following bill of the Senate be with drawn from the Senate Committee on Banking and Finance and committed to the Sen ate Committee on Transportation:

SB 96. By Senators Land of the 16th, Coleman of the 1st, Holloway of the 12th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, re lating to revenue and taxation, so as to change the time in which the owner of a motor vehicle must return the same for taxation; to provide for a prorated registration fee for registrations for less than or more than 12 months; to provide for the application of tags; to provide an effective date.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 96 was withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Transportation.

Senator Land of the 16th moved that the following bill of the Senate be with drawn from the Senate Committee on Banking and Finance and committed to the Sen ate Committee on Transportation:

SB 97. By Senators Land of the 16th, Coleman of the 1st, Holloway of the 12th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time for obtaining a license and registering a motor vehicle in counties of this state having a population of 100,000 or more accord ing to the United States decennial census of 1980 or any future such census; to provide procedures.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 97 was withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Transportation.

The following local, uncontested bills of the House, favorably reported by the com mittee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, January 22, 1985
NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 44 Tysinger, 41st

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195

City of Chamblee DeKalb County
Amends an Act creating new charter for the city; provides for terms of office for mayor and councilmen.
HB 102 Turner, 8th Lowndes County
Relates to authority of board of commissioners to regulate and impose license taxes of persons, firms, and corporations doing business in unin corporated area of county.
HB 103 Turner, 8th City of Valdosta Lowndes County Relates to exemption of homesteads of resident of City from ad valorem taxation imposed by City.
HB 104 Turner, 8th Lowndes County
Relates to exemption of homesteads of residents of said county from ad valorem taxation for county and school purposes.
HB 105 Turner, 8th Lowndes County
Relates to provision of and assessment by county against owners of abut ting property for costs of streets, roads, curbs, gutters, drainage, street lights, and sidewalks.
HB 106 Turner, 8th Lowndes County
Relates to authority of board of commissioners of county to license and regulate itinerant peddlers and vendors and other tradesmen.
HB 107 Turner, 8th Lowndes County
Relates to exemption from ad valorem taxation of certain real property or historical interest located within Lowndes County.
HB 108 Turner, 8th City of Valdosta Lowndes County Relates to combination of revenue and tax administrations of said county and City of Valdosta.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

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On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

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

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

Those not voting were Senators:

Bond

Fincher

Tate

Coverdell

Hudgins

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Tuesday, January 22, 1985
NINTH LEGISLATIVE DAY
SB 12 Labor Department--Employment Security Agency and Director and Correctional Services Division not required (Gov Op--33rd)
SB 19 Board of Polygraph Examiners--create (SUBSTITUTE) (J&CL--48th)
SB 24 Superior Courts--judicial circuit may employ law clerk or court ad ministrator (SUBSTITUTE) (Judy--8th)
SB 61 Superior Court Judges' Secretaries--base annual salary (AMEND MENT) (J&CL--26th)
SR 6 Horace "Gus" Layson Memorial Bridge--designate (Trans--25th)

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197

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

SB 12. By Senators Barnes of the 33rd and Trulock of the 10th:
A bill to amend the Official Code of Georgia Annotated so as to elimi nate the statutory requirement that there be an Employment Security Agency and director and a Correctional Services Division within the De partment of Labor; to delete references to the Employment Security Agency and the Correctional Services Division.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon

Coverdell

Hudgins

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

SB 19. By Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examin ers; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 19:

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 comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners; to provide for qualifications, terms of office, reimbursement, and powers and duties of the members of such board; to require polygraph examiners to have licenses; to provide qualifications for a license as a polygraph examiner; to require an applicant for a polygraph examiner license to complete a polygraph exam iner intern program; to require licensed polygraph examiners to supervise and control polygraph examiner interns; to require applications for licenses; to provide for the issuance of licenses, renewal of licenses, and license fees; to provide for the continuation of certain licenses; to provide for reciprocity; to regulate the administration of polygraph examinations; to prohibit certain activities by polygraph examiners; to provide for rights of examinees; to pro vide for the maintenance of records of polygraph examinations; to provide for minimum errors and omissions insurance coverage or the posting of bonds; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administration of polygraph examina tions; to provide a termination date; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Geor gia Annotated, relating to general provisions regarding torts, so as to provide a cause of action for persons who suffer damages as a result of polygraph examinations; to provide for damages; 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 striking Chapter 36, relating to polygraph examiners, in its entirety and inserting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36
43-36-1. The General Assembly declares that it is the policy of this state that the only proper uses of a polygraph shall be to measure stress ful physiological responses for the purpose of detecting deception or veri fying truth of statement or for scientific or academic research or experi-

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199

ments. Any use of a polygraph or a polygraph examination which is intended to frighten or intimidate rather than measure stressful physio logical responses is declared to be improper.
43-36-2. This chapter shall be known and may be cited as the 'Geor gia Polygraph Examiners Act.'
43-36-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Polygraph Examiners.
(2) 'Polygraph' means any instrument to measure stressful physio logical responses for the purpose of testing or questioning individuals so as to detect deception or verify truth of statement. Any such instrument shall, as a minimum, record visually, permanently, and simultaneously a subject's cardiovascular pattern, respiratory pattern, and galvanic skin response.
(3) 'Polygraph examiner' means any person who measures stressful physiological responses which purport to detect deception or verify truth of statement through the use of instrumentation or a mechanical device.
(4) 'Polygraph examiner intern' means any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner.
43-36-4. (a) There is created a board to be known as the State Board of Polygraph Examiners. The board shall consist of seven mem bers who shall be residents of this state.
(b) Four members shall be polygraph examiners who have qualified under this chapter and who have been licensed polygraph examiners for at least four years. The terms of these four members shall be four years each. The terms shall be staggered so that one term expires each year. Three of such members shall be from the private sector and one shall be from the government sector.
(c) One member shall be appointed as a representative of the area of private-sector employment. Such member shall be appointed for a term of four years.
(d) One member shall be appointed as a representative of the scien tific or academic community who has some knowledge of polygraphs or polygraph examinations. Such member shall be appointed for a term of four years.
(e) One member shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of polygraph examination. The initial term of appointment for the at-large member shall expire June 30, 1986; thereafter, the Governor shall ap point successors for a term of four years.
(0 The members of the board shall be appointed by the Governor. No two members shall be employed by the same person or agency while serving on the board. Vacancies occurring on the board shall be filled by

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the Governor. When an appointment is made to fill a vacancy caused by death or otherwise, such appointment shall be for the remainder of the unexpired term of the member whose position was filled. No member shall serve more than two consecutive full terms.
(g) The members of the board shall annually appoint one of its members to be chairman.
(h) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(i) No member may directly or indirectly engage in any board busi ness involving any individual which that board member has supervised or instructed.
(j) The joint-secretary shall serve as secretary of the board.
(k) The members serving on the State Board of Polygraph Examin ers on July 1, 1985, shall continue to serve their respective terms of office.
43-36-5. The Board shall have the following powers and duties:
(1) To determine the qualifications and fitness of applicants for li censes consistent with this chapter;
(2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter;
(3) To initiate investigations for the purpose of discovering viola tions of this chapter;
(4) To hold hearings on all matters properly brought before the board in connection with such investigations to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings;
(5) To establish continuing education requirements by rules and regulations; and
(6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect.
43-36-6. In order to qualify for a license as a polygraph examiner, a person must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;
(3) Be a person of good moral character;
(4) (A) Have a bachelor's degree from a full four-year accredited uni versity or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at

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such a university or college which shall include at least one course in physical science and one course in psychology; and
(ii) Have at least two years' experience as an investigator or detec tive with a municipal, county, state, or federal agency.
Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;
(5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board;
(6) Have completed a period of a minimum of 12 months as poly graph examiner intern under the supervision of a qualified polygraph ex aminer in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and
(7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses.
43-36-7. (a) An applicant for licensure as a polygraph examiner shall be required to complete an approved 12 month program as a poly graph examiner intern.
(b) Prior to examination, a polygraph examiner intern must admin ister a minimum of 100 examinations consisting of no less than 50 spe cific examinations in any given 12 month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all poly graph charts and allied papers resulting from the examinations con ducted by the polygraph examiner intern for review by the board.
(c) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the ap plicant during the intern program.
(d) Once a licensed polygraph examiner has been approved to su pervise a polygraph examiner intern, the intern may not transfer to the supervision of another licensed polygraph examiner without the prior ap proval of the board.
(e) (1) The polygraph examiner who supervises a polygraph examiner intern must:
(A) Be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision; and
(B) Operate a polygraph or otherwise be involved in polygraph work during at least 75 percent of his time in his current employment position.
(2) A polygraph examiner may not supervise more than two poly graph interns at any one time.

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(3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation. Such internship shall be con ducted principally within this state, although the polygraph examiner in tern may take occasional trips out of state to administer polygraph exam inations, provided that the polygraph examiner intern is accompanied by his supervisor and that both such intern and supervisor meet the qualifi cations for conducting polygraph examinations in such other state.
(f) The board shall provide by rule that the licensed polygraph ex aminer and the polygraph examiner intern shall submit a periodic list to the board of all polygraph examinations conducted by the polygraph ex aminer intern during such period, stating the names, dates, and types of examinations given by the polygraph examiner intern. This list shall be signed by both the licensed polygraph examiner and the polygraph exam iner intern.
(g) The board may, in its discretion, require the licensed polygraph examiner to appear with the polygraph examiner intern at the board's examination and present to the board any or all of the polygraph charts and allied papers prepared by the polygraph examiner intern during the internship program.
43-36-8. Every person administering polygraph examinations must qualify individually for a license under this chapter and shall file with the board through the joint-secretary a written application accompanied by a fee established by the board.
43-36-9. (a) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6 for a polygraph exam iner, the board shall issue and deliver to such applicant a license to con duct polygraph examinations, charging such fee for the issuance of the license as the board may establish, such license shall not be transferable and shall be revoked or canceled only by the board.
(b) When the board is satisfied that the applicant meets the require ments set out in Code Section 43-36-6, except for the qualifications set out in paragraphs (6) and (7) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph ex aminer intern, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked only by the board.
(c) Notwithstanding any other provisions of this chapter, any person who has been issued a license by the board authorizing such person to administer polygraph examinations and whose license is valid on July 1, 1985, shall not be required to comply with the provisions of paragraphs (4) through (7) of Code Section 43-36-6. Such person shall continue to be licensed and shall have his license renewed as long as he complies with the remaining provisions of this chapter.
43-36-10. Persons licensed to operate polygraphs under the laws of any other state having requirements equal to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in

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203

this state without written examination upon the payment of a fee in an amount established by the board.
43-36-11. (a) All licenses issued under this chapter shall be renew able biennially.
(b) A polygraph examiner employed by a municipal, county, state, or federal agency shall not be required to pay any application or licensing fees as long as his sole use of the polygraph is in performance of his official duties, provided that such polygraph examiner must be properly licensed as provided in Code Section 43-36-9.
(c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed polygraph examiner an identification card which he must have in his possession when administering polygraph ex aminations at a location away from his normal place of business.
43-36-12. All polygraph examinations shall be conducted under such testing conditions as are established by rules and regulations of the board. Such conditions, at a minimum, shall provide that:
(1) No chart shall contain less than seven nor more than 15 questions;
(2) An examiner shall allow a minimum of ten seconds between questions to allow the subject ample time to respond physiologically to each verbal stimulus;
(3) (A) A polygraph examiner shall not produce a polygraph chart which is not adequately marked by the polygraph examiner to identify, at a minimum, each of the following:
(i) The individual being tested;
(ii) The date of the examination;
(iii) The time of the chart;
(iv) The chart and test number; and
(v) The polygraph examiner's initials and the signature of the examinee.
(B) A polygraph examiner shall mark charts which are produced from instruments which contain electronically enhanced components to show the sensitivity level at the beginning of the chart and at any point where the sensitivity is changed;
(4) A polygraph examiner shall not perform more than 15 poly graph examinations in any one 24 hour period; and
(5) When a polygraph examination is being administered, no person shall be present in the room other than the polygraph examiner without the knowledge and prior consent of the examinee. No polygraph exami-

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nation shall be monitored with viewing or listening devices without the examinee's knowledge and prior consent.
43-36-13. (a) A polygraph examination shall consist of:
(1) A full and complete pretest interview;
(2) Chart examination; and
(3) A posttest interview when necessary. Such interview will in clude, but not be limited to, the examinee being informed of the exam iner's opinion concerning the test results and an opportunity for the ex aminee to respond to those opinions rendered.
(b) No part of a polygraph examination shall be conducted other than personally by the polygraph examiner.
(c) (1) All conclusions or opinions of a polygraph examiner shall be in writing and shall be based on polygraph chart analysis. A polygraph examiner shall not render any conclusions or opinions without having produced two or more polygraph charts on the examinee covering the same questions.
(2) A polygraph examiner shall render an opinion on each relevant question asked.
(3) Only three types of opinions will be rendered by a polygraph examiner:
(A) Deception indicated;
(B) No deception indicated; or
(C) Inconclusive chart analysis.
(4) Such conclusions or opinions shall contain no information other than interpretation of charts and shall contain no recommendation re garding the prospective or continued employment of an examinee.
(5) A polygraph examiner shall, upon written request, provide an examinee a written copy of all opinions or conclusions rendered and signed by the polygraph examiner within 15 days of the date of the ex amination. The board is authorized to establish by rule a reasonable fee for the provision of such copy. This paragraph shall not apply to law enforcement personnel conducting criminal investigations.
(d) No person except a licensed polygraph examiner shall conduct an interview in the presence of a polygraph which might lead the ex aminee to believe that such person is a polygraph examiner.
(e) A polygraph examiner shall not ask a question during a poly graph examination unless, prior to such examination, such question has been submitted in writing to the examinee, the polygraph examiner has reviewed such question with the examinee, and the examinee gives writ ten consent to such question.

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205

(f) A polygraph examiner shall not use any instrument or device to measure stressful physiological responses which does not meet the mini mum instrumentation requirements of paragraph (2) of Code Section 4336-3 and such minimum requirements as are established by the board.
43-36-14. A polygraph examiner shall not inquire into any of the following areas during preemployment or periodic employment examinations:
(1) Religious beliefs or affiliations;
(2) Beliefs or opinions regarding racial matters;
(3) Political beliefs or affiliations;
(4) Beliefs, affiliations, or lawful activities regarding unions or labor organizations;
(5) Sexual preferences or activities; or
(6) Actions or activities more than five years preceding the date of the examination, except for felony convictions or participation in criminal activity which would constitute a felony.
43-36-15. (a) In order to protect the rights of the examinee in the administration of a polygraph examination, the following minimum pro cedures must be followed:
(1) Each prospective examinee shall be required to sign a notifica tion and receive a copy of such notification, prior to the beginning of a polygraph examination, which contains the following information:
(A) That he has the right to refuse to take a polygraph examination;
(B) That the polygraph examiner shall not inquire into any of the following areas during preemployment or periodic examinations:
(i) Religious beliefs or affiliations;
(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Beliefs, affiliations, or lawful activities regarding unions or la bor organizations;
(v) Sexual preferences or activities; or
(vi) Actions or activities more than five years preceding the date of the examination, except for felony convictions or participation in criminal activity which would constitute a felony;
(C) That he may terminate the examination at any time;
(D) That, upon written request, he shall be provided with a written copy of any opinions or conclusions rendered as a result of the examina-

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tion. The board is authorized to establish by rule a reasonable fee for the provision of such copy;
(E) The name of the polygraph examiner, his polygraph examiner license number issued by the board, and his business address;
(F) The name and address of the State Board of Polygraph Exam iners; and
(G) That he has the right to file a complaint with the board if he feels that the examination has been improperly conducted. The exact wording of this provision of the notification shall be prescribed by rules or regulations of the board;
(2) The board shall provide by rule for the form of the notification provided for in paragraph (1) of this subsection;
(3) (A) A polygraph examiner, when administering a polygraph exami nation, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest inter view or not reasonably related to the matters or issues previously dis cussed with the subject.
(B) No polygraph examiner after conducting a preemployment pol ygraph examination shall conduct an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the examinee.
(C) A polygraph examiner shall not knowingly coerce or intimidate a subject into signing or verbally confessing to matters.
(D) A polygraph examiner shall not release the results of a subject's examination unless the examiner has obtained the prior written permis sion of the subject.
(E) A polygraph examiner shall not conduct an examination of a subject if the examiner knows or has reason to believe that the subject is mentally or physically incapable of undergoing a polygraph examination.
(F) An examinee shall be allowed to tape-record his examination concerning any matters directly relating to employment unless such mat ters involve law enforcement personnel conducting internal investigations or a specific criminal investigation reported to a law enforcement agency; and
(4) A licensed polygraph examiner, a licensed polygraph examiner intern, or an employee of a licensed polygraph examiner may only, dis close information acquired from a polygraph examination to:
(A) The examinee or any other person specifically designated in writing by the examinee;
(B) The person, firm, corporation, partnership, business entity, or governmental agency that requested the examination; or
(C) Any person pursuant to and directed by court order.

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207

(b) The rights and procedures provided for in this Code section shall not be affected by any contract or waiver and a polygraph examiner shall be prohibited from requesting that an examinee execute any such contract or waiver.
43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of two years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination.
43-36-17. (a) Except as otherwise provided in subsection (b) of this Code section, any polygraph examiner licensed under this chapter shall be required to acquire and maintain a minimum of $100,000.00 coverage of errors and omissions insurance.
(b) (1) In lieu of the requirements of subsection (a) of this Code sec tion, each applicant for a license under this chapter shall provide satis factory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $50,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license. Immediately upon the granting of a license, such bond shall be filed with the joint-secretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval. No licensee shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospective licensee may submit a net worth affidavit, prepared using standard accounting procedures, which affidavit indicates that the prospective licensee has a net worth of more than $100,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board, in its discretion, may re quire licensees under this Code section to submit periodic financial up dates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter.
(2) If the surety or licensee cancels the bond and the licensee fails to submit either, within ten days of the effective date of the cancellation, a new bond or a net worth statement showing that the licensee has a net worth of $100,000.00, calculated according to standard accounting pro cedures, the board may revoke his license.
(c) The board is authorized to provide by rule for the implementa tion and enforcement of this Code section.
(d) This Code section shall not apply to a polygraph examiner em-

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ployed by a municipal, county, state, or federal agency as long as such examiner's sole use of the polygraph is in performance of his official duties.
43-36-18. Investigative and disciplinary authority of the board shall be as provided for in Code Section 43-1-19.
43-36-19. It shall be unlawful for any person to conduct polygraph examinations unless he shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who conducts or attempts to conduct poly graph examinations without a license, or who buys or fraudulently ob tains a license to conduct polygraph examinations, or who violates any of the terms of this chapter, or who uses the title 'polygraph examiner' or any word or title to induce the belief that he is a polygraph examiner, without first complying with this chapter, shall be guilty of a misde meanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than 30 days nor more than one year, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner.
43-36-20. This chapter shall not apply to any person who uses a polygraph for the sole purpose of conducting scientific or academic re search or experiments. Such results shall be used exclusively for aca demic or scientific pursuits and in no way shall be used for specific em ployment or law enforcement objectives.
43-36-21. For the purposes of Chapter 2 of this title, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1987, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-36, to be desig nated Code Section 51-1-37 to read as follows:
"51-1-37. (a) Any person who is given a polygraph examination and who suffers damages as a result of:
(1) Such polygraph examination having been administered in a neg ligent manner; or
(2) Such polygraph examination having not been administered in conformity with the provisions of Chapter 36 of Title 43
shall have a cause of action against the polygraph examiner.
(b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may in clude, but shall not be limited to, the expenses of discovery and document

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209

reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 19 offered by the Senate Committee on Judiciary and Constitutional Law by adding in Section 1 at the end of line 10 of Page 3 a new sentence to read as follows:
"Audio stress instruments and audio stress examiners are specifically excluded."

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:

Albert Baldwin Barker Bowen Brannon Brantley Burton Coleman Engram

Fincher Garner Greene Harrison Muggins Kidd Land Langford McGill

Perry Reddish Scott of 2nd Stumbaugh Tate Tolleson Turner Tysinger

Those voting in the negative were Senators:

Allgood Barnes Broun of 46th Brown of 47th Bryant Cobb Dawkins Deal Dean

English Foster Gillis Harris Mine Holloway Horton Howard Hudgins

Kennedy McKenzie Peevy Phillips Scott of 36th Starr Timmons Trulock Walker

Those not voting were Senators:

Bond

Coverdell

Ray

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On the adoption of the amendment offered by Senator Stumbaugh of the 55th, the yeas were 26, nays 27, and the amendment was lost.
Senator Greene of the 26th offered the following amendment:
Amend the substitute to SB 19 offered by the Senate Committee on Judiciary and Constitutional Law by adding between lines 16 and 17 of Page 18 the following:
"43-36-20. It shall be unlawful for an employer or prospective em ployer to charge or require an employee or prospective employee to pay for any polygraph examination required as a condition of preemployment or continued employment."
By striking from line 17 of Page 18 the following: "43-36-20.",
and inserting in lieu thereof the following: "43-36-21."
By striking from line 24 of Page 18 the following: "43-36-21.",
and inserting in lieu thereof the following: "43-36-22."

On the adoption of the amendment offered by Senator Greene of the 26th, the yeas were 44, 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:

Albert Allgood Baldwin Barker

Barnes Bowen Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb

Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

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211

Hine Holloway Horton Howard Hudgins Kennedy Kidd McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Starr Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Brannon Harrison Huggins

Land Langford Scott of 36th

Stumbaugh Tate

Those not voting were Senators Bond and Coverdell.

On the passage of the bill, the yeas were 46, nays 8.

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

SB 24. By Senators Turner of the 8th, Bowen of the 13th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to pro vide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator; to provide for related matters.

The Senate Committee on Judiciary offered the following substitute to SB 24:

A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in gen eral, so as to provide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-28, relating to employment of law clerks for ju dicial circuits, and inserting in its place a new Code section to read as follows:
"15-6-28. (a) The judge of each judicial circuit who is the chief judge of the circuit is authorized to employ either one law clerk or one court administrator for the circuit.
(b) Each law clerk or court administrator so employed shall be an employee of the judicial branch of the state government and shall be in the unclassified service of the State Merit System of Personnel Adminis tration. The law clerk or court administrator shall be compensated in an amount as set forth by this Code section.
(c) An amount not to exceed $14,500.00 per annum for the salary of the law clerk or the court administrator as provided and fixed in this Code section shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the supe rior courts. Effective July 1, 1980, the maximum figure provided in this Code section for such salaries which are to be paid from state funds 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 classi fied service of the State Merit System of Personnel Administration, pro vided that funds are appropriated to fund such increase.
(d) Any person to be employed as a law clerk must be a member of the State Bar of Georgia or must be eligible to take the State Bar exami nation and must possess such additional qualifications as shall be deter mined by the judge employing the law clerk.
(e) Each law clerk or court administrator shall serve at the pleasure of the judge employing the clerk or court administrator. Each law clerk or court administrator shall perform such duties and services as shall be prescribed by the judge.
(f) Any provision of law to the contrary notwithstanding, each county within this state is authorized to supplement the compensation of any law clerk or court administrator employed under this Code section.
(g) Any person to be employed as a court administrator under this Code section shall possess such qualifications as shall be determined and prescribed by the judge employing the court administrator."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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213

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:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Dawkins Dean English Engram

Fincher Foster Garner Gillis
Greene Harris Harrison Mine
Holloway Horton
Hudgins Huggins Kennedy Kidd
McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
T1 aa t1^C
Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Bond Bryant Coverdell

Deal Howard Land

Langford Ray

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

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

Senator Cobb of the 28th introduced the doctor of the day, Dr. Don Walker, of Newnan, Georgia.

The following resolution of the Senate was read and adopted:

SR 80. By Senators Land of the 16th, Engram of the 34th, Horton of the 17th and others:
A resolution commending the outstanding young women of Georgia who have earned the "Girl Scout Gold Award".

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

SB 61. By Senators Greene of the 26th, Deal of the 49th, Barnes of the 33rd and Dawkins of the 45th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum num ber of merit increases.

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

Amend SB 61 by adding between the word and semicolon "annually;" and the word "to" on line 14 of Page 1 the following:
"to provide for a maximum number of merit increases;".
By striking the underscored period after the word "laws" on line 6 of Page 3 and substituting in lieu thereof the following:
"or at any time not less than 12 months since the employees' origi nal date of continuous employment if no merit increase has been granted under previously existing law."
By striking the underscored period after the word "increases" on line 10 of Page 3 and substituting in lieu thereof the following:
"received through July 1, 1985."
By striking the underscored period after the word "law" on line 8 of Page 5 and substituting in lieu thereof the following:
"or at any time not less than 12 months since the employees' origi nal date of continuous employment if no merit increase has been granted under previously existing law."
By adding between the word "increases" and the semicolon on line 13 of Page 5 the following:
"received through July 1, 1985"

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215

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Richard Greene, State Senator

District 26

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director O.P.B.

DATE:

January 22, 1985

SUBJECT: Fiscal Note--Senate Bill 61 LC 4 4550 (as amended by AM 4 0001) Pay Schedule for Secretaries of Judges and District Attorneys

This Bill would establish a new salary schedule for secretaries of dis trict attorneys and superior court judges. The provisions of this Bill are dis cussed below.

1. The base annual salary would be $14,688. This amount would be adjusted to include any across-the-board pay increases granted after June 30, 1985 to state employees under the Merit System.
The current base salary is $13,188. This amount is based on current law which specified that the salary on July 1, 1983 would be $12,192, with adjustments for across-the-board pay increases.

2. A six-step pay schedule would be established with the maximum pay at step 6 being $18,744. The salary at each step would be 5% greater than the salary at the previous step. The pay at each step would be adjusted for any across-the-board pay increases as for clas sified members of the State Merit System.
Under current law secretaries may receive a maximum of five merit pay increases, with each increase being 5%. Based on the current base salary of $13,188 the maximum current salary is $16,831.

3. A merit increase equal to one step on the pay schedule could not be granted within 12 months of a previous merit increase or within 12 months of the employee's initial date of employment if no merit in creases have been granted.
Current law restricts merit increases to once per year.

4. Each secretary employed on July 1, 1985 would be placed on the appropriate step of the pay schedule to give credit for previous merit increases received through July 1, 1985. Any district attorneys' sec retaries whose current salary exceeds the step that would be appro-

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priate for their number of merit pay increases would be placed on the next higher step.
5. New secretaries appointed after July 1, 1985 would be placed on step 1 of the pay schedule.
Based on the current salary structure, this Bill would result in a salary increase of approximately 11.4%. Using the current salaries of the 206 sec retaries who would be affected by this Bill and assuming all secretaries re ceive merit increases on their eligibility dates, this Bill would result in an additional cost to the state for fiscal year 1986 of $385,000 (including the cost of social security, health insurance, and retirement). This cost estimate would be increased by the amount of any across-the-board pay increase that became effective after June 30, 1985.
It should be noted that the cost of this Bill was computed on the as sumption that secretaries could receive a 5% merit pay increase under the current law through July 1, 1985, and then be placed on a step of the new pay schedule. For example, a secretary who had received one prior merit pay increase on June 1, 1984 would be eligible to receive a second 5% in crease on June 1, 1985 and then be placed on step 3 of the new salary schedule on July 1, 1985 with an additional pay increase of 11.4%.

/s/ C.T. Stevens, Director Office of Planning and Budget

/s/ W.M. Nixon State Auditor

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley
Broun of 46th Brown of 47th Burton Cobb Coleman Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis
Greene Harris Harrison Hine Holloway Horton

Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie
Peevy Perry Phillips Ray Reddish Scott of 2nd

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217

Scott of 36th Starr Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bond Bryant

Coverdell

Land

On the passage of the bill, the yeas were 51, nays 1.

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

SR 6. By Senator Kidd of the 25th:
A resolution authorizing and directing the Department of Transportation to designate the U. S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Dawkins Deal Dean English Engram

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

McGill McKenzie Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Barker Bond
Bryant

Coverdell Land

Reddish Scott of 2nd

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

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

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

At 11:44 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 23, 1985 Tenth Legislative Day

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

Senator Hudgins of the 15th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 35. By Representative Crawford of the 5th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality.

HB 81. By Representatives Aiken of the 21st and Johnson of the 21st:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance poli cies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum.

HB 193.

By Representative Sizemore of the 136th:
A bill to amend an Act providing a new charter for the City of Sylvester, so as to provide for the election of members of city council from geo graphic districts.

HB 278.

By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing a new charter for the City of Carrollton, so as to change the provisions relating to the election of councilmen.

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

SB 119. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relative to the institution of proceedings to compel compliance with relevant law.
Referred to Committee on Judiciary and Constitutional Law.

SB 120. By Senator Brown of the 47th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allow ance, early retirement, and amount of retirement allowance under the Georgia Legislative Retirement System, so as to increase the retirement allowance; to provide for an effective date.
Referred to Committee on Retirement.

SB 121. By Senators Walker of the 43rd, Barnes of the 33rd, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education; to provide for limited immunity from actions for persons appointed as surrogate parents for children pursuant to certain federal law and regulations.
Referred to Committee on Judiciary and Constitutional Law.

SB 122. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses bailable and bail in misdemeanor cases, so as to provide that persons who are arrested for a violation of subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, shall not be released on bail until their faculties are no longer impaired because of the influence of alcohol or drugs.
Referred to Committee on Judiciary.

SB 123. By Senator Deal of the 49th:
A bill to amend Article 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance viola tions, so as to provide that the chief magistrate of each county may es tablish a schedule of cash bonds for persons charged with ordinance vio lations and may designate officers authorized to accept such cash bonds.
Referred to Committee on Judiciary.

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221

SB 124. By Senator Deal of the 49th:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who is 62 years of age or older and has attained 30 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retirement date.
Referred to Committee on Retirement.

SB 125. By Senator Deal of the 49th:
A bill to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, coun ties, or other political subdivisions of certain motor vehicle insurance, so as to remove certain prohibitions regarding the suggestion of the exis tence of any insurance which covers, in whole or in part, certain judg ments or awards.
Referred to Committee on Insurance.

SB 126. By Senators Scott of the 2nd, Tysinger of the 41st, Kidd of the 25th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for the inspection of certain books and records of parent corporations of public utilities whose rates are regulated by the commission and the dis allowance of certain costs.
Referred to Committee on Public Utilities.

SB 127. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to pro vide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.
Referred to Committee on Judiciary.

SB 128. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide patients with a right to informed consent to surgical and medical treatment; to provide for other matters relative thereto.
Referred to Committee on Judiciary.

SB 129. By Senators Trulock of the 10th, Garner of the 30th and Allgood of the 22nd:
A bill to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and

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exceptions with respect to pretrial proceedings, so as to provide for evi dence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses.
Referred to Committee on Offender Rehabilitation.

SB 130. By Senators Greene of the 26th, Dean of the 31st, Howard of the 42nd and Harris of the 27th:
A bill to amend Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and dam ages under the "Fair Business Practice Act of 1975," so as to provide that copies of the pleadings shall be served upon the administrator.
Referred to Committee on Judiciary and Constitutional Law.

SB 131. By Senators Dawkins of the 45th, Starr of the 44th and Greene of the 26th:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to fraudulent insurance claims, so as to define the offense of insurance fraud; to provide for certain procedural matters rela tive to the foregoing; to provide for penalties; to provide an effective date.
Referred to Committee on Insurance.

SB 132. By Senators Timmons of the llth, Bowen of the 13th and McKenzie of the 14th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for indigent and elderly patients, so as to change provisions relating to hospital care for indigent pregnant women in active labor; to provide that hospitals shall be required to fur nish care and counties shall be liable for the cost of care for women in active labor who are in the seventh or later month of pregnancy.
Referred to Committee on Human Resources.

SB 133. By Senator Broun of the 46th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Offi cial Code of Georgia Annotated, the "Stone Mountain Memorial Associ ation Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of rea sonable ordinances by the association; to authorize the association to ap point security officers.
Referred to Committee on Economic Development and Tourism.

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223

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

HB 35. By Representative Crawford of the 5th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality. Referred to Committee on Natural Resources.
HB 81. By Representatives Aiken of the 21st and Johnson of the 21st:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance poli cies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum. Referred to Committee on Insurance.
HB 193. By Representative Sizemore of the 136th:
A bill to amend an Act providing a new charter for the City of Sylvester, so as to provide for the election of members of city council from geo graphic districts. Referred to Committee on Urban and County Affairs.
HB 278. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing a new charter for the City of Carrollton, so as to change the provisions relating to the election of councilmen. Referred to Committee on Urban and County Affairs.
The following communication from Senator Howard of the 42nd, Chairman of the Senate Committee on Human Resources, was read by the Secretary:

To:

Hamilton McWhorter

Secretary of the Senate

January 22, 1985

I hereby request and authorize Senator Culver Kidd of the 25th to act in my stead as Chairman of the Senate Human Resources Committee at 2 P.M. on today. Sen. Ed Hine, Vice-Chairman is unavailable.
Pierre Howard Senator, 42nd District Chairman, Human Resources Committee

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

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 6. Do pass as amended. SB 20. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Acting Chairman

Mr. President:

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

SB 46. Do pass by substitute. SB 75. Do pass.

SB 87. Do pass. SB 88. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 16. Do pass. SB 17. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:

WEDNESDAY, JANUARY 23, 1985

225

SB 105. Do pass.

Respectfully submitted, Senator Timmons of the 11 th District, Chairman

Mr. President:

The Committee on Urban and County 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 107. HB 100. HB 109.

Do pass. Do pass. Do pass.

HB 115. Do pass. HB 166. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 13. By Senators Barnes of the 33rd, Coverdell of the 40th, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.

SB 14. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule-making power of the board and place such rule-making power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor.

SB 15. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and esca lators and similar devices, so as to change the date before which inspec tions shall be required; to eliminate the requirement that inspectors be in the classified service; to change the date by which the advisory committee shall be appointed.

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SB 26. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to define the crime of aggravated assault upon a correctional officer; to de fine the crime of aggravated battery upon a correctional officer; to define the term "correctional officer".

SB 27. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and produc tion and preservation of evidence, so as to provide witness fees for correc tional officers; to provide an effective date.

SB 32. By Senators Fincher of the 54th, Broun of the 46th and Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions.

SB 55. By Senators Kennedy of the 4th and Garner of the 30th:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or pa role, so as to change the amount of certain parole supervision fees; to remove certain duration limitations on supervision fees; to provide that the amount of supervision fees shall be set by rule of the board and shall be uniform statewide.

SB 84. By Senators Engram of the 34th, Horton of the 17th, Garner of the 30th and Harris of the 27th:
A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing per sons, so as to provide that certain persons hospitalized or resident in cer tain facilities shall be considered to be missing persons under specified circumstances.

SB 90. By Senator Kennedy of the 4th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state cor rectional institution in a suitable room at the institution.

WEDNESDAY, JANUARY 23, 1985

227

SB 111. By Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generating plants into the rate base of certain utility owners of such plants under certain circumstances.

SR 22. By Senators Kennedy of the 4th and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may by general law direct that all funds collected by the State Board of Pardons and Paroles as parole supervision fees as a condition of parole or other conditional release be used for the purpose of providing assistance to victims of crimes; to provide for the submission of this amendment for ratification or rejection.

SR 27. By Senators Gillis of the 20th, Reddish of the 6th and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consid eration therefor; to provide an effective date.

SR 50. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Calhoun, Georgia, to the Gordon County Board of Com missioners; to provide an effective date.

SR 52. By Senators Coleman of the 1st, Bryant of the 3rd and Scott of the 2nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savan nah an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improve ment, and replacement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such stateowned property.

HB 22. By Representatives Col well of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend the Official Code of Georgia Annotated so as to substi tute the term "corrections" for the term "offender rehabilitation" wher ever the same appears in the Code; to change the term "Board of Of fender Rehabilitation" to "Board of Corrections".

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HB 55. By Representatives Jackson of the 9th and McDonald of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the fee charged for filing an application for a certificate of title and notice of a security interest or lien.

HB 167.

By Representatives Hays of the 1st, Jackson of the 9th, and Cox of the 141st and others:
A bill to amend Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders gener ally, so as to provide that, when an adult offender has been ordered to make restitution for any damage to state property caused by such of fender, the department may order the seizure of all moneys in or coming into the monetary account of the offender.

HB 230.

By Representative Jackson of the 9th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, so as to change the amount of the license fee for the operation of motorcycles.

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

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

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

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bowen Coverdell

Foster Phillips

Timmons

Senator Deal of the 49th introduced the chaplain of the day, Reverend Steve

WEDNESDAY, JANUARY 23, 1985

229

Brown, pastor of the First Baptist Church of Gainesville, Georgia, who offered scrip ture reading and prayer.

The following communications were received and read by the Secretary:

The General Assembly Atlanta
January 23, 1985
Honorable Zell Miller Lieutenant Governor of Georgia 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 22, 1985, at 2:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable Otis A. Brumby, Jr., Cobb County, was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 1985, and expir ing April 15, 1990.
Respectfully submitted,
/s/ Robert G. Peters Representative, 2nd District Chairman Seventh Congressional District Caucus
/s/ John Crawford Representative, 5th District Secretary Seventh Congressional District Caucus

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Otis A. Brumby, Jr., Cobb County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Trans portation Board from the Seventh Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1985, and expiring April 15, 1990.

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This 23rd day of January, 1985.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 23, 1985
Honorable Zell Miller Lieutenant Governor of Georgia 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 22, 1985, at 3:00 P.M., in the Senate Chamber, State Capi tol, at which caucus Honorable James L. Conner, Jeff Davis County, was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 1985, and expir ing April 15, 1990.
Respectfully submitted,
/s/ Hugh M. Gillis, Sr. Senator, 20th District Chairman Eighth Congressional District Caucus
/s/ Tommy Smith Representative, 152nd District Secretary Eighth Congressional District Caucus

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable James L. Conner, Jeff Davis County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Trans portation Board from the Eighth Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1985, and expiring April 15, 1990.

WEDNESDAY, JANUARY 23, 1985

231

This 23rd day of January, 1985.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The following local, uncontested bills of the House, favorably reported by the com mittee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Wednesday, January 23, 1985 TENTH LEGISLATIVE DAY

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 52 Timmons, llth Randolph County
Abolishes the mode of compensating the sheriff of Randolph Co. known as the fee system and provides in lieu thereof an annual salary; changes provisions relating to deputy sheriff.

HB 53 Timmons, llth Stewart County
Amends Act placing sheriff on a salary basis and relates to sheriffs of fice; changes provisions for compensating deputy sheriff.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean Engram Garner

Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd

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Land Langford McKenzie perry Ray

Reddish Scott of 36th _ Starr Stumbaugh

Tate Tolleson
,, Trulock Tysinger

Those not voting were Senators:

Coverdell English Fincher Foster Howard

Hudgins McGill Peevy Phillips

Scott of 2nd Timmons Turner Walker

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Wednesday, January 23, 1985
TENTH LEGISLATIVE DAY
HB 1 Appropriations, 1984-85--supplemental (SUBSTITUTE) (Approp--44th and 12th)
SB 10 Private Employment Agencies Act--repeal (SUBSTITUTE) Gov Op--25th)
HB 78 General Assembly Members--change salaries (AMENDMENT) (Approp--4th)
SR 13 Public Official Indicted for Felony by Grand Jury--removal from of fice (Judy--40th)

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

Senator Starr of the 44th assumed the Chair at the direction of the president.

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.
Senate Sponsors: Senators Starr of the 44th and Holloway of the 12th.

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233

The Senate Committee on Appropriations offered the following substitute to HB 1:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," ap proved April 6, 1984 (Ga. L. 1984, p. 1502), so as to change certain appro priations for the State Fiscal Year 1984-85; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1984-85, known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1984, and ending June 30, 1985; as prescribed hereinafter for such State Fiscal Year, from funds from the Fed eral Government and the General Funds of the State, including unappropri ated surplus, reserves and a State fund revenue estimate of $4,302,000,000 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 ............................ $

17,273,334 17,273,334 17,273,334 17,273,334
17,273,334

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

234

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Committee; for the maintenance, repair, construction, re construction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legisla tive Services Committee, the Office of Legislative Coun sel and the Office of Legislative Budget Analyst; for the operation of the Legislative Educational Research Coun cil; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assem bly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to de termine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Govern ment. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits ........... $
1. Operations .............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
2. Tax Ratio Study ......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Budget Unit Object Classes:
Operations .............................. $ Tax Ratio Study ......................... $ Authorized Motor Vehicles Total Positions Budgeted

6,546,504
7,779,676 7,779,676 6,196,504
350,000 350,000 350,000
7,779,676 350,000 31 190

WEDNESDAY, JANUARY 23, 1985

235

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.
Budget Unit: Supreme Court .............. $ Court Operations......................... $ Appellate Court Reports .................. $

3,102,016 2,906,616
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.

Section 4. Court of Appeals. Budget Unit: Court of Appeals .

. $ 3,337,970

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

25,583,882 24,357,703
498,713 110,763
54,502
541,766 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

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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 with less than five years of experience to attend the Judi cial College.

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .............. $

129,968

For the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 7. Institute of Continuing Judicial Education.
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.

WEDNESDAY, JANUARY 23, 1985

237

Section 8. Judicial Council.
Budget Unit: Judicial Council. Council Operations .......... Payments to Judicial
Administrative Districts for Case Counting ............ Board of Court Reporting ....

553,148 469,180
65,000 18,968

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

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 . .

$

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

39,340,942
248,036 6,551 2,600
15,593 3,670 15,000 291,555 291,555
6

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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 ........ Health Planning Review Board Operations .............. Georgia Golf Hall of Fame Operations ............... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

1,332,963 113,666 14,545 --0--
12,000 1,300 23,600 231,927 23,825 --0--

$ 7,490,000 $ 837,220

$ 850,000

$

65,810

$

20,000

$ 11,016,856

$ 11,016,856

42

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. State of Georgia General
Obligation Debt Sinking Fund ..... Public Safety Officers
Indemnification Fund ............. Total Funds Budgeted .............. State Funds Budgeted .............. Total Positions Budgeted

1,053,506 24,480 6,000
49,500 336
5,989,258 79,050 18,273 103,125 11,552
1,060,000
608,800 9,003,880 5,978,599
30

WEDNESDAY, JANUARY 23, 1985
4. Central Supply Administration Budget:
Personal Services.................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications ............. Per Diem, Fees and Contracts ..... Materials for Resale.............. Utilities......................... Total Funds Budgeted ............ Total Expenditures Authorized ..... State Funds Budgeted ............ Total Positions Budgeted
5. Procurement Administration Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ........... State Funds Budgeted ............ Total Positions Budgeted
6. General Services Administration Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ Total Expenditures Authorized ..... State Funds Budgeted ............ Total Positions Budgeted

239
340,437 394,814
1,450 4,000
69,324
800 6,517,830
--0-- 7,328,655 7,328,655
--0-- 19
1,373,167 106,782 10,450
49,800 2,100 247,700 199,749 37,335
2,027,083 2,027,083
53
322,493 5,950 6,550
10,300 200
25,800 40,734 37,654
449,681 449,681
11

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JOURNAL OF THE SENATE

7. Space Management Administration Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Materials for Resale .............. Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
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
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 .....

302,686 7,288 6,000
400 3,764 4,000 25,650 7,319
357,107 357,107
12
17,249,922 1,274,975
60,000
51,000 160,000 164,400 15,991,318 1,784,023 314,481
1,981,700 132,000
39,163,819 39,163,819 13,669,742
596
581
454,073 1,433,020
208,000 8,050 4,500

WEDNESDAY, JANUARY 23, 1985

241

Direct Payments to Georgia Building Authority for Capital Outlay..............
Total Funds Budgeted ......... Total Expenditures Authorized . . State Funds Budgeted ......... Total Positions Budgeted

15,000 2,125,863 2,125,863
--0--
24

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

3,204,920 358,000 11,000 89,000 59,000 60,875 208,800 197,498 --0-- 5,000
29,441,872 33,635,965 33,635,965 6,000,000
120

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

1,530,655 1,566,650
---0-- 20,000 ---0-- 112,000 3,900 177,312 --0-- 975,000 --0-- 4,385,517 4,423,983 --0--
69

12. Surplus Property Services Budget:

Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals ..............

797,072 275,980 24,400
17,500 2,700 4,080

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JOURNAL OF THE SENATE

Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

14,217 25,000 12,000 30,263
1,203,212 --0-- 40

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

179,161 123,539
--0--
200
11,997
314,897 314,897
--0-- 10

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

670,108 45,078 33,500 8,000 3,800
1,800 87,500 69,378 13,665 --0-- 35,000 967,829 967,829 --0--
25

Budget Unit Object Classes:

Personal Services................. Regular Operating Expenses ....... Travel ..........................
Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases .............
Computer Charges ............... Real Estate Rentals ..............

29,059,199 5,736,773
175,045
325,000
261,455 351,225 6,763,038 2,902,955

WEDNESDAY, JANUARY 23, 1985

243

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............... Health Planning Review Board Operations ............. Georgia Golf Hall of Fame Operations.............. Total Positions Budgeted-- July 1, 1984 Total Positions Budgeted-- June 30, 1985 Authorized Motor Vehicles

$ 470,439

$ 305,425

$ 15,991,318

$

30,263

$

11,552

$ 1,060,000

$ 1,981,700

$ 7,505,000

$ 850,000

$ 837,220 $ 29,441,872 $ 7,517,830

$ 608,800

$

65,810

$

20,000

1,057

1,042 286

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.

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 39,163,819 2,125,863 33,635,965 4,385,517 79,760,845

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JOURNAL OF THE SENATE

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 finan cial audit of the Department of Administrative Services.

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

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

--0--

Georgia Building Authority Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Authority Lease Rentals .................. $ Utilities................................. $ Payments to DOAS for
General Obligation Debt Sinking Fund .......................... $ Facilities Renovations and Repairs ........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

13,073,220 3,017,000
4,000 8,000 22,000 92,720 --0-- 43,737 70,900 113,000 7,505,000 829,600 6,512,000
1,060,000
--0-- 32,351,177
--0-- 518 39

The expenditure object amounts displayed above represent 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.

WEDNESDAY, JANUARY 23, 1985

245

Section 11. Department of Agriculture.
A. Budget Unit: Department of Agriculture.
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. ................ Capital Outlay....................... Contract--Federation of Southern Cooperatives .............. Total Funds Budgeted ................ State Funds Budgeted ................ Total Positions Budgeted Authorized Motor Vehicles

$ 24,231,009
21,087,346 2,162,436
825,850 473,868 566,760 108,318 165,063 598,257 332,409 265,272 526,000
$ 1,595,588
1,191,357 510,000 58,000 40,000 95,000
286,000
275,000
100,000
60,000 31,322,524 24,231,009
903 271

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Agriculture Functional Budgets

Plant Industry ...... Animal Industry ... Marketing.......... General Field Forces.

Total Funds $ 4,660,870 $ 5,069,313 $ 1,472,143 $ 2,630,597

State Funds

Pos.

$ 4,096,633

171

$ 4,718,434

57

$ 1,459,143

41

$ 2,630,597

107

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Internal Administration . $ 2,922,540

$ 2,852,056

55

Information and Education $ 1,198,719

$ 1,198,719

8

Fuel and Measures ...... $ 1,954,963

$ 1,950,963

71

Consumer Services ...... $ 871,368

$ 871,368

27

Consumer Protection Field Forces .......... $ 4,021,839

$ 3,149,322

130

Meat Inspection ......... $ 3,358,608

$ 1,339,265

122

Major Markets ......... $ Seed Technology ........ $ Undistributed ........... $ Total .................. $

3,278,359 226,751 (343,546)
31,322,524

$$

263,305 -- 0--

106 8

$$

(298,796) 24,231,009

0 903

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.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).
It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers.
Provided however, of the above appropriated amount, $25,000 is designated and committed for 'onfarm' testing for brucellosis in cattle to be transported out of Georgia.
Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for ex port swine and cattle only, which fees shall be reasonable.
B. Budget Unit: Georgia Agrirama Development Authority. ................. $
Georgia Agrirama Development Authority Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

--0--
482,110 110,093
6,903 20,030 7,964 4,015

WEDNESDAY, JANUARY 23, 1985

247

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Goods for Resale......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 6,900 28,800 --0-- 95,010 761,825 --0--
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

3,897,676
3,102,489 137,610 275,000 61,350 13,830 7,100 116,059 143,200 39,038 2,000
3,897,676 3,897,676
102 21

The expenditure object amounts displayed above represent the budget unit object totals.

Section 13. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs ..................... $
State Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

5,716,697
3,969,824 146,310 185,150 ---0-- 62,400 950

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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

25,000 255,708 99,948 54,021,040
--0--
1,282,500 707,480
91,027
36,000,000
1,000,000 100,000 155,000
$ 350,000 $ 98,452,337 $ 5,716,697
118 7

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Community Affairs Functional Budgets

Total Funds
Executive and Administrative ........ $ 3,242,139
Technical Assistance .... $ 2,063,749 Community and Economic
Development.......... $ 37,336,684 Intergovernmental
Assistance............ $ 875,025 Job Training
Partnership Act ...... $ 55,000,000 Undistributed........... $ (65,260) Total ..................$ 98,452,337

State Funds

Pos.

$ 3,168,739

18

$ 979,149

26

$ 940,238

30

$ 673,268

17

$

--0--

27

$ (44,697)

0

$ 5,716,697

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.

WEDNESDAY, JANUARY 23, 1985

249

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

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

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 --0-- 9,500 --0-- 20,000 15,000 7,000 70,000
350,000 --0-- 4

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Rental Assistance Payments ............... $ Grants to Housing Sponsors ............... $ Total Funds Budgeted .................... $

2,017,630 238,466 77,814 51,800 67,224 39,925 52,799 154,031 81,652 287,774
11,000,000 500,000
14,569,115

250

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

--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 ........ $ Publications 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

7,030,540
6,076,054 308,957 174,500 70,000 125,866 46,918 313,020 469,325 114,377 42,250
7,741,267 7,030,540
249 57

The expenditure object amounts displayed above represent the budget unit object totals.

Office of Comptroller General Functional Budgets

Total Funds Internal Administration . . $ 1,065,359 Insurance Regulation .... $ 1,939,914 Industrial Loans
Regulation ........... $ 479,296 Information and
Enforcement.......... $ 1,331,745 Fire Safety and Mobile
Home Regulations .....$ 3,025,778 Undistributed ........... $ (100,825) Total .................. $ 7,741,267

State Funds

Pos.

$ 1,065,359

20

$ 1,833,920

56

$ 479,296

13

$ 1,331,745

45

$ 2,412,358

115

$ (92,138)

0

$ 7,030,540 249

Section 15. Department of Defense.
Budget Unit: Department of Defense........ $
1. Office of the Adjutant General Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $

3,932,464
870,732 16,015

WEDNESDAY, JANUARY 23, 1985
Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Grants to Locals--
EMA (P&A) .................. 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 ............. Grants to Others ................. 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

251
6,948 9,800 3,450
2,059 10,000
1,075,000 2,004,804
787,656 22
1,080,139 105,216 37,953
22,806 15,100 9,581 6,160 43,393 80,500 24,100 40,000
64,473 32,800 1,562,221 545,016
39
1,437,670 297,092 300
784,860
2,520,522 320,109 68

252

JOURNAL OF THE SENATE

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......................... Grants to locals--
EMA (P&A) .................. National Guard Units Grants ...... Georgia Military Institute Grant . . Civil Air Patrol Contract.......... Capital Outlay................... Local Civil Defense Grants
Project Application ............. Grants to Others ................. Repairs and Renovations .......... Total Positions Budgeted Authorized Motor Vehicles

1,727,909 577,564 3,700 9,000 14,300 17,810
23,531 9,000 629,545
18,000 435,000 969,000 4,434,359 2,279,683
84
5,116,450 995,887 48,901 18,800 41,156 32,910 20,381 6,160 68,983 99,500
1,438,505
1,075,000 435,000 18,000 40,000
64,473 32,800 969,000
213 20

Section 16. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education ...... $1,651,300,555

WEDNESDAY, JANUARY 23, 1985

253

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.........................
APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a). Salaries of Instructional Personnel Code Section 20-2-152 ........................ Salaries of Instructional Personnel Code Section 20-2-153 ........................ Salaries of Student Supportive Personnel.............. Salaries of Administrative and Supervisory Personnel ....................... Special Education Leadership Personnel ............. Instructional Media................. Instructional Equipment............. Maintenance and Operation. ......... Sick and Personal Leave ............ Travel ............................ Pupil Transportation ................ Isolated Schools.................... Mid-Term Adjustment .............
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 . .

19,207,176 2,415,617
941,373
624,834 286,835 908,339 2,023,051 543,056 6,247,632 53,540
$ 684,970,695
$ 119,743,026
$ 29,438,121
$ 29,646,771
$ 78,551,099
$ 3,492,955 $ 20,269,194 $ 702,582
96,790,385 5,630,332 1,030,454 87,894,111
602,042 8,060,300

$ 98,876,322 $ 133,621,361
$ 22,688,125

$

95,075

$ 1,172,000

$ 17,530,409 $ 18,093,010

254

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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............ 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 .......

$ 94,136,740 $ 18,083,177

$

--0--

$ 800,000

$ 3,898,856

$ 4,233,967

$$

5,394,221 34,162,055

$ 67,738,986

$$

--0-- 2,493,647

$ 154,806

$$$

3,150,000 --0--
238,500

$ 7,000,000

$ 366,540 $ 3,564,404

$$ 4,780,493 4,008,314

$ 671,240

$$$

2,816,840 2,061,822 9,770,377

$ 39,819,623

$ 11,300,000

$ 7,807,000

$ 78,000,000
$ 350,000
$ 13,183,895
$ 13,000,000
$ 9,078,632 $1,934,213,957
$ 340,000 $1,651,300,555

WEDNESDAY, JANUARY 23, 1985

255

Total Positions Authorized

658

Authorized Motor Vehicles

6

The expenditure object amounts displayed above represent the budget unit object totals.

Educational Functional Budgets

Total Funds

Instructional Services .... $ 6,829,180

Governor's Honors

Program ............. $ 770,177

Vocational Education . $ 6,152,254

Public Library

Services.............. $ 1,826,954

State Administration. .... $ 1,947,379

Administrative Services . . $ 9,661,990

Planning and Development $ 5,388,996

Professional Standards

Commission .......... $

136,415

Vocational Advisory

Council .............. $

187,073

Professional Practices

Commission .......... $ 386,402

Local Programs ......... $1,887,939,204

Undistributed ........... $ 12,987,933

Total .................. $1,934,213,957

State Funds

Pos.

$ 3,958,009

168

$ 755,177

2

$ 2,245,403

98

$ 886,999

42

$ 1,488,002

31

$ 5,285,372

207

$ 4,487,877

97

$ 136,415

2

$

--0--

2

$ 386,402

7

$1,618,598,685

0

$ 13,072,214

2

$1,651,300,555 658

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 .................. $ 17,611,188

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

15,024,628 2,743,018
69,979 66,500 22,560 340,635 121,469 109,501 176,820 1,746,610 --0-- 20,421,720 17,611,188
679

256

JOURNAL OF THE SENATE

Authorized Motor Vehicles

80

The expenditure object amounts displayed above represent the budget unit object totals.

Institutions Functional Budgets

Total Funds

Georgia Academy for

the Blind.......... $ 3,767,839

Georgia School for

the Deaf .......... $ 6,112,096

Atlanta Area School

for the Deaf....... $ 2,816,934

North Georgia

Vocational-Technical

School ............ $ 4,365,908

South Georgia

Vocational-Technical

School ............... $ 3,450,613

Undistributed ........... $

(91,670)

Total .................. $ 20,421,720

State Funds

Pos.

$ 3,439,319

147

$ 5,783,582

233

$ 2,550,109

100

$ 3,159,754

106

2,760,760

93

(82,336)

0

17,611,188

679

C. Budget Unit: Board of Postsecondary Vocational Education ...................

361,737

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

332,651 73,419 13,200
7,000 9,900 18,000 47,158 12,000 105,000 618,328 361,737
9

The expenditure object amounts displayed above represent 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.

WEDNESDAY, JANUARY 23, 1985

257

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 (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-

258

JOURNAL OF THE SENATE

nance and Operation, Sick and Personal Leave and In structional Media, for all Special Education Teachers, payments shall not be made 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 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

WEDNESDAY, JANUARY 23, 1985

259

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.
Provided further that Special Project Funds appro priated for Atkinson County shall not be used in the enti tlement calculations for school construction purposes.

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 ............................ Benefits to Retirees .................. Employer Contribution ............... Total Funds Budgeted ............... State Funds Budgeted ............... Total Positions Budgeted Authorized Motor Vehicles

$ 10,467,714
671,838 13,623 8,500
20,000 4,500 146,447 74,046 12,318 436,800 50,000 2,125,000 8,342,714 11,905,786 10,467,714
28 1

260

JOURNAL OF THE SENATE

The expenditure object amounts displayed above represent the budget unit object totals.

Section 18. Forestry Commission.

Budget Unit: Forestry Commission ........ $ 25,014,550

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............ Contract--Southern Forestry World .............. Capital Outlay................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

19,385,020 4,454,053
110,780 1,336,392
85,000 1,745,381
158,825 18,256
538,817 89,879 230,000
300,000 60,000 147,790
151,500 28,811,693 25,014,550
864
751

The expenditure object amounts displayed above represent the budget unit object totals.

Forestry Commission Functional Budgets

Total Funds Reforestation .......... . $ 2,130,040 Field Services .......... . $ 25,164,119 Wood Energy ......... $ 147,790
General Administration and Support ......... . $ 1,674,943
Undistributed .......... . $ (305,199) Total ................. $ 28.811,693

State Funds

Pos.

$ 541,237

36

$ 22,937,983 794

$ 147,790

4

$ 1,659,543

30

$ (272,003)

0

$ 25,014,550 864

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.

WEDNESDAY, JANUARY 23, 1985

261

Section 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation $ 21,620,785

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

14,329,974 1,576,374
465,125 725,500
86,950 513,960 2,423,042 665,895 903,558 24,225 350,000 90,480 62,140 803,562 23,020,785 1,400,000 21,620,785
480 299

The expenditure object amounts displayed above represent the budget unit object totals.

Georgia Bureau of Investigation Functional Budgets

Total Funds Administration .......... $ 1,598,157 Drug Enforcement....... $ 3,883,230
Investigative ............ $ 8,205,658 Forensic Sciences........ $ 4,385,711 Georgia Crime Information
Center ............... $ 5,180,596 Undistributed ........... $ (232,567) Total .................. $ 23,020,785

State Funds

Pos.

$ 1,598,157

23

$ 3,883,230

64

$ 8,205,658 207

$ 4,385,711

90

$ 3,780,596

96

$ (232,567)

0

$ 21,620,785 480

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 ........................

931,052 39,670 10,000

262

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $
Computer Charges ....................... $ Real Estate Rentals ...................... $
Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $
State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 1,000 3,000
14,300 86,130
14,000 122,000 1,221,152 1,221,152
---0-- 25

The expenditure object amounts displayed above represent 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 ....................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $
Intern Stipends and Travel ................ $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

5,293,275
2,059,090 40,000
2,500,000 122,000
4,721,090 4,721,090

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.
2. Office of Fair Employment Practices Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $

421,044 40,651 10,815

WEDNESDAY, JANUARY 23, 1985

263

Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $
Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

2,650 26,000 --0-- 69,921 15,167
18,000 604,248 572,185
15

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

2,059,090 40,000
2,500,000 122,000 421,044 40,651 10,815 ---0-- 2,650 26,000 ---0-- 69,921 15,167 18,000 15 1

B. Budget Unit: Office of Planning and Budget............................ $ 3,787,917

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 ..................... $ State Fair and Livestock
Exposition............................. $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,895,679 87,830 65,600 --0-- 34,000 1,000 308,552 190,840 54,416
125,000 75,000 3,837,917 3,787,917
77 0

264

JOURNAL OF THE SENATE

The expenditure object amounts displayed above represent 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 .................... $

4,352,051
264,876 8,353 3,260
5,000
39,600 8,108 9,900 1,568,806 489,982 36,100 2,433,985 1,816,699
11
1,090,371 39,100 11,000 --0-- 6,000 9,020 20,684 155,822 98,047 4,000
1,434,044 1,434,044
42
322,889 17,680 17,700 ---0-- 22,639 1,000 --0-- --0-- 12,060
4,661,397 5,055,365
230,000

WEDNESDAY, JANUARY 23, 1985

265

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.................

113,041 9,540 1,500
5,000 14,802 2,549 7,050 162,182 162,182
3
308,285 9,205 3,000
700 2,000
15,000 20,828 5,865 75,500 440,383 440,383
10
194,865 11,200 8,575
28,768 4,241 15,700 267,984 267,984
5
$ 2,294,327

266

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 ............. $ Art Grants--State Funds.................. $ Art Grants--Federal Funds................ $ Art Grants--Donations ................... $ Total Positions Budgeted Authorized Motor Vehicles

95,078 45,035 ---0-- 47,674 12,020 40,684 259,820 130,870 4,773,547 1,568,806 489,982 36,100
80 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 represent the budget unit object totals.

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ...... $ 265,963,502

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 .....

26,192,735 1,049,963 767,135
201,810 122,394 1,293,386 3,235,169 623,565 9,495,126

WEDNESDAY, JANUARY 23, 1985

267

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

178,150 599,850 376,000 1,066,000
215,000 45,416,283
638,300 --0--
23,209,219
1,655,800 19,912,964
965 7

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office.... $ 581,421

Administrative Appeals. . . $ 837,762

Administrative Policy,

Coordination, and

Direction ............. $ 197,562

Personnel .............. $ 5,160,149

Support Services ........ $ 2,244,875

Systems Planning,

Development and

Training ............. $

55,925

EDP-Planning and

Coordination.......... $ 285,949

Indirect Cost ........... $

Facilities Managements . . $ 3,723,585

Community/

Intergovernmental AffairsS 751,090

Budget Administration ... $ 1,416,787

Accounting Services ..... $ 3,513,094

Auditing Services ....... $ 1,674,501

Special Projects ......... $ 281,900

Children and Youth

Planning ............. $ 165,690

Troubled Children Benefits $ 1,442,000

Developmental Disabilities $ 248,969

Council on Maternal

and Infant Health ..... $ 103,187

Council on Family

Planning ............. $

6,400

Community Services ..... $ 8,918,846

Regulatory Services--

Program Direction and

Support .............. $ 288,423

Child Care Licensing .... $ 1,479,817

Laboratory Improvement . $ 578,254

State Funds

Pos.

$ 581,421

13

$ 837,762

25

197,562

4

5,101,749

47

1,969,297

60

55,925

$ 85,959

0

$ (5,366,124)

0

$ 2,749,642

11

$ 751,090

20

$ 1,416,787

43

$ 3,513,094 150

$ 1,674,501

47

$ 281,900

0

$ 165,690

4

$ 1,442,000

0

$

-- 0--

6

$ 103,187

3

$

640

0

$

12

288,423

1,447,817

53

448,209

17

268

JOURNAL OF THE SENATE

Health Care Facilities Regulation ........... $
Compliance Monitoring .. $ Radiological Health ..... $ Fraud and Abuse. ....... $ Child Support Recovery . . $
Undistributed ........... $ Total .................. $

1,876,906 301,370 601,718
1,831,932 7,132,826 (284,655) 45,416,283

$ 598,091

54

$ 301,370

9

$ 452,187

21

$ 224,068

53

$ 770,509 301

$ (179,782)

0

$ 19,912,964 965

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

27,909,996 44,384,406
923,464 9,332
279,836 102,130 350,818 515,341 464,093 12,897,251
--0-- 78,621 517,572
3,879,000 175,000
4,354,000 614,000
2,105,400
100,000
3,994,000
42,000
115,000
78,000 38,695,308
210,000
115,000 301,530
250,000
45,000

WEDNESDAY, JANUARY 23, 1985

269

Contract--Macon-Bibb County

Hospital Authority ................ ..... $ 5,500,000

Total Funds Budgeted .............. ..... $ 149,006,098

Indirect DOAS Services Funding ...... ..... $ 549,718

Agency Funds ..................... ...... $ 71,061,283

State Funds Budgeted .............. ..... $ 77,395,097

Total Positions Budgeted

1,072

Authorized Motor Vehicles

6

Public Health Functional Budgets

Total Funds Director's Office. ........ $ 532,978 Employee's Health ...... $ 267,240 Health Program
Management ......... $ 796,725
Vital Records........... $ 1,224,642 Health Services Research . $ 512,646 Primary Health Care .... $ 525,152 Stroke and Heart Attack
Prevention ............ $ 1,579,391 Epidemiology ........... $ 816,661 Immunization ........... $ 374,683
Sexually Transmitted Diseases ............. $ 1,346,653
Community Tuberculosis Center............... $ 1,191,334
Family Health Management ......... $ 6,178,537
Infant and Child Health . $ 5,429,661 Maternal Health-Perinatal $ 246,397 Family Planning ........ $ 7,781,956 Malnutrition ............ $ 47,804,676 Dental Health .......... $ 1,304,686
Children's Medical Services. ............. $ 7,061,156
Chronic Disease ......... $ 1,601,724 Diabetes ............... $ 389,823
Cancer Control ......... $ 2,864,716 Coordination, Education
and Prevention ........ $ 345,075
Environmental Health .... $ 873,390 Laboratory Services ...... $ 4,091,204 Emergency Health ....... $ 2,052,683 Minimum Foundation .... $ 7,411,081 Newborn Follow Up Care $ 507,012 Sickle Cell, Vision,
and Hearing. ......... $ 720,114
High Risk Pregnant Women and Infants ... $ 4,510,808
Grant in Aid to Counties . $ 37,419,685 Teenage Pregnancy
Prevention ............ $ 250,000

State Funds

Pos.

$ 335,753

7

$ 232,240

9

$ 711,725

77

$ 1,202,142

60

$ 289,828

12

$ 525,152

15

$ 1,049,391

?4

$ 466,557

12

10

$ 308,854

33

$ 1,075,114

77

$ 977,021

22

$ 5,312,161

14

5

$ 2,964,720

185

$

-- 0--

28

$ 1,094,511

90

$ 4,306,156

87

$ 1,601,724

70

$ 303,334

4

$ 2,864,716

6

6

$ 334,618

8

$ 3,411,756 $ 992,183

12->17

$ 7,281,406

189

$ 324,062

22

$ 720,114

15

$ 4,510,808

19

$ 34,808,689

0

$ 250,000

0

270

JOURNAL OF THE SENATE

Community Care........ $ 1,079,901 Undistributed ............$ (86,292) Total .................. $ 149,006,098

$ 455,376

43

$ (1,315,014)

0

$ 77,395,097 1,072

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

4,191,946 113,640 123,000 --0-- 40,200 2,669
1,545,957 --0--
240,223 191,000
--0-- 1,060
70,000 6,519,695
15,000 1,000,197
449,354 5,055,144
127

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration......... $ 3,991,549

MH/MR Advisory Council $

36,036

Special Projects

and Contracts......... $

52,233

Program Coordination... $ 2,509,438

Undistributed ........... $ (69,561)

Total .................. $ 6,519,695

State Funds

Pos.

$ 2,850,213

63

$ 36,036

1

$

--0--

2

$ 2,235,037

61

$ (66,142)

0

$ 5,055,144

127

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

--0-- 21,902,241
--0-- --0--

WEDNESDAY, JANUARY 23, 1985

271

W.I.N. Benefits .......................... $ Benefits for Child Care ................... $ Total Funds Budgeted .................... $ Agency Funds ........................... $ Social Services
Block Grant Funds ..................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

479,964 16,280,960 38,663,165 9,309,544
15,065,140 14,288,481
0 111

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits . . $ 479,964

Legal Services .......... $ 475,000

Family Foster Care..... $ 11,853,000

Institutional Foster Care . $ 1,759,800

Specialized Foster Care . . $ 317,793

Adoption Supplement .... $ 683,000

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,400

Day Care ..............$ 18,624,003

Psychiatric, Psychological

and Speech Therapy ... $ 130,000

Maternity Care ......... $

50,000

Return of

Runaways--County.... $

7,000

Home

Management--Contracts $ 161,912

Outreach--Contracts .... $ 670,885

Special Projects ......... $

37,000

Undistributed ........... $ 3,298,408

Total .................. $ 38,663,165

State Funds

Pos.

$ 47,996

0

$ 250,000

0

$ 7,616,530

0

$ 960,890

0

$ 23,500

0

$ 631,200

0

$ 16,000

0

$ 99,400

0

$ 3,068,851

0

$ 130,000

0

$ 50,000

0

$

7,000

$ 33,728 $ 167,721
$ 37,000 $ 1,148,665 $ 14,288,481

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

1,216,928 27,855 27,965 --0-- 6,050 1,693 60,000 --0-- 29,795 28,500
1,398,786

272

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

1,398,786 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

1,747,219 38,294 52,275 --0-- 26,000 6,546 800 11,467 44,162
22,929,371 --0--
2,938,465 1,700
27,796,299
2,998,100 18,888,022 5,910,177
61 224

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning ............. $ 2,825,524

Aging Services.......... $ 20,989,600

Alternative Health Services $ 3,907,512

Undistributed ........... $

73,663

Total .................. $ 27,796,299

State Funds

Pos.

$ 745,591

42

$ 1,822,900

0

$ 3,264,445

19

$ 77,241

0

$ 5,910,177

61

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 .................................$ Institutional Repairs
and Maintenance ....................... $

21,609,831 1,064,849 543,900 14,500 59,100 17,067 750,763 936,029 554,082 727,272 212,300 87,900
155,000

WEDNESDAY, JANUARY 23, 1985

273

Grants for Nephrology Centers.

Contract with Vocational

Rehabilitation Community

Facilities .

.......... $

Contract for ipilepsy ........... .......... $

Case Services.

.......... $

E.S.R.P. Case Services .......... .......... $

Contract with the Affirmative

Industries ........................ .. $

Contract with

RCW Industries, Inc. .............. .. $

Total Funds Budgeted .............. .. $

Indirect DOAS Services Funding ...... .. $

Agency Funds ...................... . . $

State Funds Budgeted ...............

Total Positions Budgeted

Authorized Motor Vehicles

230,000
4,125,000 65,000
9,202,500 75,000
110,000
143,000 40,683,093
50,000 29,884,259 10,748,834
806
24

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

and Support ..........

2,514,709

Grants Management ....

545,484

Atlanta Rehabilitation

Center ...............

1,938,455

Alto Rehabilitation Center

290,619

Rehabilitation Center for

the Deaf--Cave Spring

425,142

Central Rehabilitation

Center ...............

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

District Field Services. . . . $ 27,092,100

Independent Living ...... $ 232,069

Sheltered Employment . . . S 988,720

Community Facilities .... $ 3,685,000

Bobby Dodd Workshop. . . $ 325,000

Undistributed ........... $

(74,472)

Total .................. $ 40,683,093

State Funds

Pos.

$ 942,720

50

$ 454,214

2

$ 431,955

70

$ 66,227

10

$ 94,662

16

$ 118,114

19

$ 88,445

17

$ 79,565

13

$ 38,020

6

$ 95,757

17

$

--0--

0

$ 6,542,747 564

$ 232,069

7

$ 479,500

15

$ 3,685,000

0

$ 325,000

0

$ (2,925,161)

0

$ 10,748,834 806

Roosevelt Warm Springs Rehabilitation Institute:

Personal Services.......... Regular Operating Expenses

9,065,059 1,573,400

274

JOURNAL OF THE SENATE

Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. S 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

46,000 39,400 15,000 128,132 61,000 --0-- 164,485 1,109,900 475,000 13,000 25,000 --0-- --0-- 12,715,376 50,000 8,941,109 3,724,267
434 24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds Administration.......... $ 4,983,142 Rehabilitation Services ...$ 7,884,007 Undistributed ........... $ (151,773) Total .................. $ 12,715,376

State Funds

Pos.

$ 2,409,578

145

$ 1,466,462 289

$ (151,773)

0

$ 3,724,267 434

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

3,681,262 5,175,048
16,500 --0-- 6,300 95,000 63,696 --0-- 26,900 96,950 112,200 5,200 --0-- 9,279,056 8,846,694 432,362
29 14

WEDNESDAY, JANUARY 23, 1985

275

Georgia Factory for the Blind Functional Budgets

Operations . . Supervision . . Undistributed Total .......

Total Funds

$ 8,846,694

$ 439,568

$

(7,206)

$ 9,279,056

State Funds

Pos.

$

--0--

11

$ 439,568

18

$

(7,206)

0

$ 432,362

29

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

10,194,033 207,813 29,700 --0-- 49,800
14,350
427,524 575,681 455,200 825,225
203,000 9,582,679 22,565,005 22,565,005
420

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......................... Postage ......................... AFDC Benefits .................. Local Services Benefits
Payments Grants ............... Grants to Counties for
Social Services................. SSI--Supplement Benefits ........ Grants to Fulton County for
24-hour Emergency Social Services....................... Homemaker Meals .............

$ 10,679,279 $ 15,299,773 $ 444,400

$ 792,380

$

7,200

$ 9,587,579

$ 191,895

$ 6,209,786

$ 956,225

$

12,200

$ 1,017,800

$ 201,965,797

$ 65,371,047

$ 50,006,142

$

3,500

197,042 102,038

276

JOURNAL OF THE SENATE

Chatham County Homemaker Project ......................
Douglas County Homemaker Project ......................
Fulton County Homemaker Project Total Funds Budgeted ........... Agency Funds .................. Indirect DOAS Services Funding . . Social Services
Block Grant Funds ............ State Funds Budgeted .......... Total Positions Budgeted

$ 481,755
$ 147,541 $ 312,123 $ 363,785,502 $ 215,779,580 $ 2,118,785
$ 18,789,747 $ 127,097,390
373

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits ........ $ 1,082,965

AFDC Payments ........ $ 208,591,526

SSI--Supplement

Benefits .............. $

3,500

Energy Benefits ......... $ 14,500,000

Local Services--Benefits

Payments Grants ...... $ 66,063,948

Grants to Counties

for Social Services ..... $ 49,192,009

Food Stamp Issuance ... $ 2,201,210

Grants to Fulton County

for 24-hour Emergency

Services .............. $ 200,000

Homemaker Projects ..... $ 1,047,606

Director's Office. ........ $ 513,815

Administration

and Management ...... $ 4,433,729

District Administration ... $ 3,674,252

Program Planning

and Development ...... $ 6,311,734

Management Information

Systems .............. $ 10,872,382

Child Development

Administration ........ $ 925,434

Indirect Cost ........... $

-- 0--

Undistributed ........... $ (5,828,608)

Total ................ $ 363,785,502

sc1"Jtate Funds

Pos.

_O_

0

$ 67,938,246

0

$

3,500

0

$

0

$ 32,955,266

0

$ 23,547,733

0

$

--0--

0

$ 200,000

0

$ 466,206

0

$ 513,815

7

$ 3,093,646

113

$ 3,674,252

101

$ 3,025,458

73

$ 4,231,918

52

$ 925,434

27

$ (7,335,270)

0

$ (6,142,814)

0

$ 127,097,390

373

Budget Unit Object Classes:

Personal Services .................... Regular Operating Expenses .......... Travel ............................. Motor Vehicle Equipment Purchases . . Publications and Printing ............. Equipment Purchases ................ Computer Charges .................

. $ 116,488,288

. $ 68,935,041

. $ 2,974,339

.$

63,232

$ 1,476,476

. $ 497,181

. $ 14,141,523

WEDNESDAY, JANUARY 23, 1985

277

Real Estate Rentals ...................... $ 5,465,582

Telecommunications ...................... $ 3,558,730

Per Diem, Fees and Contracts ............. $ 76,412,622

Utilities .................................$ 989,850

Postage ................................. $ 2,008,131

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 ................... $ 614,000

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.................. $ 38,695,308

Work Incentive Benefits ................... $ 479,964

Grants to Fulton County

for 24-hour Emergency

Social Services ......................... $ 197,042

Benefits for Child Care ................... $ 17,346,960

Homemaker Meals ....................... $ 102,038

Chatham County

Homemaker Project .................... $ 481,755

Douglas County

Homemaker Project .................... $ 147,541

Fulton County Homemaker Project ......... $ 312,123

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 .......................... $ 201,965,797

Local Services Benefits

Payments Grants ....................... $ 65,371,047

Grants to Counties for Social

Services ...............................$ 50,006,142

Contract with Vocational

Rehabilitation Community

Facilities .............................. $ 4,125,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Contract with the

Affirmative Industries ...................$ 110,000

Institutional Repairs

and Maintenance....................... $ 155,000

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

278

JOURNAL OF THE SENATE

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 ..................... $ Contract with
RCW Industries, Inc. ................... $ Grants to Counties for
Metabolic Disorders Screening and Testing .................. $ Payments to DMA ....................... $ Contract with Housing Alternatives ................... $ Contract with Auditory Educational Clinic...................... $ Total Positions Budgeted .................. $

115,000 376,000 215,000 250,000 115,000 5,500,000 143,000
45,000 2,938,465
70,000 78,000 4,325

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to oper ate the Hemophilia Program in Augusta.

Provided that no State funds shall be used for adver tising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than adver tising.

There is hereby appropriated $65,780,246 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

Standards of Need
$202 306 366 432

Maximum Monthly Amount
$115 174 208 245

WEDNESDAY, JANUARY 23, 1985

279

5

494

280

6

536

304

7

580

329

8

616

350

9

648

368

10

694

394

11

742

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 dards of need.
Provided, that of the above appropriation, $143,000 is designated and committed to operate the RCW Indus tries, Inc.
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-

280

JOURNAL OF THE SENATE

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 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

WEDNESDAY, JANUARY 23, 1985

281

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

562,564

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

688,463 40,184
5,000 2,600 --0-- 21,000 80,473 26,373 113,322 4,000 981,415 --0-- 418,851 562,564
21 0

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Positions Budgeted Authorized Motor Vehicles

688,463 40,184 5,000 2,600 --0-- 21,000 80,473 26,373 113,322 4,000
21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions. ................ $ 307,015,600

Departmental Operations:

Personal Services ......................... $ 248,535,328 Regular Operating Expenses ............... $ 27,696,038 Travel ..................................$ 581,787

282

JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases Publications and Printing......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Utilities......................... Postage ......................... Capital Outlay................... Institutional Repairs
and Maintenance............... Authority Lease Rentals .......... Grants to County-Owned
Detention Centers .............. Drug Abuse Contracts ............ Day Care Centers for the
Mentally Retarded ............. MR Day Care Center Motor
Vehicle Purchases ............. Supportive Living Staff ........... Supportive Living Benefits ......... Georgia State Foster
Grandparent/Senior Companion Program............ Community Mental Health Center Services ................ Project Rescue................... Project ARC .................... Project Friendship ................ Group Homes for Autistic Children............... Uniform Alcoholism Projects....... Child Care Benefits .............. Community Mental Retardation Staff. .............. Community Mental Retardation Residential Services ............ Lumpkin Area Individual Living, Inc..................... Total Funds Budgeted ............ Agency Funds ................... Indirect DOAS Services Funding . . . Social Services Block Grant Funds ............. State Funds Budgeted ............ Total Positions Budgeted
Authorized Motor Vehicles

$ 745,391

$

62,950

$ 1,916,200

$ 2,151,867

$ 470,497

$ 2,412,668

$ 3,314,864

$ 15,828,651

$ 213,951

$ 1,727,717

$ 781,000 $ 2,464,752

$ 2,100,020 $ 980,656

$ 54,419,338

$ 602,160 $ 1,482,178 $ 6,030,929

551,920
65,714,392 305,752 191,794 257,442
282,266 2,791,784
16,000
$ 3,444,921
$ 12,360,311
26,800 460,462,324 123,668,787
1,625,000
28,152,937 307,015,600
12,633/ 12,546 1,549

The expenditure object amounts displayed above represent the budget unit object totals.

WEDNESDAY, JANUARY 23, 1985

283

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta . . . $ 12,427,183 Georgia Regional
Hospital at Atlanta .... $ 16,108,458 Georgia Regional
Hospital at Savannah . . $ 12,833,131 West Central Georgia
Regional Hospital ... $ 10,764,268 Northwest Regional
Hospital at Rome ... $ 17,002,467 Gracewood State School
and Hospital ......... $ 35,472,776 Southwestern State
Hospital ............. $ 24,614,582 Georgia Retardation
Center ............... $ 23,237,061 Georgia Mental
Health Institute ....... $ 15,620,111

Central State Hospital . . . $ 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 . . . $ Community Mental
Retardation Staff. ..... $ Community Mental
Retardation
Residential Services .... $ Group Homes for
Autistic Children ...... $ Project Rescue .......... $ Drug Abuse Contracts . . . $ Project ARC ........... $ Project Friendship ....... $ Community Mental Health
Center Services ....... $ Uniform Alcoholism
Projects .............. $

94,860,254
6,310,694
1,175,712
1,796,648 124,451
1,342,680 55,021,498 7,513,107
551,920
3,444,921
12,360,311
282,266 305,752 980,656 191,794 257,442
65,714,392
2,791,784

State Funds $ 10,588,397 $ 12,849,611 $ 11,302,164 $ 8,945,667 $ 12,842,374 $ 21,738,271 $ 16,307,454 $ 13,812,871 $ 13,320,258 $ 68,119,212 $ 6,253,794 $ 1,175,712 $ 1,796,648 $ 124,451 $ 649,540 $ 22,004,899 $ 4,244,681

Pos.
502
637
509
420
674 1.546/ 1,532 1.104/ 1,081
880
533 3,862/
3,830
221
40
62 3
44
0 0

$ 551,920

0

$ 2,445,183

0

$ 7,875,366

0

$ 282,266

0

$ 142,752

0

$ 980,656

0

$ 191,794

0

$ 257,442

0

$ 29,747,440

0

$ 1,903,873

0

284

JOURNAL OF THE SENATE

Central Laboratory ..... $ Lumpkin Area Individual
Living, Inc............ $ State Youth
Development Centers . $ Regional Youth
Development Centers . $ Group Homes.......... $ Day Centers ............ $ Community Treatment
Centers ............. $ Court Services ......... $ Runaway Investigations . $ Interstate Compact ..... $ Purchase of Services ... $ Assessment and
Classification ........ $ Undistributed .......... $

269,075
26,800
18,079,882
12,439,945 514,015 700,544
1,964,719 6,570,721
401,908 82,811
1,939,511
209,000 (5,842,926)

Total ................. $ 460,462,324

$

--0--

6

$

26,800

0

$ 17,584,546

741

$ 12,176,977

416

$ 514,015

19

$ 700,544

24

1,964,719

74

6,570,721

260

401,908

15

82,811

3

1,865,026

17

$ 209,000

10

$ (5,536,163)

0

12.622/

$ 307,015,600 12,553

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 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.

WEDNESDAY, JANUARY 23, 1985

285

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 $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, not more than $25,000 is to be expended for administrative cost of the program.
Provided, however, the Department is authorized and directed to utilize $3,007,600 of available surplus and reserves of the Georgia Building Authority (Hospi-

286

JOURNAL OF THE SENATE

tal) to fund major maintenance and repairs and capital outlay projects at Atlanta Regional Hospital ($273,000), Georgia Retardation Center ($885,000), Gracewood State School and Hospital ($980,600), Georgia Mental Health Institute ($58,000), Augusta Regional Hospital ($700,000), and Southwestern State Hospital at Bainbridge ($111,000), and the Georgia Building Authority (Hospital) is authorized to make $3,007,600 of surplus and reserves available for the aforementioned purposes.
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............................ $ 11,973,876

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 .

$$$$$$$$$$

4,642,179
715,763 287,100
13,000 291,650 63,669 92,325 273,085 157,439
166,850

$$$

145,000
115,000 1,283,000

$ 2,735,000

6,144,392
50,000
25,000 50,000

WEDNESDAY, JANUARY 23, 1985

287

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

$

20,000

$ 1,448,000

$

51,500

$

25,000

$

12,500

$ 18,807,452

$ 11,973,876

194

21

The expenditure object amounts displayed above represent 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 $ 2,180,478 Internal Administration . . $ 12,009,244 International ............ $ 975,359 Advertising ............. $ 1,283,000 Undistributed ........... $ (74,417) Total .................. $ 18.807.452

State Funds

Pos.

$ 759,393

18

$ 462,867

14

$ 1,211,528

27

$ 2,080,478

93

$ 5,275,668

25

$ 975,359

17

$ 1,283,000

0

$ (74,417)

0

$ 11.973.876

194

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 .......

$

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

5,091,711 2,292,136
42,000
36,000 50,000 18,000
80,160 339,600
1,416,000

288

JOURNAL OF THE SENATE

Total Funds Budgeted ............ State Funds Budgeted ........... Total Positions Budgeted
2. Georgia Ports Authority Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Real Estate Rentals .............. Telecommunications .............. 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

9,365,607 --0-- 215
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

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 ....

30,002,889 10,949,387
520,728
656,000 154,919
2,654,560 520,856 109,343 413,416
1,672,340 7,233,576

WEDNESDAY, JANUARY 23, 1985

289

Other Debt-Service Payments Capital Outlay--Internal
Operations .............. Atlanta Convention and
Visitors Bureau .......... Total Positions Budgeted Authorized Motor Vehicles

. $ 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

$ 4,072,137

$ 56,476,682

$$

2,621,887 1,224,177

$

9,600

$$$$$

17,480 561,648 1,781,077 1,676,280 1,203,688

$$$$$

50,000 1,557,892
202,839
67,383,250 4,072,137

1,930

7

The expenditure object amounts displayed above represent 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
$ 848,073 $ 52,423,954 $ 3,741,542 $ 1,229,387 $ 7,691,093 $ 2,282,083 $ (832,882) $ 67,383,250

State Funds

Pos.

$ 848,073

28

$ 808,000 1,495

$ 182,489

82

$

--0--

47

$

-- 0--

200

$ 2,282,083

78

$ (48,508)

0

$ 4,072,137 1,930

Section 26. Department of Law. Budget Unit: Department of Law.

. . $ 5,207,165

290

JOURNAL OF THE SENATE

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

4,601,815 263,808 116,000
33,500 10,600 68,392 314,607 98,243 36,500 60,000
5,603,465 5,207,165
119 1

The expenditure object amounts displayed above represent 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 ............ $ 230,404,700

Departmental Operations Budget:

Personal Services ......................... $ 6,087,911

Regular Operating Expenses ............... $ 329,027

Travel ..................................$ 118,725

Motor Vehicle Equipment Purchases ........ $

---0--

Publications and Printing .................. $

94,100

Equipment Purchases ..................... $

18,670

Computer Charges ....................... $ 4,760,987

Real Estate Rentals ...................... $ 811,613

Telecommunications ...................... $ 194,806

Per Diem, Fees and Contracts ............. $ 10,564,538

Postage .................................$ 150,000

Medicaid Benefits ........................ $ 745,049,925

Payments to Counties for

Mental Health ......................... $ 10,385,150

Audits Contracts ......................... $ 841,500

Total Funds Budgeted .................... $ 779,406,952

State Funds Budgeted .................... $ 230,404,700

Total Positions Budgeted

225

Authorized Motor Vehicles

3

WEDNESDAY, JANUARY 23, 1985

291

The expenditure object amounts displayed above represent the budget unit object totals.

Medical Assistance Functional Budgets

Commissioner's Office. Program Management Administration ....... Operations ......... Program Integrity .... Benefits ............. Undistributed ........ Total ...............

Total Funds $ 645,747 S 12,220,608 $ 2,057,073 $ 6,041,591 $ 2,447,730 $ 754,059,002 $ 1,935,201 $ 779,406,952

State Funds

Pos.

$ 272,992

11

$ 1,576,403

46

$ 670,127

35

$ 1,511,768

49

$ 1,040,574

84

$ 225,229,071

0

$ 103,765

0

$ 230,404,700

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.
Provided, that of the above appropriation, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospi tals.
Provided, that it is the intent of this General Assem bly that the Department of Medical Assistance shall in crease the monthly income cap for institutionalized indi viduals eligible under a special income test to no less than $897.

Section 28. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration Agency Assessments .................... $

5,573,337

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 .................................$ Health Insurance Claim Payments .......... $

4,348,198 101,897 47,448 --0-- 155,316 27,816
1,409,800 573,145 114,945
17,475,729 143,360
181,950,000

292

JOURNAL OF THE SENATE

Total Funds Budgeted .................... $ 206,347,654

Agency Assessments ...................... $ 5,573,337

Employee and Employer

Contributions .......................... $ 200,740,618

Deferred Compensation ................... $

33,699

Total Positions Budgeted

172

Authorized Motor Vehicles

0

The expenditure object amounts displayed above represent the budget unit object totals.

Merit Systems Functional Budgets

Total Funds

State Funds

Pos.

Applicant Services....... $ 1,707,742

$

--0--

39

Classification and

Compensation......... $ 761,953

$

--0--

19

Program Evaluation and

Audit................ $ 584,548

$

--0--

13

Employee Training and

Development.......... $ 904,829

$

--0--

23

Health Insurance

Administration........ $ 6,334,982

$

--0--

36

Health Insurance Claims . $ 194,207,939

$

--0--

0

Internal Administration . . $ 918,623

$

--0--

34

Commissioner's Office.... $ 999,075

$

--0--

8

Undistributed ........... $

(72,037) $

--0--

0

Total .................. $ 206,347,654

$

--0--

172

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.
It is the intent of this General Assembly that the employer contribution rate for health insurance for the final four months of this state fiscal year shall not exceed one and one-fourth percent of salaries.

Section 29. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ............................. $ 52,756,891

WEDNESDAY, JANUARY 23, 1985

293

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 .......... $ Contract -- Corps of Engineers
(Tybee Beach Restoration) .............. $ Total Funds Budgeted .................... $ Receipts from Jekyll Island
State Park Authority ................... $ Receipts from Stone Mountain
Memorial Association ................... $ State Funds Budgeted .................... $ Total Positions Budgeted

2,433,464 162,169 19,500 8,800 180,500 8,000 155,310 165,527 71,869 105,005 89,586
900,000 75,000
1,369,000 5,743,730
53,750
328,500 5,361,480
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........................... $ 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

13,830,782 3,047,271
80,200 720,539
78,608 352,820 51,080 45,394 229,449 80,800 62,466 45,000
333,713
375,000 19,333,122
--0-- 16,252,355
478

3. Parks, Recreation and Historic Sites Budget:

Personal Services ......................... $ 9,641,848

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Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Capital Outlay........................... $ Capital Outlay -- Repairs
and Maintenance.................... $ Capital Outlay -- Shop Stock ............. $ Cost of Material for Resale................ $ Authority Lease Rentals .................. $ Land and Water Conservation
Grants ................................$ Recreation Grants ........................ $ Contract -- Special Olympics, Inc. ......... $ Georgia Sports Hall of Fame .............. $ Capital Outlay -- User Fee
Enhancements ......................... $ Technical Assistance Contract. ............. $ 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

3,682,967 77,978 333,700 98,355 265,595 17,000 130,765 245,120 62,202 57,600 405,000
964,000 300,000 1,025,000 1,157,000
1,400,000 480,000 186,000 50,000
1,457,663 125,000 40,000
126,192 60,000 100,000 22,488,985 --0-- 13,313,985
376

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 ..............

10,174,832 641,805 242,400 67,631 85,117 78,751 134,000 568,087 183,729 540,710 96,112
1,000,000 6,000,000
250,437
125,000

WEDNESDAY, JANUARY 23, 1985

295

Contract -- Georgia Rural Water Association ...................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

10,000 20,198,611 16,749,611
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

786,624 164,643 11,750 16,500 19,600 23,241
15,477 --0-- 20,236 18,500 9,639 20,000
33,250 1,139,460 1,079,460
25

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Land and Water Conservation
Grants ................................$ Recreation Grants ........................ $ Water and Sewer Grants .................. $ Solid Waste Grants ...................... $ Contract with U. S. Geological
Survey for Ground Water Resources Survey ...................... $ Contract with U. S. Geological Survey for Topographic Maps ............ $ Capital Outlay........................... $ Capital Outlay -- Repairs and Maintenance....................... $ Capital Outlay -- Shop Stock ............. $ Capital Outlay -- Heritage Trust .......... $

36,867,550 7,698,855
431,828 1,147,170
462,180 728,407 372,867 909,773 750,403 807,217 315,403
1,400,000 480,000
6,000,000 1,000,000
250,437
125,000 450,000
997,250 300,000 75,000

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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) . Contract -- Corps of Engineers (Tybee Beach Restoration) .... Grant -- Tybee Island .......... Advertising and Promotion ...... Total Positions Budgeted Authorized Motor Vehicles

1,157,000 1,025,000
900,000
186,000 50,000
375,000
1,457,663
20,000
333,713 125,000
10,000 40,000
126,192
1,369,000 60,000 100,000 1,273 1,027

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

WEDNESDAY, JANUARY 23, 1985

297

include repairs and maintenance of State Parks and His toric Sites facilities.

It is the intent of this General Assembly that no por tion of the above appropriation relating to Contract -- Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds.

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.................

$

1,800,000 902,000 7,300 56,500 57,000 138,400 16,500 42,200 45,000 434,600
3,134,332 2,062,910
46,020
63,050 125,080
300,000
53,750 5,832,452
165
4,934,332

298

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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

2,964,910 53,320 56,500 104,310 138,400 16,500
105,250 170,080 734,600
53,750
229 100

Section 30. Department of Offender Rehabilitation.

A. Budget Unit: Departmental Operations

$ 22,650,042

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 .................... $ Payments to Georgia
Correctional Industries .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

9,114,819 647,210 340,680 --0-- 53,600 43,290
1,085,997 989,593 311,398 944,655 44,000
6,867,500 253,000 350,800 550,000
690,000 50,000
400,000
558,000 23,295,042 22,650,042
336 92

WEDNESDAY, JANUARY 23, 1985

299

The expenditure object amounts displayed above represent the budget unit object totals.

Departmental Operations Functional Budgets

Total Funds General Administration
and Support .......... $ 8,349,960 Adult Facilities
and Programs. ........$ 13,780,541 Training and Staff
Development ..........$ 1,305,545 Undistributed ........... $ (141,004) Total .................. $ 23,295,042

State Funds

Pos.

$ 7,899,960

157

$ 13,585,541

150

$ 1,305,545

29

$ (141,004)

0

$ 22,650,042 336

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........................

$ 134,900,744

Institutional 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.......................... Payments to Central State
Hospital for Meals .............. Payments to Central State
Hospital for Utilities............. Inmate Release Funds ............. Health Service Purchases........... Payments to the Medical
Association of Georgia for Jail and Prison Health Care Certification ............... Authority Lease Rentals ...........

91,871,084 18,185,139
72,765 441,000
80,000 1,686,887
236,530 866,106 397,000 6,753,650
$ 2,296,600
$ 1,181,700 $ 925,000 $ 9,419,464
40,480 440,000

300

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Capital Outlay........... Total Funds Budgeted .... State Funds Budgeted ... Total Positions Budgeted Authorized Motor Vehicles

1,830,340
136,723,745 134,900,744
4,605 374

The expenditure object amounts displayed above represent the budget unit object totals.

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

Georgia Training and

Development Center . . . $ 1,789,278

Georgia Industrial

Institute ............. $ 7,093,902

Alto Education and

Evaluation Center ..... $ 1,606,117

Georgia Diagnostic and

Classification Center . . . $ 7,644,357

Georgia State Prison ..... $ 18,943,142

Consolidated Branches . . . $ 12,348,487

Middle Georgia

Correctional Institution . $ 17,587,468

Jack T. Rutledge

Correctional Institution . $ 3,601,025

Central Correctional

Institution ............ $ 3,037,894

Metro Correctional

Institution ............ $ 3,926,441

Coastal Correctional

Institution ............ $ 3,950,309

Central Funds .......... $ 11,101,801

D.O.T. Work Details . $ 640,848

Food Processing and

Distribution .......... $ 11,422,585

Farm Operations ........ $ 4,754,074

Dodge Correctional

Institution ............ $ 3,050,573

Transitional Centers ..... $ 3,237,801

Augusta Correctional and

Medical Institution .... $ 5,214,340

Health Care

....... $ 17,273,207

Undistributed ........... $ (1,499,904)

Total .................. $ 136,723,745

State Funds

$ 1,789,278

$ 7,093,902

$ 1,326,516

$ 7,644,357 $ 18,943,142 $ 12,222,447

$ 17,587,468

$ 3,601,025

$ 3,037,894

$ 3,926,441

$ 3,898,469

$ 11,101,801

$

--0--

$ 10,721,121 $ 4,710,074

$ 3,050,573 $ 3,237,801

$ 5,214,340 $ 17,273,207 $ (1,479,112) $ 134,900,744

Pos.
68
295
48
321 860 516
796
151
133
174
174 3 32
205 37
143 117
251 281
0 4,605

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, JANUARY 23, 1985

301

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 prisoners' 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

11,514,918
9,318,294 262,988 384,118 46,350 34,880 100,852 178,782 632,011 284,552 46,091 226,000
11,514,918 11,514,918
424 27

The expenditure object amounts displayed above represent 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 .................... $

--0--
2,099,461 648,225 50,000 79,400 9,100 578,000 30,863 95,000 62,750 320,900
6,060,000
84,000 45,000 10,162,699 ---0--

302

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Total Positions Budgeted

83

Authorized Motor Vehicles

19

The expenditure object amounts displayed above represent the budget unit object totals.

E. Budget Unit: Probation Field Operations ............................ $ 27,255,875

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

21,792,532 472,408 462,675 --0-- 60,200 137,466 --0-- 396,084 303,530 6,272 9,100
23,640,267 21,707,553
937

2. Diversion Centers Budget:

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

3,999,996 301,720 21,910
291,156 54,220 257,500 --0-- 1,276,000 6,237,902 5,548,322
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 ...................... $

25,792,528 774,128 484,585 --0-- 60,200 172,866 --0-- 687,240

WEDNESDAY, JANUARY 23, 1985

303

Telecommunications ...................... $ Utilities .................................$
Per Diem, Fees and Contracts .............$ Capital Outlay........................... $ Total Positions Budgeted
Authorized Motor Vehicles

357,750 263,772
9,100 1,276,000
1,133
95

Section 31. Department of Public Safety.

Budget Unit: Department of Public Safety ................................$ 59,001,139

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 .................................$ Highway Safety Grants ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

307,663 23,311 9,200 --0-- 20,500 --0-- 11,900 5,600 11,800 6,000 3,500 3,877,545 4,277,019 186,738
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

4,585,872 1,029,408
66,000 --0-- 36,000 35,000 --0-- --0-- 118,425 30,303 22,000 5,923,008 --0-- 5,889,841
170

3. Driver Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

6,111,871 789,025 855 --0--

304

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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

182,475 170,058 2,241,515
4,800 98,900 2,275 583,000 200,000 --0--
816,000 11,200,774 1,500,000 9,700,774
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

28,104,096 4,712,967
43,445 4,100,000
232,525 620,500
2,207 386,400 64,147 36,000 37,000 38,339,287 150,000 38,189,287
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

740,840 77,800 30,000 9,000 17,900
702 70,000 48,500 18,800 13,500 5,550 1,939,285 2,971,877 2,971,877
25

WEDNESDAY, JANUARY 23, 1985
6. Police Academy:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
7. Fire Academy:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Georgia Firefighter Standards and Training Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .... ............. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted ................... $ Total Positions Budgeted

305
565,084 163,000 12,850
--0-- 9,500 7,400 16,000 --0-- 17,930 171,200 3,400 966,364 921,364
17
348,157 47,100 14,000 40,500 3,000 25,500 30,558 35,182 10,925 110,000 5,700 670,622 605,622
13
131,047 12,540 9,200 8,800 2,100 2,000 5,100 8,413 4,450 15,000 2,600 201,250 201,250
4

306

JOURNAL OF THE SENATE

9. Organized Crime Prevention Council Budget:

Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

132,061 16,337 9,500
2,950 29,0822
700 192,630 192,630
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

111,895 4,961 4,500
9,000 250
1,000 800
3,500
2,950 2,500
400

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 ................. $ Highway Safety Grants ................... $

41,138,586 6,876,449
199,550 4,167,300
506,250 862,160 2,375,873 108,202 673,530 444,007 662,850 200,000 1,939,285 816,000 3,877,545

WEDNESDAY, JANUARY 23, 1985
Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

307
37,000 1,545 1,099

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 ..................... $ 12,176,455

Departmental Operations Budget:

Payments to Employees' Retirement System ..................... $
Employer Contributions ................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $

176,455 12,000,000 12,176,455 12,176,455

The expenditure object amounts displayed above represent the budget unit object totals.

308

JOURNAL OF THE SENATE

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

5,012,870
3,528,754 194,018 105,173 64,700 10,000 21,500 125,019 213,700 94,085 732,500
5,089,449 5,012,870
119 26

The expenditure object amounts displayed above represent the budget unit object totals.

Public Service Commission Functional Budgets

Total Funds Administration.......... $ 935,739 Transportation .......... $ 1,892,132 Utilities................ $ 2,319,768 Undistributed........... $ (58,190) Total .................. $ 5,089,449

State Funds

Pos.

$ 934,739

19

$ 1,892,132

55

$ 2,243,198

45

$ (57,199)

0

$ 5,012,870

119

Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ........ $ 607,485,801
1. Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ 522,602,573 Sponsored Operations ................... $ 62,000,000
Operating Expenses: Educ., Gen., and Dept, Svcs.............. $ 139,856,084 Sponsored Operations ................... $ 68,000,000
Office of Minority Business Enterprise .................... $ 316,781
Special Desegregation Programs ............ $ 301,331 Research Consortium ..................... $ 3,500,000 Authority Lease Rentals .................. $ 15,538,000

WEDNESDAY, JANUARY 23, 1985

309

Total Funds Budgeted .................... $ 812,114,769

Less Agency Funds:

Departmental Income ..................... $ 17,500,000

Sponsored Income ........................ $ 130,000,000

Other Funds............................. $ 152,574,906

Auxiliary Income ........................ $

---0--

Indirect Communication Charges ........... $ 3,027,300

State Funds Budgeted .................... $ 509,012,563

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-

310

JOURNAL OF THE SENATE

mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limita tion. Provided, further, that revenue from sales and ser vices shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General As sembly that the \Vi% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2'/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Sub-Com mittees.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds....... .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ State Funds Budgeted .................... $

753,384 ---0--
272,900 --0--
1,026,284
--0-- --0-- 134,111 9,800 882,373
27
968,397 800,000
590,695 943,750 3,302,842
--0-- 1,743,750
407,788 1,151,304

WEDNESDAY, JANUARY 23, 1985

311

Total Positions Budgeted

35

4. Marine Institute Budget:

Personal Services: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Total Funds Budgeted ........

437,963 162,487
227,628 137,513 965,591

Less Agency Funds: Departmental Income ......... Sponsored Income ............ Other Funds................. State Funds Budgeted ...... Total Positions Budgeted

300,000
665,591 20

5. Georgia Tech Research Institute Budget:

Personal Services: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Agricultural Research......... Total Funds Budgeted ........

11,666,260 27,655,087
7,370,696 20,998,365
569,269 68,259,677

Less Agency Funds: Departmental Income Sponsored Income . . . Other Funds........

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

Indirect DOAS Services Funding ........... $

State Funds Budgeted . ............... $

Total Positions Budgeted

48,653,452 12,316,627
117,600 7,171,998
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

1,305,017
722,706 --0--
811,864 2,839,587

Less Agency Funds: Departmental Income . . Sponsored Income .....

312

JOURNAL OF THE SENATE

Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

1,345,825 12,200
1,481,562 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 .........

23,201,241 4,300,000
8,127,643 3,200,000
50,000 38,878,884

Less Agency Funds:

Departmental Income

... .. $

Sponsored Income . . .

... . . $

Other Funds........

$

Indirect DOAS Servic s Funding ...... ..... $

State Funds Budgeted ^. ......... ..... $

Total Positions Budgeted

--0--
7,500,000 6,854,745
95,900 24,428,239
869

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 .........

26,543,804 4,250,000
3,690,830 1,750,000 36,234,634

Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted

6,000,000 5,640,000
126,700
24,467,934 973

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 ..............

$ 59,111,096 $ 2,819,815
24,784,283 670,000
$ 1,500,000

WEDNESDAY, JANUARY 23, 1985

313

Total Funds Budgeted .................... $ 88,885,194

Less Agency Funds: Departmental Income .......... Sponsored Income .............
Other Funds.................. Board of Corrections .......... Indirect DOAS Services Funding State Funds Budgeted .........
Total Positions Budgeted

1,364,700 3,489,815
51,620,625 1,800,000 193,500
30,416,554 3,091

10. Veterinary Medicine Experiment Station Budget:

Personal Services:

Educ., Gen., and Dept. Svcs.. .

Sponsored Operations ........

Operating Expenses:

Educ., Gen., and I spt. Svcs. ....... ...... $

Sponsored OperationISs ............. ...... $

Agricultural Research. Fire Ant Research . .

....... $$

Total Funds Budgeted

...... $

1,105,717
619,157 --0--
470,777 192,398 2,388,049

Less Agency Funds: Departmental Income ........ Sponsored Income ........... Other Funds. ............... State Funds Budgeted ....... Total Positions Budgeted

2,388,049 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
1,044,740 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.

140,065

314

JOURNAL OF THE SENATE

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

... $

98,893
2,060,000 1,785,000
185,000 4,268,958 4,268,958
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 ................... $

150,000 1,188,525
780,206 408,319
32
280,953 940,213
532,975

WEDNESDAY, JANUARY 23, 1985

315

Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. State Funds Budgeted ......... Total Positions Budgeted
Budget Unit Object Classes:
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 Fire Ant Research ............ Agricultural Research. ........ Advanced Technology
Development Center ........ Capitation Contracts for
Family Practice Residency New Program Development
Contracts for Family Practice Residency .......... Residency Capitation Grants... Student Preceptorships ......... Research Consortium .......... Authority Lease Rentals ...... Capital Outlay -- ETMH Renovations ................ Capital Outlay -- GRTC Planning Funds ........... Total Positions Budgeted
B. Budget Unit: Regents Central Office
Regents Central Office Budget:
Personal Services................. Operating Expenses. ............. SREB Payments ................. Medical Scholarships ............. Regents Opportunity Grants ....... Regents Scholarships ............. Grants to Junior Colleges ....... Rental Payments to Georgia
Military College ............... Research Consortium ............. Total Funds Budgeted ............

$ 1,754,141
--0-- 1,473,188
280,953 48

$ 649,659,026 $ 102,927,602
$ 187,727,113 $ 96,232,603
$ 316,781 $ 301,331 $ 242,398 $ 1,040,046
$ 811,864
$ 2,060,000

1,785,000 185,000
3,500,000 15,538,000
$ 1,500,000
$ 150,000 22,716
$ 18,808,219

$$$

3,364,625 636,550
7,137,350

$ 526,250

$1$$

600,000 200,000 6,120,444

$ 223,000
tJt
$ 18,808,219

316

JOURNAL OF THE SENATE

State Funds Budgeted .................... $ 18,808,219

Total Positions Budgeted

100

Authorized Motor Vehicles

0

The expenditure object amounts displayed above represent 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, and 50 quarter credit hours shall be the equivalent of an EFT student for the purpose of calculating such payments.
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

4,705,868
3,298,951 ---0--
4,144,555 --0--
7,443,506

The expenditure object amounts displayed above represent the budget unit object totals.

Section 35. Department of Revenue.

Budget Unit: Department of Revenue ....... $ 44,112,520

Operations Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

27,187,901 846,751
1,173,794 204,715
1,575,068 464,247
8,004,424 1,391,149

WEDNESDAY, JANUARY 23, 1985

317

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
1,362,500
1,430,000 1,100,000
338,600 2,194,066 47,957,520 3,845,000 44,112,520
1,136 65

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Revenue Functional Budgets

Total Funds Departmental
Administration........ $ 3,078,664 Internal Administration .. $ 6,305,431 Field Services........... $ 10,587,797 Income Tax ............ $ 6,198,548 Motor Vehicle ..........$ 11,385,804 Central Audit........... $ 3,897,080 Property Tax ........... $ 3,403,357 Sales Tax .............. $ 3,528,549 Undistributed ........... $ (427,710) Total .................. $ 47,957,520

State Funds
$ 3,078,664 $ 6,305,431 $ 10,497,797 $ 4,483,316 $ 9,696,636 $ 3,897,080 $ 3,403,357 $ 3,177,949 $ (427,710) $ 44,112,520

Pos.
37 75 363 142 248 94 56 121 0 1,136

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases $1,100,000 is desig nated and committed for use in contracting with the De partment of Offender Rehabilitation for the production of at least 1,100,00 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 ..................................$

15,410,695 9,137,273 1,429,994
172,311

318

JOURNAL OF THE SENATE

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 .................... $ Total Positions Budgeted Authorized Motor Vehicles

172,952 344,200 210,712 492,460 1,745,245 281,864 488,245 800,000 272,939 15,548,195 15,410,695
364 72

The expenditure object amounts displayed above represent the budget unit object totals.

Secretary of State Functional Budgets

Total Funds

Internal Administration . . $ 1,608,279

Archives and Records ... $ 3,993,062

Corporations Regulation.. $ 1,433,492

Elections and Campaign

Disclosure ............ $ 1,428,300

Securities Regulation ... $ 971,203

Drugs and Narcotics .....$ 628,652

State Campaign and

Financial Disclosure ... $

131,369

Occupational Certification $ 5,498,576

Undistributed ........... $ (144,738)

Total .................. $ 15,548,195

State Funds

Pos.

$ 1,606,179

41

$ 3,893,062

91

$ 1,431,492

49

$ 1,427,900

15

$ 965,203

21

$ 628,652

15

$ 131,369

3

$ 5,471,576

129

$ (144,738)

0

$ 15,410,695

364

Occupational Certification Functional Budgets

Accounting .......... $ Architect ............ $ Athletic Trainers ... $ Auctioneers .......... $ Barbers.. ............ $ Chiropractic......... $ Construction Industry $ Cosmetology ......... $ Dentistry ............ $ Engineers........... $ Forestry ............. $ Funeral Service....... $ Geology ........... $ Hearing Aid ......... $

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

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

WEDNESDAY, JANUARY 23, 1985

319

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

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

$ 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.

987,065

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

606,499 103,828 12,500 27,000 26,000
5,150 71,288 37,800 18,000 80,000 988,065 987,065
28 12

The expenditure object amounts displayed above represent the budget unit object totals.

320

JOURNAL OF THE SENATE

Real Estate Commission Functional Budget

State Funds Real Estate Commission. . $ 987,065

Cost of

Operations

Pos.

$ 1,028,015

28

Section 37. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission ...............

$ 15,801,523

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 29,500 345,069 79,265 37,500 525,000
3,113,550 10,317,380 4,215,900
32,000
117,500 102,273
93,600 --0-- 21,731,871 15,801,523
97 1

The expenditure object amounts displayed above represent the budget unit object totals.

Georgia Student Finance Commission Functional Budgets

Total Funds Internal Administration . i 3,204,668 Higher Education
Assistance Corporation $ 525,000 Georgia Student Finance
Authority ............ $ 18,002,203 Total .................. $ 21,731,871

State Funds

Pos.

97

$ 150,000

$ 15,651,523

0

$ 15,801,523

97

WEDNESDAY, JANUARY 23, 1985
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 ca reer 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.
Section 38. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ................ $
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 .................... $

321
808,554 509,591 50,780 47,800
--0-- 24,425 4,226 3,000 31,423 13,973 134,161 819,379

322

JOURNAL OF THE SENATE

State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

808,554 19 1

The expenditure object amounts displayed above represent the budget unit object totals.

Section 39. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System . . $
Departmental Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ 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

2,538,000
1,757,730 68,794 22,250 --0-- 50,000 10,420 553,184 185,115 57,160 208,500 80,000
--0--
1,320,000
1,218,000 5,531,153 2,538,000
67 1

The expenditure object amounts displayed above represent the budget unit object totals.

Section 40. Department of Transportation.

Budget Unit: Department of Transportation . . $ 422,641,817

1. Planning and Construction Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$
Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $
Equipment Purchases ..................... $ Computer Charges ....................... $

71,742,911 4,784,460 1,083,800
--0-- 204,254
55,300 31,000

WEDNESDAY, JANUARY 23, 1985

323

Real Estate Rentals ......... Telecommunications ......... Per Diem, Fees and Contracts Capital Outlay.............. Geodetic Control ............ Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted

28,295 1,050,044 5,432,215 442,200,966
329,196 526,942,441 207,447,223
3,006

2. Maintenance and Betterments Budget:

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

63,215,609 38,806,433
369,580 --0-- 20,000 --0-- 13,000 810
180,000 1,039,175 50,150,000 153,794,607 149,884,825
3,564

3. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases ........ $ Equipment Purchases ..................... $ Capital Outlay........................... $ Computer Charges ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,000,000 2,239,987
53,515 350,000 3,643,502 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 .................. $

9,908,351 960,000 110,000 --0-- 560,000 --0--
1,126,067 1,056,209
300,232 234,897 24,452,289

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State of Georgia General Obligation Debt Sinking Fund ........... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

38,645,856 77,353,901 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 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 fis cal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Ad ministrative Services in the immediately preceding fiscal year and enter the full amount so determined on the

WEDNESDAY, JANUARY 23, 1985

325

records of the State as being the appropriation payable in lieu of the amount appropriated herein.
Provided, however, that objects for Activities fi nanced 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 in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to fi nance 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-

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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 ....................... $ Capital Outlay -- Paving State
and Local Schools and State Institutions .......................... $ Capital Outlay -- Paving State
Parks and Historic Sites............... $ Capital Outlay -- Off-System
Resurfacing ......................... $

329,196
750,000 500,000 5,319,211

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.

WEDNESDAY, JANUARY 23, 1985

327

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 or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Inter-Modal Transfer Facilities Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$

552,105 510,924
11,400 --0--
700 788,000
---0-- 1
6,373 400
--0-- 1,869,903 1,444,903
16
739,747 44,537 13,500

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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

21,276 611,800
700,000
1,000,000
150,000 4,748,688 8,054,038 3,500,717
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......................... $ 146,158,723 Regular Operating Expenses ............... $ 45,106,354 Travel ..................................$ 1,588,280 Motor Vehicle Equipment Purchases ........ $ 1,000,000 Publications and Printing .................. $ 808,054 Equipment Purchases ..................... $ 3,084,676 Computer Charges ....................... $ 1,520,067 Real Estate Rentals ...................... $ 1,085,316 Telecommunications ...................... $ 1,557,925 Per Diem, Fees and Contracts ............. $ 7,318,487 Capital Outlay........................... $ 492,404,481 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 ........... $ 38,645,856 Capital Outlay -- Airport
Operational Improvements .............. $ 1,000,000 Capital Outlay -- Airport
Approach Aid ......................... $ 150,000 Geodetic Control......................... $ 329,196

WEDNESDAY, JANUARY 23, 1985

329

Spoilage Area Acquisition Clearing and Preparation ................ $
Total Positions Budgeted Authorized Motor Vehicles

--0-- 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 0/2) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund partici pation. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Geor gia.
Provided, that $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.

Section 41. Department of Veterans Service.
Budget Unit: Department of Veterans Service ...............................$
Departmental Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $

13,205,345
3,417,612 46,027

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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 and Insurance ....... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

$

84,000

$

14,000

$$$$$$<cp

20,000 63,149
500 191,204
63,106 7,140

$

31,900

$ 8,397,783

$ 3,804,576

$ 144,117 $ 16,285,114 $ 13,205,345
142 1

The expenditure object amounts displayed above represent the budget unit object totals.

Veterans Service Functional Budgets

Total Funds

Veterans Assistance. ..... $ 3,946,343

Veterans Home and

Nursing Facility --

Milledgeville.......... $ 8,442,630

Veterans Nursing

Home -- Augusta ..... $ 3,835,310

Undistributed ........... $

60,831

Total .................. $ 16,285,114

State Funds

Pos.

$ 3,705,724

142

$ 6,705,922

0

$ 2,729,703

0

$ 63,996

0

$ 13,205,345

142

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

4,893,818
3,924,920 87,709 53,500 --0-- 57,600 7,250 180,338 433,539

WEDNESDAY, JANUARY 23, 1985

331

Telecommunications ......... Per Diem, Fees and Contracts Postage .................... Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted Authorized Motor Vehicles

80,062 32,400 61,500 4,918,818 4,893,818
144 1

The expenditure object amounts displayed above represent the budget unit object totals.

Workers' Compensation Board Functional Budgets

Total Funds

Administration .......... $ 4,519,104

Vocational Rehabilitation . $ 462,966

Undistributed ........... $

(63,252)

Total .................. $ 4,918,818

State Funds

Pos.

$ 4,494,104

129

$ 462,966

15

$ (63,252)

0

$ 4,893,818

144

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)...........

$ 104,599,155 $ 45,825,700

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the specific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in princi pal amount of General Obligation Debt:

Project
Talmadge Memorial Bridge Parking Deck - World
Congress Center Georgia Sports Hall of
Fame Georgia Ports Authority Georgia Public Safety
Training Center Chattooga County Prison Labor Department Office
Buildings Computer Upgrading

Principal Amount $ 26,000,000
$ 7,000,000
$ 5,500,000 $ 10,000,000
$ 17,710,000 $ 21,500,000
$ 5,000,000 $ 2,000,000

Debt Service $ 3,120,000
$ 1,820,000
$ 1,430,000 $ 2,600,000
$ 4,604,600 $ 5,592,600
$ 1,300,000 $ 520,000

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Records' Facility Central State Hospital -
Boone Building Center for Continuing
Education Building University of Georgia Asbestos Removal Projects Developmental Highway Construction (Appalachian-Corridor Z) Augusta Farmer's Market (Freezer) D.H.R. Office Facility Albany Ware County Prison Northwest Regional Hospital Renovations Water and Sewer Projects

$ 2,800,000 $ 4,600,000
$ 5,400,000 $ 10,000,000
$ 40,000,000 $ 900,000 $ 1,000,000 $ 19,000,000 $ 4,500,000 $ 30,000,000

Section 44. 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 $7,684,103 for the purpose of pro viding operating funds for the State physical health labo ratories ($135,000 -- Budget Unit 'A') and for State mental health/mental retardation institutions ($7,549,103 -- 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 45. It is the intent of this General Assem bly that appropriations to the object class 'Authority Lease Rentals' shall be used entirely for payment to debtsinking funds, and that no funds be withdrawn from debtsinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sink ing fund.
Section 46. 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

$ 728,000 $ 1,196,000
$ 1,410,500 $ 2,600,000
$ 4,800,000 $ 234,000 $ 260,000 $ 4,940,000 $ 1,170,000 $ 7,500,000

WEDNESDAY, JANUARY 23, 1985

333

credit card telephone calls, in order to mitigate the State's cost therefor.
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 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 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 experi enced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropria tions Committees of the Senate and House of Represent atives of the instances of noncompliance with the stated intent of this Section.
Section 49. 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 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 than 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 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

WEDNESDAY, JANUARY 23, 1985

335

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 object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
Section 56. 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

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(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. 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 58. 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 59. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1985 ................. $

4,352,327,675.

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."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The President resumed the Chair.

Senators Kennedy of the 4th, Holloway of the 12th, Allgood of the 22nd, Gillis of the 20th, Bryant of the 3rd, Stumbaugh of the 55th and Broun of the 46th offered the following amendment:

Amend the substitute to HB 1 offered by the Senate Committee on Appropriations by striking lines 15 through 17 on Page 85.

WEDNESDAY, JANUARY 23, 1985

337

On the adoption of the amendment, the yeas were 33, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 3, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

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

Langford McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Not voting were Senators English, Peevy and Turner.

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

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

Senator Starr of the 44th moved that HB 1 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 1 was immediately transmitted to the House.

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SB 10. By Senator Kidd of the 25th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, re lating to labor and industrial relations, so as to repeal the "Private Em ployment Agencies Act".

The Senate Committee on Governmental Operations offered the following substi tute to SB 10:

A BILL
To be entitled an Act to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to private employment agencies, so as to change the termination date of the State Employment Agency Advisory Council and the date of repeal of laws relating to such council; 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 34 of the Official Code of Georgia An notated, relating to private employment agencies, is amended by striking in its entirety Code Section 34-10-16, relating to the termination date of the State Employment Agency Advisory Council, and inserting in lieu thereof a new Code Section 34-10-16 to read as follows:
"34-10-16. For the purposes of Chapter 2 of Title 43, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Employment Agency Advisory Council shall be terminated on July 1, 1986, and this chapter and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 8, 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:

Albert

Allgood

Baldwin

WEDNESDAY, JANUARY 23, 1985

339

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

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

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Brantley Coverdell

Harrison Phillips Stumbaugh

Tolleson Tysinger

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 78. By Representatives Murphy of the 18th, Daugherty of the 33rd, Connell of the 87th 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 of ficials, so as to change the salaries of the members of the General Assembly.
Senate Sponsor: Senator Kennedy of the 4th.

The Senate Committee on Appropriations offered the following amendment:

Amend HB 78 by adding in the title on line 4 of Page 1, immediately following the words "to provide", the following:
"cost-of-living increases for members of the General Assembly; to provide".
By striking the quotation marks at the end of line 15 of Page 1 and adding between lines 15 and 16 the following:
"Provided, however, that after January 1, 1987, when employees of

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the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the Gen eral Assembly shall receive a cost-of-living increase of one-half the per centage applicable to such state employees."

On the adoption of the amendment, the yeas were 36, nays 10, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Bond Brannon Brown of 47th Bryant Burton Cobb Coleman Dawkins Dean English Engram

Fincher Garner Greene Harris Mine Holloway Horton Hudgins Muggins Kennedy Kidd Land

Langford McGill McKenzie Reddish Scott of 2nd Scott of 36th Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Brantley Broun of 46th

Coverdell Deal Foster Gillis Harrison Peevy

Perry Phillips Ray
Starr Stumbaugh Tolleson

Not voting were Senators Bowen and Howard.

On the passage of the bill, the yeas were 36, nays 18.

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

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341

Senator Kennedy of the 4th moved that HB 78 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 3; the motion prevailed, and HB 78 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 21. By Representatives Aaron of the 56th, Bishop of the 94th, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.

HB 30. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime.

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

HB 21. By Representatives Aaron of the 56th, Bishop of the 94th, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.
Referred to Committee on Judiciary.

HB 30. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting

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to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime.
Referred to Committee on Judiciary.

Senator Engram of the 34th introduced the doctor of the day, Dr. Arthur Evans, of College Park, Georgia.

The following general resolution of the Senate, having been read the third time on January 21 and postponed until January 23, was put upon its adoption:

SR 13. By Senators Coverdell of the 40th and Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to pro vide that the procedures for the suspension or removal of public officials from office upon indictment for a felony shall include indictment for a felony by a grand jury of the United States; to provide for the submission of this amendment for ratification or rejection.

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:

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

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

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

Not voting were Senators Bryant and Langford.

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343

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

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

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

Mr. President:

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

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

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

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1.

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

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HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

The Speaker has appointed on the part of the House, Representatives Burruss of the 20th, Phillips of the 120th and McDonald of the 12th.

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

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1 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 1.

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

Senators Starr of the 44th, Kennedy of the 4th and Holloway of the 12th.

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

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

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345

Senate Chamber, Atlanta, Georgia Thursday, January 24, 1985 Eleventh Legislative Day

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

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

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

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

Mr. President:

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

HB 15. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Moultrie in Colquitt County, so as to change the composition of the manner of election of the mayor and council of the city.

HB 95. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units authorized to issue such bonds; to provide for the al location of the state ceiling as imposed and authorized by federal law.

HB 144.

By Representatives Patten of the 149th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to pro vide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator.

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HB 160.

By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, re lating to conservation and natural resources, so as to provide that the commissioner of natural resources may delegate his power to serve on certain associations, authorities, committees, boards, or other bodies.

HB 168.

By Representatives Phillips of the 120th, Smyre of the 92nd and Bene field of the 72nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Manage ment Act," so as to change the definitions of the terms "hazardous waste" and "solid waste"; to define the terms "organization," "serious bodily injury," "hazardous constituent," and "land disposal"; to author ize the Board of Natural Resources to promulgate rules and regulations dealing with the use and disposition of hazardous waste.

HB 229.

By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th 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 of ficials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly.

HB 254.

By Representatives Reaves of the 147th, Walker of the 115th, Long of the 142nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly.

HB 271.

By Representatives Walker of the 115th, Reaves of the 147th, Smyre of the 92nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority.

HB 282.

By Representative Johnson of the 72nd:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," so as to change the defini tions of a nonfiscal retirement bill and a retirement bill having fiscal im pact; to change the provisions relating to the introduction of nonfiscal retirement bills in the General Assembly.

THURSDAY, JANUARY 24, 1985

347

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

HR 11. By Representatives Alien of the 127th, Hamilton of the 124th and Triplett of the 128th:
A resolution creating the House Teenage and Youth Unemployment Study Committee.

HR 21. By Representative Colbert of the 23rd:
A resolution authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge.

HR 52. By Representatives Argo of the 68th, Stancil of the 66th, Copelan of the 106th and others:
A resolution designating the Antebellum Trail.

HR 55. By Representatives Patten of the 149th, Hooks of the 116th, Dixon of the 151st and others:
A resolution designating the developmental highway, known as "Corridor Z," as the "Jimmy Carter Parkway."

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

SB 44. By Senator Bryant of the 3rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the gen eral election in 1968, which amendment created the Mclntosh County Industrial Development Authority.

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

SB 134. By Senator Hudgins of the 15th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to provide for the inapplicability of certain powers to boards of health of consoli dated city-county governments; to provide an effective date.
Referred to Committee on Human Resources.

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SB 135. By Senator Hudgins of the 15th:
A bill to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehi cles to persons evidencing ownership of such vehicles through certificates of title, tag receipts, bills of sale, or other such evidence.
Referred to Committee on Judiciary and Constitutional Law.

SB 136. By Senator Hudgins of the 15th:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to branch banks, offices, facili ties, and holding companies, so as to clarify the law relating to offices of non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations.
Referred to Committee on Banking and Finance.

SB 137. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-91 of the Official Code of Georgia Annotated, relating to orders and the enforcement thereof by the Depart ment of Banking and Finance, so as to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department.
Referred to Committee on Banking and Finance.

SB 138. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "en gaging in the business of selling or issuing checks".
Referred to Committee on Banking and Finance.

SB 139. By Senator Engram of the 34th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to authorize the use of prem ises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered as barbershops or beauty shops.
Referred to Committee on Human Resources.

SB 140. By Senators McKenzie of the 14th and Turner of the 8th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that

THURSDAY, JANUARY 24, 1985

349

the state revenue commissioner may destroy records relating to such property after a period of 20 years.
Referred to Committee on Banking and Finance.

SB 141. By Senator Cobb of the 28th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pike County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing.
Referred to Committee on Urban and County Affairs.

SB 142. By Senator Cobb of the 28th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing.
Referred to Committee on Urban and County Affairs.

SB 143. By Senators Coverdell of the 40th and Stumbaugh of the 55th:
A bill to amend Code Section 47-6-40 of the Official Code of Georgia Annotated, relating to membership in the Georgia Legislative Retire ment System, so as to provide that the Georgia Legislative Retirement System shall stand abolished on July 1, 1986, except as applied to those members of the General Assembly who are members of said retirement system on that date; to provide for other matters relative thereto; to pro vide an effective date.
Referred to Committee on Retirement.

SR 81. By Senators Coverdell of the 40th and Stumbaugh of the 55th:
A resolution relating to encouraging property and casualty insurers to develop automobile insurance policies rewarding young, safe drivers for not drinking and driving.
Referred to Committee on Insurance.

SR 82. By Senators Coverdell of the 40th and Trulock of the 10th:
A resolution providing for a study to achieve the consolidation of statelevel public retirement and pension systems. Referred to Committee on Rules.

SR 83. By Senators Greene of the 26th, Barnes of the 33rd and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to pro vide that a person convicted of murder and sentenced to life imprison ment shall not be eligible for parole before serving ten years in the peni-

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tentiary; to provide that when, as part of a guilty plea to murder, a person agrees not to seek release, he shall remain imprisoned for his nat ural life; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary and Constitutional Law.

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

HB 95. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units authorized to issue such bonds; to provide for the al location of the state ceiling as imposed and authorized by federal law.
Referred to Committee on Banking and Finance.

HB 144. By Representatives Patten of the 149th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to pro vide that the existing authority of each judicial circuit to employ a law clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator.
Referred to Committee on Judiciary.

HB 160. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, re lating to conservation and natural resources, so as to provide that the commissioner of natural resources may delegate his power to serve on certain associations, authorities, committees, boards, or other bodies.
Referred to Committee on Natural Resources.

HB 168. By Representatives Phillips of the 120th, Smyre of the 92nd and Bene field of the 72nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Manage ment Act," so as to change the definitions of the terms "hazardous waste" and "solid waste"; to define the terms "organization," "serious bodily injury," "hazardous constituent," and "land disposal"; to author ize the Board of Natural Resources to promulgate rules and regulations dealing with the use and disposition of hazardous waste.
Referred to Committee on Natural Resources.

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351

HB 229. By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th 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 of ficials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly.
Referred to Committee on Appropriations.

HB 254. By Representatives Reaves of the 147th, Walker of the 115th, Long of the 142nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly.
Referred to Committee on Agriculture.

HB 271. By Representatives Walker of the 115th, Reaves of the 147th, Smyre of the 92nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority.
Referred to Committee on Agriculture.

HB 282. By Representative Johnson of the 72nd:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement System Standards Law," so as to change the defini tions of a nonfiscal retirement bill and a retirement bill having a fiscal impact; to change the provisions relating to the introduction of nonfiscal retirement bills in the General Assembly.
Referred to Committee on Retirement.

HR 11. By Representatives Alien of the 127th, Hamilton of the 124th and Triplet! of the 128th:
A resolution creating the House Teenage and Youth Unemployment Study Committee.
Referred to Committee on Rules.

HR 21. By Representative Colbert of the 23rd:
A resolution authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge.
Referred to Committee on Transportation.

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HR 52. By Representatives Argo of the 68th, Stancil of the 66th, Copelan of the 106th and others:
A resolution designating the Antebellum Trail. Referred to Committee on Transportation.

HR 55. By Representatives Patten of the 149th, Hooks of the 116th, Dixon of the 151st and others:
A resolution designating the developmental highway, known as "Corridor Z," as the "Jimmy Carter Parkway".
Referred to Committee on Transportation.

HB 15. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Moultrie in Colquitt County, so as to change the composition of and the manner of election of the mayor and council of the city.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 43. Do pass. SB 68. Do pass. SB 72. Do pass by substitute. SB 73. Do pass.

SB 83. Do pass. SB 92. Do pass. SR 34. Do pass. SR 44. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Interstate Cooperation has had under consideration the follow ing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 18. Do pass.
Respectfully submitted,
Senator English of the 21st District, Chairman

THURSDAY, JANUARY 24, 1985

353

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 33. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County 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 116. SB 117. HB 278.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 6. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change certain procedures when a mentally ill, alco holic, or drug dependent person fails or refuses to comply with involun tary outpatient service plans.

SB 16. By Senators Barnes of the 33rd, Howard of the 42nd and Phillips of the 9th:
A bill to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

SB 17. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to pro-

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vide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court.

SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, re lating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and eld erly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and compo nents thereof to comply with certain standards.

SB 46. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that a notice of petition for probate in solemn form shall be served upon the beneficiaries under the will; to provide for all related matters; to provide for an effective date and for applicability.

SB 75. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposi tion of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determin ing the appropriate sentence.

SB 87. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide for postjudgment discovery in aid of judgments in the magistrate court.

SB 88. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court.

SB 105. By Senators Timmons of the 11th, Turner of the 8th, Trulock of the 10th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide that service in the General Assem-

THURSDAY, JANUARY 24, 1985

355

bly rendered after a certain date may be counted as full creditable ser vice only under the Georgia Legislative Retirement System.

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

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal Dean

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

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

Those not answering were Senators:

Brantley Burton

Fincher

Tate

Langford

The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:
OFFICE OF THE GOVERNOR Atlanta 30334
January 24, 1985
Honorable Zell Miller Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chambers 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 Gregory C. Ellison, C.P.A., of Fulton County as a member

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of the State Board of Accountancy, for the term of office beginning October 2, 1984 and ending June 30, 1985.
The following named persons as members of the State Board of Ac countancy, for terms beginning October 2, 1984 and ending June 30, 1988: Richard M. Stewart, C.P.A., of Lowndes County; Billy Griffis of Ware County; Judy N. Tabb of Fulton County; John R. Jones of Fulton County.
Honorable Oscar L. Harris of Fulton County as a member of the State Board of Architects, for the term of office beginning September 5, 1984 and ending March 5, 1988.
Honorable Merrill Elam, A.I.A., of Fulton County as a member of the State Board of Architects, for the term of office beginning September 5, 1984 and ending March 5, 1989.
Honorable Mary N. Long, R.N., of Fulton County as a member of the State Board of Architects, for the term of office beginning September 5, 1984 and ending July 1, 1989.
Honorable William H. McDonald of Cobb County as a member of the Georgia Board of Athletic Trainers, for the term of office beginning March 12, 1984 and ending January 31, 1990.
Honorable Peter A. DeSantis, Jr., of Thomas County as a member of the Georgia Auctioneers Commission, for the term of office beginning No vember 5, 1984 and ending August 14, 1988.
The following named persons as members of the Georgia Auctioneers Commission, for terms beginning November 5, 1984 and ending August 14, 1989: John E. Taylor, Sr., of Clarke County; J. Michael Loftin of Floyd County.
The following named persons as members of the Division of Low-volt age Contractors of the Construction Industry Licensing Board, for terms beginning July 25, 1984 and ending June 30, 1987: Dean C. Swanson of Habersham County; Hoyt L. Swaney of Clayton County; Terry W. Lewis of Bartow County; Charlie A. Oliver of Cobb County; Robert Van Stanford of Gwinnett County.
Honorable Edna K. West of DeKalb County as a member of the Geor gia State Board of Cosmetology, for the term of office beginning May 7, 1984 and ending May 1, 1987.
Honorable J. William Holden, Jr., D.D.S., of Columbia County as a member of the Georgia Board of Dentistry, for the term of office beginning May 14, 1984 and ending March 15, 1989.
Honorable Orange Weems of Fulton County as a member of the Geor gia Board of Dentistry, for the term of office beginning August 13, 1984 and ending June 30, 1986.
Honorable George W. Thomas, D.D.S., of Ware County as a member of the Georgia Board of Dentistry, for the term of office beginning August 13, 1984 and ending August 1, 1988.

THURSDAY, JANUARY 24, 1985

357

Honorable Paul E. Smith, D.D.S., of Polk County as a member of the Georgia Board of Dentistry, for the term of office beginning August 13, 1984 and ending March 15, 1989.
Honorable Charles L. Cooley, D.D.S., of DeKalb County as a member of the Georgia Board of Dentistry, for the term of office beginning Decem ber 4, 1984 and ending August 1, 1989.
The following named persons as members of the State Board of Educa tion, for terms beginning January 15, 1985 and ending January 1, 1992: Juanita Powell Baranco of DeKalb County; Bobby Carrell of Walton County; Larry A. Foster of Clayton County; Hollis Q. Lathem of Cherokee County.
Honorable Paul C. Rosser of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning March 15, 1984 and ending June 1, 1988.
Honorable Charlie Bonner Jones of Baldwin County as a member of the State Board of Registration for Foresters, for the term of office begin ning July 17, 1984 and ending March 19, 1989.
Honorable Arthur Carter of Bartow County as a member of the State Board of Registration for Foresters, for the term of office beginning October 3, 1984 and ending June 30, 1985.
Honorable William R. Lazenby of Hall County as a member of the State Board of Registration for Foresters, for the term of office beginning October 3, 1984 and ending March 19, 1986.
Honorable E. Bruce Adams of Fulton County as a member of the State Board of Funeral Service, for the term of office beginning June 13, 1984 and ending February 13, 1990.
Honorable Thomas E. Sapp of Richmond County as a member of the State Board of Funeral Service, for the term of office beginning June 13, 1984 and ending May 1, 1990.
Honorable Joe H. McKenzie, Jr., of Baldwin County as a member of the State Board of Registration for Professional Geologists, for the term of office beginning November 15, 1984 and ending November 24, 1987.
Honorable James W. Furlow of DeKalb County as a member of the State Board of Registration for Professional Geologists, for the term of of fice beginning January 3, 1985 and ending November 24, 1988.
Honorable Thomas J. Crawford of Carroll County as a member of the State Board of Registration for Professional Geologists, for the term of of fice beginning January 3, 1984 and ending November 24, 1989.
Honorable David Wesley Braziel, Jr., of Floyd County as a member of the Health Policy Council, for the term of office beginning April 24, 1984 and ending September 29, 1985.
Honorable David P. Willis of Cobb County as a member of the State

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Board of Hearing Aid Dealers and Dispensers, for the term of office begin ning March 15, 1984 and ending July 1, 1985.
The following named persons as members of the Board of Human Re sources, for terms beginning April 18, 1984 and ending April 6, 1989: Beverly C. Long of Gwinnett County; Benjamin B. Okel, M.D., of DeKalb County; Dewitt Clinton Alfred, M.D., of Fulton County.
The following named persons as members of the Board of Industry and Trade, for terms beginning January 16, 1985 and ending July 1, 1989: Don ald L. Kunian of Fulton County; W. Lamar Davis of Thomas County; Ed ward J. Harrell of Bibb County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1985: David S. Sowell, M.D., of Henry County; Richard H. White of Fulton County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1986: Tandy Walter Treadwell, Jr., M.D., of Bibb County; Joseph Hobbs, M.D., of Rich mond County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1987: Darrell L. Dean, D.O., of DeKalb County; Linda L. C. Yang, M.D., of Chatham County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1988: Howard George Vigrass, M.D., of Marion County; Ernest Joseph Jones, M.D., of Fulton County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1989: Lanny R. Copeland, M.D., of Colquitt County; Stephen C. May, Jr., M.D., of Cobb County.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984 and ending July 1, 1990: Andrew Paul Morley, Jr., M.D., of DeKalb County; John Edward Fowler, M.D., of Rabun County; Joseph Wade Tollison, M.D., of Richmond County.
Honorable Rosemary K. Evans of Lamar County as a member of the State Board for the Certification of Librarians, for the term of office begin ning August 15, 1984 and ending December 31, 1987.
Honorable Paula F. Suddeth of Elbert County as a member of the State Board for the Certification of Librarians, for the term of office begin ning August 15, 1984 and ending January 1, 1989.
The following named persons as members of the Board of Examiners of Licensed Practical Nurses, for terms beginning January 7, 1985 and ending April 1, 1987: Martha M. Chesser, L.P.N., of Fulton County; Loraine Penn, L.P.N., of Fulton County.

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The following named persons as members of the Board of Examiners of Licensed Practical Nurses, for terms beginning January 7, 1985 and ending July 1, 1988: Barbara Crews, L.P.N., of Haralson County; Edna R. Hunley of Cobb County.
Honorable Ann McKee Parker as a member of the Board of Medical Assistance, for the term of office beginning May 14, 1984 and ending June 30, 1984.
Honorable W. Pitts Carr of Fulton County as a member of the Board of Medical Assistance, for the term of office beginning June 20, 1984 and ending June 30, 1987.
The following named persons as members of the Composite State Board of Medical Examiners, for terms beginning December 4, 1984 and ending September 1, 1987: Robert Eugene Thompson, M.D., of Stephens County; Thomas J. Busey, Jr., M.D., of Fayette County.
Honorable Donald L. Branyon, Jr., M.D., of Clarke County as a mem ber of the Composite State Board of Medical Examiners, for the term of office beginning December 4, 1984 and ending September 1, 1988.
Honorable Marjorie E. Lucas of Henry County as a member of the Composite State Board of Medical Examiners, for the term of office begin ning January 1, 1985 and ending December 31, 1988.
Honorable Eloise B. Sherman, M.D., of Chatham County as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 9, 1985 and ending September 1, 1987.
Honorable H. Hilt Hammett, Jr., M.D., of Troup County as a member of the Composite State Board of Medical Examiners, for the term of office beginning January 9, 1985 and ending September 1, 1988.
Honorable Dolan E. Brown, Jr., of Emanuel County as a member of the Board of Natural Resources, for the term of office beginning March 28, 1984 and ending January 1, 1991.
Honorable Marshall L. Mitchell of Fulton County as a member of the Board of Natural Resources, for the term of office beginning July 13, 1984 and ending January 1, 1988.
Honorable Patricia Carter Edwards of Lamar County as a member of the Board of Natural Resources, for the term of office beginning July 13, 1984 and ending January 1, 1991.
The following named persons as members of the Board of Natural Re sources, for terms beginning January 22, 1985 and ending January 1, 1992: J. Leonard Eubanks of Mitchell County; Felker W. Ward, Jr., of Fulton County; Linda Billingsley of DeKalb County.
The following named persons as members of the Georgia Board of Nursing, for terms beginning December 5, 1984 and ending September 23, 1987: Betty M. Golden, R.N., of Richmond County; Peter Dean Zylstra, R.N., of Chatham County.

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The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning October 2, 1984 and ending December 29, 1985: Ron Addington of Stephens County; James R. Westbury of Spalding County.
Honorable Myrtle A. Vickers of Coffee County as a member of the Georgia State Board of Nursing Home Administrators, for the term of office beginning October 2, 1984 and ending June 4, 1986.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning October 2, 1984 and ending June 4, 1987: Percy Hodges of Candler County; William Levinsohn of Muscogee County; Harvey R. Bauguess of Fulton County.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning January 8, 1985 and ending December 29, 1985: James R. Griffith of Sumter County; George F. Green, M.D., of Greene County; Paula M. Bingham of Lumpkin County; Kaye H. Anderson, R.N., of McDuffie County.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning January 1, 1985 and ending October 26, 1986: Wilhelmina Hall of Dougherty County; John S. Prickett, Jr., of DeKalb County; Jane M. Strain of Troup County.
The following named persons as members of the Georgia Board of Oc cupational Therapy, for terms beginning June 6, 1984 and ending December 31, 1985: Mary Ellen Hill of DeKalb County; Barbara E. Grant of DeKalb County.
Honorable Linda C. Stephens of DeKalb County as a member of the Georgia Board of Occupational Therapy, for the term beginning June 6, 1984 and ending December 31, 1986.
Honorable Joseph Smith Eason, Jr., of Meriwether County as a mem ber of the Georgia Board of Occupational Therapy, for the term of office beginning June 6, 1984 and ending December 31, 1987.
Honorable Mary Louise Austin of DeKalb County as a member of the Georgia Board of Occupational Therapy, for the term of office beginning June 30, 1984 and ending June 30, 1988.
Honorable Christine Bosonetto Doane of Cobb County as a member of the Georgia Board of Occupational Therapy, for the term of office beginning August 24, 1984 and ending December 31, 1986.
Honorable John A. Dana of Washington County as a member of the Board of Offender Rehabilitation, for the term of office beginning July 6, 1984 and ending July 1, 1985.
Honorable H. Lyle Jones of Walker County as a member of the Board of Offender Rehabilitation, for the term of office beginning July 6, 1984 and ending July 1, 1986.
The following named persons as members of the Board of Offender Re-

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habilitation, for terms beginning August 15, 1984 and ending July 1, 1989: Charles L. Gordon of Chatham County; Charles D. Hudson of Troup County; G. Robert Carter of Lowndes County.
Honorable C. Richard Sanders, Sr., L.D.O., of Bibb County as a mem ber of the State Board of Dispensing Opticians, for the term of office begin ning September 19, 1984 and ending March 16, 1987.
The following named persons as members of the State Board of Dis pensing Opticians, for terms beginning September 19, 1984 and ending March 16, 1988: Elward Andersen, L.D.O., of Pike County; Winnifred A. Colley, L.D.O., of Douglas County.
Honorable John F. Wilson of Cobb County as a member of the Georgia State Board of Examiners in Optometry, for the term of office beginning April 25, 1984 and ending July 1, 1986.
The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning April 25, 1984 and ending September 6, 1986: Frank S. Gibson, O.D., of Upson County; William L. Dobbs, O.D., of Newton County.
Honorable Richard K. Babush of DeKalb County as a member of the State Personnel Board, for the term of office beginning June 22, 1984 and ending January 3, 1988.
Honorable Robert Lee Johnson of Fulton County as a member of the State Board of Pharmacy, for the term of office beginning November 27, 1984 and ending July 6, 1988.
Honorable Carlos T. Dyer, Jr., of Cobb County as a member of the State Board of Pharmacy, for the term of office beginning November 27, 1984 and ending November 1, 1988.
Honorable John Ashley Dukes, R.Ph., of Wayne County as a member of the State Board of Pharmacy, for the term of office beginning November 27, 1984 and ending November 1, 1989.
The following named persons as members of the State Board of Physi cal Therapy, for terms beginning June 6, 1984 and ending August 30, 1985: June R. Frost of Floyd County; Bonnie M. Blossom of Cobb County.
Honorable Rebecca J. Weeks of Fulton County as a member of the State Board of Physical Therapy, for the term of office beginning June 6, 1984 and ending June 30, 1986.
Honorable Carol E. Coogler, Sc.D., of Fulton County as a member of the State Board of Physical Therapy, for the term of office beginning June 6, 1984 and ending August 30, 1986.
Honorable Madison Tucker Brawner, D.P.M., of Chatham County as a member of the State Board of Podiatry Examiners, for the term of office beginning March 29, 1984 and ending May 5, 1986.
Honorable Lawrence W. Talley of Cobb County as a member of the

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State Board of Polygraph Examiners, for the term of office beginning April 25, 1984 and ending July 15, 1989.
Honorable E. Stanley Reynolds of Cobb County as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning May 3, 1984 and ending July 1, 1984.
The following named persons as members of the Georgia Board of Pri vate Detective and Security Agencies, for terms beginning May 3, 1984 and ending July 1, 1987: J. Brooke Blake, Jr., of DeKalb County; Eugene Housely of Cobb County.
The following named persons as members of the Professional Standards Commission, for terms beginning June 13, 1984 and ending November 19, 1984: Guy H. Davis, D.D.S., of Carroll County; Nancy R. Beasley of Bartow County.
The following named persons as members of the Professional Standards Commission, for terms beginning June 13, 1984 and ending November 19, 1985: Mary Callins of Polk County; Josie Wills of Richmond County; Carolyn W. Sampson of Peach County; Alice Klemmetsen of Cobb County; Jerry Rochell, Ph.D., of Whitfield County.
The following named persons as members of the Professional Standards Commission, for terms beginning June 13, 1984 and ending November 19, 1986: Dandy Taylor of Chatham County; Eugene Harper of Ben Hill County; Dr. Sherman R. Day of Cobb County; Dr. Charles R. Nash of Chatham County; Edward B. Martin of Laurens County.
Honorable Francis Werner Rogers, Ed.D., of DeKalb County as a member of the Professional Standards Commission, for the term of office beginning June 13, 1984 and ending January 1, 1987.
Honorable Jean W. Humphrey of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office beginning October 3, 1984 and ending July 1, 1985.
Honorable C. Michael York, Ph.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning October 3, 1984 and ending January 7, 1989.
Honorable Bobby D. Moody of Newton County as a member of the Board of Public Safety, for the term of office beginning October 3, 1984 and ending January 20, 1986.
The following named persons as members of the Board of Public Safety, for terms beginning October 3, 1984 and ending January 20, 1987: Franklin Thornton of Walton County; Tommy O. Morgan of Rockdale County.
Honorable Coy C. Williamson, Jr., of Clarke County as a member of the Board of Public Safety, for the term of office beginning October 3, 1984 and ending August 11, 1988.
The following named persons as members of the State Board of Recrea-

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363

tion Examiners, for terms beginning December 12, 1984 and ending July 1, 1986: Cathryn O. Craft of Richmond County; Ronald R. Nix of Bulloch County; Jac E. Roth of Fayette County; Patricia B. Shealy of Cobb County; Joyce M. Buis of Fulton County.
The following named persons as members of the State Board of Recrea tion Examiners, for terms beginning January 9, 1985 and ending July 1, 1986: William H. Lewis of Crisp County; Johnny Carroll Mills of Whitfield County.
Honorable Katie Smith Poole of Washington County as a member of the Georgia Real Estate Commission, for the term of office beginning Octo ber 4, 1984 and ending October 26, 1988.
Honorable Alta P. Bruce of Pierce County as a member of the Georgia Real Estate Commission, for the term of office beginning October 4, 1984 and ending January 26, 1989.
Honorable Susie C. Ford, Ph.D., of Cobb County as a member of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning June 6, 1984 and ending June 24, 1984.
The following named persons as members of the State Board of Exam iners for Speech Pathology and Audiology, for terms beginning June 6, 1984 and ending June 24, 1986: Vernon D. Larson, Ph.D., of Richmond County; Carolyn W. Watkins of Gwinnett County; Walter M. Ligon, M.D., of Cobb County.
Honorable Thomas Edward Wood, Jr., of Fulton County as a member of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning June 24, 1984 and ending June 24, 1987.
Honorable Susie C. Ford, Ph.D., of Cobb County as a member of the State Board of Examiners for Speech Pathology and Audiology, for the term of office beginning December 13, 1984 and ending June 24, 1987.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning January 8, 1985 and ending January 1, 1992: Carolyn Dunbar Yancey of Fulton County; Edgar L. Rhodes of Haralson County.
The following named persons as members of the State Board of Regis tration of Used Car Dealers, for terms beginning August 13, 1984 and end ing May 20, 1989: Kevin A. Ross of Fulton County; W. Wayne Reaves of Bibb County.
The following named persons as members of the State Board of Regis tration for Used Motor Vehicle Dealers, Dismantlers, Rebuilders, and Sal vage Dealers, for terms beginning August 20, 1984 and ending October 5, 1986: JoAnn Robbins of Bibb County; Calvin E. Ashburg of DeKalb County.
The following named persons as members of the State Board of Regis tration for Used Motor Vehicle Dealers, Dismantlers, Rebuilders, and Sal vage Dealers, for terms beginning August 20, 1984 and ending October 5,

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1987: Cathy Norwood of Bartow County; Phillip F. Sullivan of Bibb County; James H. Marks of Chattooga County.
Honorable R. D. Smith of Stephens County as a member of the State Board of Veterans Service, for the term of office beginning April 23, 1984 and ending April 1, 1991.
The following named persons as members of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for terms beginning March 12, 1984 and ending August 17, 1987: Robert W. Troxler of DeKalb County; Dr. Fred G. Pohland of DeKalb County.
Honorable Don Knowles of Henry County as a member of the State Board of Workers' Compensation, for the term of office beginning March 15, 1984 and ending January 12, 1988.
Sincerely,
/s/ Joe Frank Harris

Senator Barker of the 18th introduced the chaplain of the day, Reverend Wallace Swilley, Jr., Director of New Life for the Family Ministry with the Mount Paran Church of God, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 54. By Senator Broun of the 46th:
A resolution recognizing the University of Georgia on the occasion of the two hundredth anniversary of its chartering.

Senator Broun of the 46th introduced to the Senate Honorable Fred Davison, President of the University of Georgia, and other dignitaries affiliated with the University.

SR 84. By Senator Broun of the 46th:
A resolution commending the Clarke Central High School Gladiator Football Team.

SR 85. By Senators Foster of the 50th, Deal of the 49th and Howard of the 42nd:
A resolution commending Mr. F. Jack Adams.

SR 86. By Senators Foster of the 50th, Broun of the 46th and Brown of the 47th:
A resolution commending Morris M. Bryan, Jr., and expressing regrets at his passing.

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365

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, January 24, 1985
ELEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 107 Tolleson, 32nd Barnes, 33rd Harrison, 37th Brantley, 56th City of Marietta Cobb County
To de-annex and exclude certain property from the city.
HB 100 Baldwin, 29th City of LaGrange Troup County
Amends Act creating new charter for city; extends and increases corpo rate limits of city.
HB 109 Bryant, 3rd Mclntosh County
Clarifies the definition of the word "project" with respect to the powers and duties of the Mclntosh Industrial Development Authority.
HB 115 Reddish, 6th Bacon County
To abolish the State Court of Bacon County.
HB 166 Huggins, 53rd Walker County
Amends Act creating the Walker County Rural Water and Sewer Au thority; changes provisions relating to members of authority and their selection; changes provisions relating to issuance of revenue bonds by the Authority.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Muggins Kennedy Land

Langford McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Bryant Howard

Kidd McKenzie

Ray Reddish

On the passage of all the local bills, the yeas were 49, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Thursday, January 24, 1985
ELEVENTH LEGISLATIVE DAY
SB 13 Alcoholic Beverage Sale, Distribution, Consumption--age require ments (C Aff--33rd)
SB 14 Boiler, Pressure Vessel Safety--rule-making power in Labor Depart ment (SUBSTITUTE) (J&CL--33rd)
SB 15 Elevators, Escalators--change date before which inspection required (SUBSTITUTE) (J&CL--33rd)
SB 26 Aggravated Assault Upon Correctional Officer--define crime (Off R--30th)
SB 27 Witness Fees--correctional officers (Off R--30th) SB 32 Respiratory Care -license for those engaged in (SUBSTITUTE) (H
Ed--54th)

THURSDAY, JANUARY 24, 1985

367

SB 55 Certain Parole Supervision Fees--change amounts (Off R--4th)
SB 84 Mental Institution, Nursing Home--absent patient considered miss ing (Pub Saf--34th)
SB 90 Correctional Institution--superior court judge may conduct habeas corpus proceedings (Off R--4th)
SB 111 Public Service Commission--phase in costs of nuclear generating plants into rate base certain plants (SUBSTITUTE) (Pub U--2nd)
SR 22 Parole Supervision Fees Collected--provide assistance to victims (AMENDMENT) (Off R--4th)
SR 27 Camden County--conveyance of certain state-owned property (Pub U--20th)
SR 50 Calhoun--conveyance of property to Gordon County Board of Com missioners (Pub U--51st)
SR 52 Chatham County--easement through certain property for utilities (Pub U--1st)
HB 22 "Offender Rehabilitation"--substitute "corrections" in Code (Off R--30th)
HB 55 Certificate of Title--change fee charged (J&CL--26th)
HB 167 Adult Offender--seizure of moneys coming into account (Off R-- 30th)
HB 230 Motorcycle License Fees--change amount (Pub Saf--28th)

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

SB 13. By Senators Barnes of the 33rd, Coverdell of the 40th, Dean of the 31st and Trulock of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.

Senators Dawkins of the 45th, Peevy of the 48th, Tysinger of the 41st, Kidd of the 25th and Allgood of the 22nd offered the following amendment:

Amend SB 13 by adding after the first semicolon on line 10 of Page 1 the following:
"to direct the Attorney General of Georgia to institute and prose cute an action seeking a declaration of the invalidity of a certain federal statute; to provide that if such statute is declared invalid this Act shall as of a certain date stand repealed;".

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By renumbering Section 6 as Section 7 and adding a new Section 6 to read as follows:
"Section 6, (a) The Attorney General of Georgia is authorized and directed to file and prosecute, in the name of the State of Georgia, in the courts of the United States an action seeking a judgment that declares the invalidity of that part of a bill amending the Surface Transportation Act of 1982 (Pub. L. 98-363 Sec. 6, 98 Stat. 435, 437-438 (to be codified at 23 U.S.C. Section 158)) which authorizes the withholding of federal and highway funds in the absence of the adoption by the state of a drink ing age as specified therein. The Attorney General of Georgia is author ized and directed to take every possible step, including, if necessary, ap peal or certiorari to the United States Supreme Court, to seek to have said provision declared to be invalid by a final judgment of a federal court of competent jurisdiction.
(b) This Act suspends indefinitely prior laws affected by its terms but is enacted as temporary measure, which may hereafter become a fi nal measure, pending the outcome to the litigation provided for in sub section (a) of this section. If the Attorney General of Georgia, acting in the name of the State of Georgia, is successful in obtaining a final judg ment of a federal court of competent jurisdiction which declares invalid the federal statutory provision described in subsection (a) of this section, he shall give written notice of such final judgment to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the Secretary of State. Such notice shall include a determination by the Attorney General that such judgment constitutes a judgment contem plated by this Act. Upon the Attorney General's giving such notice, this Act shall stand repealed in its entirety as of midnight of the fortieth day of the next regular session of the General Assembly which begins follow ing the date of such notice or, if applicable, as of midnight of the fortieth day of the regular session of the General Assembly during which such notice is given, whichever is earlier."

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 Brannon Brown of 47th Bryant Dawkins Deal English

Fincher Foster Gillis Harris Howard Hudgins Kidd

McGill Peevy Ray Stumbaugh Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin

Barker Barnes

Bond Bowen

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369

Brantley Broun of 46th Burton Cobb Coleman Coverdell Dean Engram Garner Greene

Harrison Hine Holloway Horton Muggins Kennedy Land Langford McKenzie Perry

Phillips Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner

On the adoption of the amendment, the yeas were 20, nays 36, and the amend ment 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:

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

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

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Voting in the negative was Senator Tysinger.

Not voting was Senator Brown of the 47th.

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

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JOURNAL OF THE SENATE

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

Senator Ray of the 19th introduced Mary Frances Ussery, president of the State 4-H Board, who briefly addressed the Senate.

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

SB 14. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule-making power of the board and place such rule-making power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 14:

A BILL
To be entitled an Act to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule-making power of the board and place such rule-mak ing power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor; to exempt certain boilers and pressure vessels owned by public utilities; to provide that the Commissioner of Labor may appoint a chief inspector and deputy inspec tors; to change the date for beginning inspections of boilers and pressure vessels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 34 of the Official Code of Georgia An notated, relating to boiler and pressure vessel safety, is amended by striking subsection (a) of Code Section 34-11-3, relating to the Board of Boiler and Pressure Vessels Rules, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created within the Department of Labor a Board of Boiler and Pressure Vessel Rules which shall be referred to in this chap ter as the board. The board shall consist of nine members, the majority of whom shall have experience in design, construction, inspection, repair, or operation of boilers or pressure vessels. Eight of these members shall be appointed by the Commissioner of Labor, two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. At the expiration of their respective terms of office, they, or their successors identifiable with the same interest respectively as provided in this chapter, shall be appointed for terms of four years each.

THURSDAY, JANUARY 24, 1985

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The Commissioner of Labor may at any time remove any member of the board for inefficiency or neglect of duty in office. Upon the death or inca pacity of any member, the Commissioner of Labor shall fill the vacancy for the remainder of the unexpired term with a representative of the same interests with which his predecessor was identified. Of these eight appointed members, the majority of whom shall be registered profes sional engineers when available, one shall be a representative of owners and users of power boilers having experience with such boilers; one shall be a representative of owners and users of heating boilers; one shall be a representative of owners and users of pressure vessels having experience with such vessels; one shall be a representative of boiler or pressure vessel manufacturers; one shall be a representative of the crafts involved in the construction, repair, or operation of boilers or pressure vessels; one shall be a representative of the heating contractors; one shall be a representa tive of a company licensed to insure and insuring in this state boilers and pressure vessels; and one shall represent the public, such as a mechanical engineer on the faculty of a recognized engineering college within the state or a licensed professional engineer. The ninth member of the board shall be the Commissioner of Labor or his designee. The board shall elect one of its members to serve as chairman for a term of one year. The board shall meet at least two times each year at the call of the chairman at the capitol or other place designated by the chairman. No approval, decision, or ruling of the board shall be effective unless supported by the vote of at least five members thereof."
Section 2. Said chapter is further amended by striking Code Section 34-11-4, relating to rules and regulations, and inserting in lieu thereof a new Code Section 34-11-4 to read as follows:
"34-11-4. (a) (1) The Department of Labor, with the advice of the board, shall formulate definitions, rules, and regulations for the safe con struction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state.
(2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices es tablished and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor, with the advice of the board, may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regula tions of the Department of Labor. Amendments and interpretations to the code so adopted shall be effective immediately upon being promul gated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards.
(3) The Department of Labor, with the advice of the board, shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior

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to the date upon which the first rules and regulations under this chapter pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so for mulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Ves sel Inspectors or API 510 of the American Petroleum Institute, as applicable.
(b) The rules and regulations and any subsequent amendments thereto formulated by the Department of Labor shall, immediately fol lowing a hearing upon not less than 20 days' notice as provided in this chapter, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construc tion of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the Department of Labor. Notice of trie hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing.
(c) Subsequent amendments to the rules and regulations adopted by the Department of Labor shall be permissive immediately and shall be come mandatory 12 months after their promulgation."
Section 3. Said chapter is further amended by striking Code Section 34-11-5, relating to newly constructed boilers and vessels, and inserting in lieu thereof a new Code Section 34-11-5 to read as follows:
"34-11-5. No boiler or pressure vessel which does not conform to the rules and regulations of the Department of Labor governing new con struction and installation shall be installed and operated in this state af ter 12 months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installa tion and operating permit may at its discretion be granted by the Depart ment of Labor."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 34-11-7, relating to exceptions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter shall not apply to the following boilers and pres sure vessels:
(1) Boilers and pressure vessels under federal control or under regu lations of Title 49 of the Code of Federal Regulations, Parts 192 and 193;
(2) Pressure vessels used for transportation and storage of com pressed or liquified gases when constructed in compliance with specifica-

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tions of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation;
(3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight;
(4) Air tanks installed on the right of way of railroads and used directly in the operation of trains;
(5) Pressure vessels that do not exceed:
(A) Five cubic feet in volume and 250 psig pressure; or
(B) One and one-half cubic feet in volume and 600 psig pressure; or
(C) An inside diameter of six inches with no limitation on pressure;
(6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
(7) Pressure vessels with a nominal gas water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion;
(8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:
(A) A heat input of 200,000 BTU per hour;
(B) A water temperature of 210 degrees Fahrenheit; and
(C) A nominal water containing capacity of 120 gallons;
(9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded:
(A) Heat input of 200,000 BTU per hour;
(B) Water temperature of 210 degrees Fahrenheit; and
(C) Nominal water capacity of 120 gallons.
These exempt hot water supply boilers shall be equipped with ASMENational Board approved safety relief valves;
(10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels;
(11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII;

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(12) Boilers and pressure vessels operated and maintained for the production and generation of electricity;
(13) Boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process; and
(14) Boilers and pressure vessels operated and maintained by a pub lic utility."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 34-11-8, relating to chief inspectors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engi neer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 34-11-11. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the Commissioner."
Section 6. Said chapter is further amended by striking Code Section 34-11-9, relating to deputy inspectors, and inserting in lieu thereof a new Code Section 34-11-9 to read as follows:
"34-11-9. The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construc tion, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam op erating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 34-11-11."
Section 7. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 34-11-14, relating to inspections, and in serting in lieu thereof a new paragraph (1) to read as follows:
"(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 34-11-7 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, instal lation, and condition as follows:
(A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible;
(B) Low pressure steam or vapor heating boilers shall receive a cer-

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tificate inspection biennially with an internal inspection every four years where construction permits;
(C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discre tion of the inspector;
(D) Pressure vessels subject to internal corrosion shall receive a cer tificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the board; and
(E) Nuclear vessels within the scope of this chapter shall be in spected and reported in such form and with such appropriate information as the board shall designate."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Hudgins.

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Not voting was Senator Bond.

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

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

SB 15. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and esca lators and similar devices, so as to change the date before which inspec tions shall be required; to eliminate the requirement that inspectors be in the classified service; to change the date by which the advisory committee shall be appointed.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 15:

A BILL
To be entitled an Act to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and escalators and similar devices, so as to change the date before which inspections shall be required; to eliminate the requirement that in spectors be in the classified service; to change the date by which the advi sory committee shall be appointed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and escala tors and similar devices, is amended by striking subsection (a) of Code Sec tion 8-2-101, relating to registration, maintenance, and alterations, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to January 1, 1986, the owner or lessee of every existing elevator, escalator, manlift, moving walk, and dumbwaiter shall register with the department or local enforcement authority each such elevator, escalator, manlift, moving walk, or dumbwaiter owned or operated by him, giving type, rated load and speed, name of manufacturer, its loca tion and the purpose for which it is used, and such other information as the department or local enforcement authority may require. Such regis tration shall be made on a form to be furnished by the department or local enforcement authority on request. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and

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shall be registered within 15 days after they are completed and placed in service."
Section 2. Said part is further amended by striking subsection (a) of Code Section 8-2-104, relating to inspectors and inspections, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be au thorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company li censed to insure and insuring elevators in this state and technically com petent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors.
Section 3. Said part is further amended by striking subsection (b) of Code Section 8-2-109, relating to the advisory committee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All appointments to the committee shall be for a term of four years. A member shall serve until his successor has been duly appointed. The Commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the Commissioner shall preserve the composition of the committee as re quired by this Code section. Any appointive member who, during his term, ceases to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The Commissioner shall have until August 1, 1985, to appoint the members of the commit tee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without com pensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee, provided such travel and other expenses are approved by the Commissioner."
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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Those voting in the affirmative were Senators:

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

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

Not voting were Senators Coverdell and Trulock.

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

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

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

SB 26. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to define the crime of aggravated assault upon a correctional officer; to de fine the crime of aggravated battery upon a correctional officer; to define the term "correctional officer".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

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379

Howard Hudgins Huggins Kennedy Kidd Land McGill Peevy Perry Phillips Ray Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh
T1 fdlltCp
Timmons Tolleson~ Trulock Turner Tysinger Walker

Not voting were Senators Coverdell, Langford and McKenzie.

On the passage of the bill, the yeas were 53, 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 1:30 o'clock P.M., and the motion prevailed.

At 12:00 o'clock Noon, the President announced the Senate would stand in recess until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

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

SB 27. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and produc tion and preservation of evidence, so as to provide witness fees for correc tional officers; 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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Bowen Brannon Burton Cobb Coverdell Dawkins Engram Fincher

Garner Gillis Hine Holloway Horton Howard Kennedy Kidd Land Langford McGill

Perry Ray Reddish Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Coleman Deal

Dean English Foster Greene Harris Harrison Hudgins

Huggins McKenzie Peevy Phillips Scott of 2nd Scott of 36th Tate

On the passage of the bill, the yeas were 34, nays 0.

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

SB 32. By Senators Fincher of the 54th, Broun of the 46th and Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions.
The Senate Committee on Higher Education offered the following substitute to SB 32:
A BILL
To be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteo paths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions; to provide for the powers, du ties, and responsibilities of the Composite State Board of Medical Examin ers as such relate to respiratory care; to provide for an advisory committee;

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381

to provide for the certification and regulation of respiratory care profession als, therapists, and technicians; to provide for qualifications; to provide con ditions and procedures for certificate renewal and for certificate revocation or suspension; to prohibit a person from holding oneself out to be a certified respiratory care professional, therapist, or technician unless such person is certified; to provide penalties; 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 34 of Title 43 of the Official Code of Georgia An notated, relating to the licensing of physicians, osteopaths, and orthotists, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
43-34-140. This article shall be known and may be cited as the 'Re spiratory Care Practices Act.'
43-34-141. The General Assembly finds and declares that the prac tice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-142. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examin ers as created by Code Section 43-34-21.
(2) 'Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist' means a health care pro fessional who is employed in the therapy, management, rehabilitation, diagnostic evaluation, education, and care of patients with deficiencies and abnormalities which affect the pulmonary and cardiac systems.
43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for certifi cation, renewal of the certificate, and reciprocal certification;
(2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article;
(3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist applicants and cer tificate holders under this article and conduct hearings in connection with these actions;
(4) Conduct hearings on complaints concerning violations of this ar ticle and the rules adopted under this article and cause the prosecution and enjoinder of the violations;
(5) Establish application, examination, and certification fees;

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(6) Request and receive the assistance of state educational institu tions or other state agencies;
(7) Prepare information of consumer interest describing the regula tory functions of the board and describing the procedures by which con sumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropri ate state agencies; and
(8) Establish continuing education requirements.
43-34-144. At any time prior to July 1, 1986, the board may grant, upon application and payment of proper fees, a certificate without exami nation to a person who at the time of application holds a valid certificate as a respiratory care professional, certified respiratory therapy techni cian, or registered respiratory therapist issued by another state or any political territory or jurisdiction acceptable to the board if in the board's opinion the requirements for that certification are substantially the same as the requirements of this article or to a person who at the time of application is a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist registered or certified by the National Board for Respiratory Care, Inc., or who otherwise meets the qualifications established by the board.
43-34-145. (a) Each applicant for certification as a respiratory care professional, certified respiratory therapy technician, or registered respir atory therapist shall meet the following requirements:
(1) Is at least 18 years of age;
(2) Has submitted a completed application as required by the board;
(3) Has submitted any fees required by the board;
(4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and
(5) Has met such other requirements as may be prescribed by the board.
(b) In addition to the requirements specified in subsection (a) of this Code Section, each applicant for certification under this chapter shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certifica tion, continue to work under the supervision or direction of a person li censed under Article 2 of this chapter.
43-34-146. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.

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43-34-147. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand.
(b) The certificate holder shall display the document evidencing cer tification in an appropriate and public manner.
(c) The certificate holder shall inform the board of any change of his address.
(d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board.
(e) Each person certified under this article is responsible for re newing his certificate before the expiration date.
(f) Under procedures and conditions established by the board, a cer tificate holder may request that his certification be declared inactive. The certificate holder may apply for active status at any time and upon meet ing the conditions set by the board shall be declared active.
43-34-148. (a) The board, in consultation with the advisory com mittee, may:
(1) Refuse to grant or renew certification to an applicant;
(2) Administer a public or private reprimand, but a private repri mand shall not be disclosed to any person except the certificate holder;
(3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate;
(4) Limit or restrict any certificate as the board deems necessary for the protection of the public;
(5) Revoke any certificate;
(6) Levy a fine; and
(7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct.
(b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has:
(1) Failed to demonstrate the qualifications or standards for certifi cation contained in this Code section, or under the laws, rules, or regula tions under which certification is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satis fied as to the applicant's qualifications, it may deny certification without

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a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or coun try or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, with out regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not en tered on the charge.
The plea of nolo contendere or the order entered pursuant to the 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 certificate under this article revoked, suspended, or an nulled by any lawful authority other than the board; or had other disci plinary action taken against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful 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 certificate holder or appli cant to practice a business or profession certified under this article, 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 di rectly related to the practice of the certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing prac tice of the business or profession certified under this article;

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(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board;
(8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profes sion licensed under this title, the United States, or any other lawful au thority, which statute, law, or rule or regulation relates to or in part reg ulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certification reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall auto matically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adju dication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession certi fied under this article with reasonable skill and safety to the public or has become unable to practice the certified business or profession with rea sonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-149. The board shall appoint a respiratory care advisory com mittee. The committee shall be composed of persons engaged in the prac tice of respiratory therapy, persons licensed under Article 2 of this chap ter who specialize or are board certified in pulmonary medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine.
43-34-150. (a) After July 1, 1985, it shall be unlawful for any per son who is not certified under this article to use the title respiratory care professional, certified respiratory therapy technician, or registered respir atory therapist or the letters RCP, CRTT, or RRT in any words, letters, abbreviations, or insignia so as to indicate or imply orally or in writing or in any other way that the person is certified under this article.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-34-151. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "
Section 2. This Act shall become effective upon necessary appropria tions being specifically made by the Georgia General Assembly to fund this Act.

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

On the adoption of the substitute, the yeas were 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:

Albert Allgood Baldwin Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harrison Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine. Those not voting were Senators:

Barker Barnes

Broun of 46th English

Harris Hudgins

On the passage of the bill, the yeas were 49, nays 1.

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

THURSDAY, JANUARY 24, 1985

387

SB 55. By Senators Kennedy of the 4th and Garner of the 30th:
A bill to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or pa role, so as to change the amount of certain parole supervision fees; to remove certain duration limitations on supervision fees; to provide that the amount of supervision fees shall be set by rule of the board and shall be uniform statewide.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th

Coleman English

Hudgins Scott of 2nd

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

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

SB 84. By Senators Engram of the 34th, Horton of the 17th, Garner of the 30th and Harris of the 27th:
A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing per-

388

JOURNAL OF THE SENATE

sons, so as to provide that certain persons hospitalized or resident in cer tain facilities shall be considered to be missing persons under specified circumstances.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Broun of 46th

Coleman English

Hudgins Starr

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

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

SB 90. By Senator Kennedy of the 4th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state cor rectional institution in a suitable room at the institution.

THURSDAY, JANUARY 24, 1985

389

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brantley

English Fincher Hudgins

McKenzie Starr

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

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

SB 111. By Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generating plants into the rate base of certain utility owners of such plants under certain circumstances.

Senator Allgood of the 22nd moved that SB 111 be placed on the Table.

On the motion, the yeas were 39, nays 2; the motion prevailed, and SB 111 was placed on the Table.

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JOURNAL OF THE SENATE

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

SR 22. By Senators Kennedy of the 4th and Garner of the 30th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law direct that all funds collected by the State Board of Pardons and Paroles as parole supervision fees as a condition of parole or other conditional release be used for the purpose of providing assistance to victims of crimes; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (0 to read as follows:

"(0 The General Assembly may by general law direct that all funds collected by the State Board of Pardons and Paroles as parole supervision fees as a condition of parole or other conditional release be used for the purpose of providing assistance to victims of crimes."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the General Assembly may by general law direct that all funds collected by the State Board of Pardons and Pa roles as parole supervision fees as a condition of parole or other conditional release be used for the purpose of pro viding assistance to victims of crimes?"

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 Offender Rehabilitation offered the following amendment:

Amend SR 22 by striking from line 3 of Page 1 the following: "all",

THURSDAY, JANUARY 24, 1985

391

and inserting in lieu thereof the following: "a portion of".
By striking from line 14 of Page 1 the following: "all",
and inserting in lieu thereof the following: "a portion of.
By striking from line 3 of Page 2 the following: "all",
and inserting in lieu thereof the following: "a portion thereof.

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 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:

Albert Allgood Baldwin Barker Barnes Bnd owen
rantn.on Broun o'f 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
Harris " arrison Hl "f Holloway Horton Howard Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

392

JOURNAL OF THE SENATE

Not voting was Senator Hudgins.

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

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

SR 27. By Senators Gillis of the 20th, Reddish of the 6th and Bryant of the 3rd:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consid eration therefor; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen B/ 3 TM 0 " Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coleman
Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison HHionlleoway
Horton Howard Huggins
Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Rav Reddish Scott of 2nd r, .. f ,,-., ^colt f 36th ^Sttuarmrb, augh,
Tate Tolleson Trulock
Turner Tysinger Walker

Not voting were Senators Hudgins, Land and Timmons.

On the adoption of the resolution, the yeas were 53, nays 0.

THURSDAY, JANUARY 24, 1985

393

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

SR 50. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Calhoun, Georgia, to the Gordon County Board of Com missioners; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Dean

Hudgins Land

Stumbaugh Timmons

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

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

SR 52. By Senators Coleman of the 1st, Bryant of the 3rd and Scott of the 2nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savan-

394

JOURNAL OF THE SENATE

nah an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improve ment, and replacement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such stateowned property.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen B ran " on
RBr'oun %of 4^6,1th, BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene
HH aarrn"sSon HHoinlleoway
Horton Howard Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd
S_cott of 36th ^Sttuarmrb, augh.
Tate Tolleson Trulock Turner Tysinger Walker

Not voting were Senators Hudgins, Land and Timmons.

On the adoption of the resolution, the yeas were 53, nays 0.

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

HB 22. By Representatives Colwell of the 4th, Hays of the 1st and Jackson of the 9th:
A bill to amend the Official Code of Georgia Annotated so as to substi tute the term "corrections" for the term "offender rehabilitation" wher-

THURSDAY, JANUARY 24, 1985

395

ever the same appears in the Code; to change the term "Board of Of fender Rehabilitation" to "Board of Corrections".
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Bran"on Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison HHoinlleoway
Horton Howard Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ra_, Reddish Scott of 2nd ,, f -,., fott of 36th S-tumb. augh
Tate Tolleson Trulock Turner Tysinger Walker

Not voting were Senators Hudgins, Land and Timmons.

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

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

HB 55. By Representatives Jackson of the 9th and McDonald of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the fee charged for filing an application for a certificate of title and notice of a security interest or lien.
Senate Sponsor: Senator Greene of the 26th.

396

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 Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Kennedy Kidd Langford

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Brannon Fincher

Garner Horton Huggins

McGill Stumbaugh

Not voting were Senators Land and Timmons.

On the passage of the bill, the yeas were 46, nays 8.

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

HB 167.

By Representatives Hays of the 1st, Jackson of the 9th, Cox of the 141st and others:
A bill to amend Code Section 17-14-13 of the Official Code of Georgia Annotated, relating to manner of enforcement of restitution orders gener ally, so as to provide that, when an adult offender has been ordered to make restitution for any damage to state property caused by such of fender, the department may order the seizure of all moneys in or coming into the monetary account of the offender.
Senate Sponsors: Senators Garner of the 30th and Ray of the 19th.

THURSDAY, JANUARY 24, 1985

397

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

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

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond

Land

Coleman

Timmons

On the passage of the bill, the yeas were 52, nays 0.

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

HB 230.

By Representative Jackson of the 9th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for operation of vehicles, so as to change the amount of the license fee for the operation of motorcycles.
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:

398

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin 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 Hine Holloway
Horton Howard Hudgins Huggins Kennedy Kidd

Langford McGill McKenzie Peevy Perry Phillips
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
Tate Tolleson Trulock Turner Tysinger Walker

Not voting were Senators Land and Timmons.

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

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

Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock tomorrow, and the motion prevailed.

At 3:35 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY 25, 1985

399

Senate Chamber, Atlanta, Georgia Friday, January 25, 1985 Twelfth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 11. By Representative Richardson of the 52nd:
A bill to amend Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, so as to authorize attorney's fees in contempt of court actions involving child custody, child visitation, and property division.

HB 31. By Representatives Buck of the 95th, Logan of the 67th, Lane of the lllth and others:
A bill to amend Code Section 45-10-23 of the Official Code of Georgia Annotated, relating to conflicts of interest in connection with full-time employees transacting business with their employing agencies, so as to authorize full-time employees of the Board of Regents of the University System of Georgia to serve as members of the governing boards of pri vate nonprofit, educational, athletic, or research related foundations and associations.

HB 39. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, re lating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.

400

JOURNAL OF THE SENATE

HB 97. By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly.

HB 128.

By Representative Colbert of the 23rd:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for officers and employees of political subdivisions to coerce other officers and employees to pay any part of their salary to any party, organization, or person for political purposes.

HB 132.

By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to provide that it shall not be necessary for certain applications for certificates of title to show the previous owner.

HB 133.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificates, so as to authorize certain county tag agents to issue replacement registration certificates.

HB 134.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, so as to require the report ing of a lost or mutilated license plate or revalidation sticker.

HB 185.

By Representatives Thomas of the 69th, Oliver of the 1st, Copeland of the 106th and others:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not war ranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived.

HB 240.

By Representatives Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
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," and to amend Chapter 32 of Title 36 of the Official Code of Geor gia Annotated, so as to provide that an owner or any other person who knowingly operates or knowingly authorizes another to operate a motor

FRIDAY, JANUARY 25, 1985

401

vehicle without effective insurance or an approved plan of self-insurance on such vehicle is guilty of a misdemeanor.

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

HR 15. By Representatives Adams of the 36th, Richardson of the 52nd, Home of the 103rd and others:
A resolution creating a Joint Urban County and Municipal Study Committee.

HR 24. By Representatives Birdsong of the 104th, Groover of the 99th, Walker of the 115th and others:
A resolution designating the Walter A. Scott Memorial Bridge.

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

HB 78. By Representatives Murphy of the 18th, Daugherty of the 33rd, Connell of the 87th 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 of ficials, so as to change the salaries of the members of the General Assembly.

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

HB 290.

By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the tax commissioner.

HB 295.

By Representative Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid ing for the election of members of the Board of Education of Forsyth County and for qualifications, duties, terms, and compensation of mem bers of the board.

HB 297.

By Representative Reaves of the 147th:
A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.

402

JOURNAL OF THE SENATE

HB 298. By Representative Reaves of the 147th:
A bill to provide for the compensation of the coroner of Brooks County; to provide for the payment of such compensation.

HB 299.

By Representative Reaves of the 147th:
A bill to repeal an Act providing for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census.

HB 304.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Valdosta-Lowndes County Industrial Authority and the powers and administration of the authority; to provide the authority for this Act.

HB 305.

By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to estab lishment of the Central Valdosta Development Authority and the powers and duties of the authority.

HB 312.

By Representatives Redding of the 50th, Clark of the 55th, Robinson of the 58th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal and providing for sanitation districts.

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

SB 144. By Senator Bond of the 39th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that in surers may invest in securities issued by the African Development Bank; to provide for an effective date.
Referred to Committee on Banking and Finance.

SB 145.

By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra-

FRIDAY, JANUARY 25, 1985

403

tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; to provide for the publication of such rules and regulations.
Referred to Committee on Governmental Operations.

SB 146. By Senator Phillips of the 9th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide excep tions; to provide a punishment.
Referred to Committee on Human Resources.

SB 147. By Senators Perry of the 7th, Bryant of the 3rd, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any sur plus of funds directly related to fines imposed for violations of the laws of this state relating to controlled substances shall be equally divided be tween the county entitled to share such funds and the Georgia Bureau of Investigation.
Referred to Committee on Public Safety.

SB 148. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the Department of Transportation to award a contract when only one bid has been received on a project.
Referred to Committee on Transportation.

SB 149. By Senators Holloway of the 12th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that the travel allowance for trips to the state capitol during sessions of the General Assembly shall be de termined either on the basis of actual transportation costs incurred when traveling by public carrier or on the basis of mileage.
Referred to Committee on Appropriations.

404

JOURNAL OF THE SENATE

SB 150. By Senators Greene of the 26th, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursuant to applica tion by 100 percent of landowners, so as to provide that all municipalities may annex property when 100 percent of the landowners petition the mu nicipality for such annexation; to repeal the exemption for municipalities in counties having a population of 100,000 or more.
Referred to Committee on Urban and County Affairs (General).

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

HB 11. By Representative Richardson of the 52nd:
A bill to amend Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, so as to authorize attorney's fees in contempt of court actions involving child custody, child visitation, and property division.
Referred to Committee on Children and Youth.

HB 31. By Representatives Buck of the 95th, Logan of the 67th, Lane of the lllth and others:
A bill to amend Code Section 45-10-23 of the O.C.G.A., relating to con flicts of interest in connection with full-time employees transacting busi ness with their employing agencies, so as to authorize full-time employees of the Board of Regents of the University System of Georgia to serve as members of the governing boards of private nonprofit, educational, ath letic, or research related foundations and associations.
Referred to Committee on Higher Education.

HB 39. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, re lating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to Committee on Governmental Operations.

HB 97. By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly.
Referred to Committee on Governmental Operations.

FRIDAY, JANUARY 25, 1985

405

HB 128. By Representative Colbert of the 23rd:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous ofFenses concerning public officers and employees, so as to make it unlawful for officers and employees of political subdivisions to coerce other officers or employees to pay any part of their salary to any party, organization, or person for political purposes.
Referred to Committee on Urban and County Affairs (General).

HB 132. By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to provide that it shall not be necessary for certain applications for certificates of title to show the previous owner.
Referred to Committee on Transportation.

HB 133. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificates so as to authorize certain county tag agents to issue replacement registration certificates.
Referred to Committee on Transportation.

HB 134. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, so as to require the report ing of a lost or mutilated license plate or revalidation sticker.
Referred to Committee on Transportation.

HB 185. By Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th and Smith of the 78th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not war ranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived.
Referred to Committee on Children and Youth.

HB 240.

By Representatives Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
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," and to amend Chapter 32 of Title 36 of the Official Code of Geor gia Annotated, so as to provide that an owner or any other person who knowingly operates or knowingly authorizes another to operate a motor

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vehicle without effective insurance or an approved plan of self-insurance on such vehicle is guilty of a misdemeanor.
Referred to Committee on Judiciary.

HR 15. By Representatives Adams of the 36th, Richardson of the 52nd, Home of the 103rd and Bolster of the 30th:
A resolution creating a Joint Urban County and Municipal Study Committee.
Referred to Committee on Rules.

HR 24. By Representatives Birdsong of the 104th, Groover of the 99th, Walker of the 115th and others:
A resolution designating the Walter A. Scott Memorial Bridge.
Referred to Committee on Transportation.

HB 290. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 295. By Representative Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid ing for the election of members of the Board of Education of Forsyth County and for qualifications, duties, terms and compensation of mem bers of the board.
Referred to Committee on Urban and County Affairs.

HB 297. By Representative Reaves of the 147th:
A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman.
Referred to Committee on Urban and County Affairs.

HB 298. By Representative Reaves of the 147th:
A bill to provide for the compensation of the coroner of Brooks County to provide for the payment of such compensation.
Referred to Committee on Urban and County Affairs.

HB 299.

By Representative Reaves of the 147th:
A bill to repeal an Act providing for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor

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407

more than 15,400 according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Urban and County Affairs.

HB 304. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Valdosta-Lowndes County Industrial Authority and the pow ers and administration of the authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

HB 305. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to continue in force and effect as a part of the Constitution of the state of Georgia that constitutional amendment which relates to estab lishment of the Central Valdosta Development Authority and the powers and duties of the authority.
Referred to Committee on Urban and County Affairs.

HB 312. By Representatives Redding of the 50th, Clark of the 55th, Robinson of the 58th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal and providing for sanitation districts.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 54. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

408 Mr. President:

JOURNAL OF THE SENATE

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 77. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources 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 59. Do pass as amended. SB 94. Do pass.

SB 115. Do pass. HB 25. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 41. Do pass as amended.
Respectfullly submitted,
Senator Brown of the 47th District, Chairman

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

SB 43. 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 sala ries of the sheriffs; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.

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409

SB 68. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to pro vide an effective date.

SB 72. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly; to provide a period of 14 days for filing notices of candidacy.

SB 73. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to magistrates and chief magistrates, so as to provide that a probate judge who also serves as a magistrate other than the chief magistrate shall be compensated for his services as magistrate in an amount not less than $200.00 per month; to provide for all related mat ters; to provide an effective date.

SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.

SB 92. By Senators Garner of the 30th, Bowen of the 13th and Brannon of the 51st:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral estab lishments, so as to change the provisions relative to examination by the board; to change the qualifications for applicants and apprentices; to de lete certain provisions relating to examination and examination papers.

SB 18. By Senator Broun of the 46th:
A resolution giving legislative approval to the admission of the State of Oklahoma into the Southern Regional Education Compact entered into by the State of Georgia and other Southern States; to declare that, upon ratification of the compact by the legislature and approval by the Gover nor of Oklahoma and approval by the legislature and by the Governor of the other states which are parties to the compact, the State of Oklahoma shall become a party to said compact.

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SR 33. By Senator Fincher of the 54th: A resolution designating the I. M. Peeples Memorial Bridge.

SR 34. By Senator Kidd of the 25th:
A resolution urging Congress to propose an amendment to the Constitu tion of the United States to provide four-year terms of office for members of the United States House of Representatives.

SR 44. By Senators Greene of the 26th, Harris of the 27th, Barnes of the 33rd and 53 others:
A resolution authorizing the placing of a bust of Sidney Lanier in the State Capitol Building.

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

Albert Allgood Baldwin Barker Bond Bwen Brannon Brantley Broun of 46th Bryant
Burton
Cobb
Coleman

Dawkins English Engram Garner Gillis Hams Hine Hudgins Huggins Kennedy
Kidd
Langford
McGill

McKenzie Peevy Phillips Rav Reddish Scott of 2nd c ^tarr , , Stumbaugh Tolleson
Turner
Tysinger
Walker

Those not answering were Senators:

Barnes
Brown of 47th Coverdell
Deal Dean Fincher

Foster
Greene Harrison
Holloway Horton Howard

Land
Perry Scott of 36th
Tate Timmons Trulock

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Michael A. Guido, Director of Guido Evangelistic Association, Metier, Georgia, who offered
scripture reading and prayer.

FRIDAY, JANUARY 25, 1985

411

The following resolutions of the Senate were read and adopted:

SR 88. By Senator Kennedy of the 4th: A resolution recognizing Reverend Michael Anthony Guido.

SR 89. By Senator Kennedy of the 4th: A resolution commending the Honorable Tom McCall.

SR 90. By Senator Kennedy of the 4th: A resolution commending the Honorable Pauline Smith.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Friday, January 25, 1985
TWELFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 116 Kidd, 25th Baldwin County
To provide a homestead exemption from ad valorem taxes for school pur poses; to provide requirements to be eligible to claim such exemption; to provide definitions; to provide for applicability; to provide for other mat ters relative to the foregoing; to provide for a referendum.

SB 117 Kidd, 25th City of Milledgeville Baldwin County
Changes provisions relating to nomination of certain officers and officials; to delete provisions relating to clerk and treasurer; to provide for the ap pointment and duties of department heads.

HB 278 Garner, 30th City of Carrollton Carroll County
Amends Act establishing new charter for city; changes provisions relat ing to election of councilmen.

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The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, 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 Bryant Burton Cobb Coleman Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Bowen Brantley

Brown of 47th Coverdell Holloway Howard

Land Scott of 36th Starr Timmons

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR

Friday, January 25, 1985

TWELFTH LEGISLATIVE DAY

SB

Mentally 111, Alcoholic, Drug Dependent--detainment in emergency

(AMENDMENT) (Hum R--25th)

SB 16 Injury Caused by Animal--liability of owner (J&CL--33rd)

SB 17 Civil Case Renewal--limitation provisions (J&CL--33rd)

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413

SB 20 Handicapped Access to Public Buildings--legislative intent (Hum R--5th)
SB 46 Wills--notice of petition for probate in solemn form to beneficiary (SUBSTITUTE) (Judy--49th)
SB 75 Sentencing--judge consider victim impact statement prior to fixing (Judy--49th)
SB 87 Magistrate Court--postjudgment discovery in aid of judgments (Judy--49th)
SB 88 Magistrate Court--clerk or deputy may sign summons in civil action (Judy--49th)
SB 105 General Assembly Service--credited only to Legislative Retirement System (Ret--llth)

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

SB 6. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change certain procedures when a mentally ill, alco holic, or drug dependent person fails or refuses to comply with involun tary outpatient service plans.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 6 by striking from lines 25 through 27 of Page 3 and lines 9 through 11 of Page 7 the following:
"any person at a community mental health center who is responsible for assuring the patient's compliance with that plan",
and inserting in their place the following:
"the physician in charge of the outpatient service plan or that physi cian's designee".
By striking from lines 10 and 15 of Page 4 and lines 28 and 33 of Page 7 the following:
"three hours",
and inserting in their place the following:
"four hours".
By striking from lines 22 and 28 of Page 4 and lines 6 and 12 of Page 8 the following:

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"six hours", and inserting in their place the following:
"eight hours".

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy

Kidd Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brown of 47th Holloway Howard

Land Scott of 36th Starr

Timmons Walker

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

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

Senator Ray of the 19th introduced the doctor of the day, Dr. Diskin G. Morgan, of Douglas, Georgia.

FRIDAY, JANUARY 25, 1985

415

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

SB 16. By Senators Barnes of the 33rd, Howard of the 42nd and Phillips of the 9th:
A bill to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th Fincher

Holloway Howard Land

Phillips 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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SB 17. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to pro vide 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.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Broun of 46th Brown of 47th Fincher

Holloway Howard Land

Phillips Scott of 36th Walker

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

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

SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, re lating to handicapped persons, so as to revise and reorganize Chapter 3,

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417

relating to access to and use of public buildings by handicapped and eld erly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and compo nents thereof to comply with certain standards.

Senator Burton of the 5th offered the following substitute to SB 20:

A BILL
To be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and components thereof to comply with certain standards; to provide for exceptions; to pro vide for jurisdiction, enforcement, and compliance; to provide for procedural safeguards; to provide for cooperation in the performance of duties under that chapter; to provide for informing certain organizations and others; to provide for enforcement powers; to provide for waivers and exemptions; to provide for rules, regulations, and procedures; to provide for penalties; 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 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 handicapped and elderly persons, in its entirety and inserting in its place a new Chapter 3 to read as follows:
"CHAPTER 3
30-3-1. The provisions of this chapter are enacted to further the pol icy of the State of Georgia to encourage and enable handicapped or eld erly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped or elderly persons whose ability to participate in the social and economic life of this state is need lessly restricted when such persons cannot readily use government build ings, public buildings, and facilities used by the public.
30-3-2. As used in this chapter, the term:
(1) 'Adaptable' is further explained as follows:
(A) Adaptable refers to features provided for in a dwelling but not actually installed. Such adaptability makes it possible for the features required by ANSI Standard Al 17.1-1980 to be added for the occupant without structural alteration; and
(B) Items not installed at the time of construction under the adapt able provisions of ANSI Standard Al 17.1-1980 and items installed which might need to be removed to provide access must be installed or

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removed, respectively, by the owner at the owner's expense when the dwelling is rented to a handicapped or elderly person within 30 days after that person's application for occupancy is approved by the owner.
(2) 'ANSI Standard Al 17.1-1980' means Sections 3 and 4 of the American National Standards Institute's Standard Al 17.1-1980, Specifi cations for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People, as published by the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018, which Standard shall be the Standard to be used for the design of build ings and facilities governed by this chapter unless otherwise specifically provided.
(3) 'Certificate of compliance' means a statement executed under lawful oath or affirmation by the builder, developer, contractor, or build ing owner that to the best of the affiant's knowledge, information, and belief the plans and specifications comply with Chapter 3 of Title 30 of the Official Code of Georgia Annotated, requiring that buildings and fa cilities be made accessible to handicapped and elderly persons.
(4) '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.
(5) '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.
(6) '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 use of private funds.
(7) 'Reasonable number' as found in the ANSI Standard A117.11980 shall be defined in the implementing regulations specified in Code Section 30-3-5.
(8) 'Renovation' means moving or replacing, except for repair, or adding any specific component of a building, structure, or facility.
(9) 'Temporary lodging units' means but is not limited to rooms in hotels, motels, dormitories, or other sleeping accommodations used by the public for a brief period of time.
30-3-3. (a) All government buildings, public buildings, and facili ties receiving permits for construction or renovation after July 1, 1984, shall comply with the ANSI Standard Al 17.1-1980 and the applicable implementing regulations. Such buildings and facilities shall include without being limited to rental apartment complexes of 20 units or more

FRIDAY, JANUARY 25, 1985

419

and temporary lodging facilities of 20 units or more, although this chap ter 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 require fully accessible units in 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 private singlefamily residence, or to duplexes or any apartment complex containing fewer than 20 units, or to residential condominiums.
(b) If any specific component of an elevator is replaced, except for the purpose of repair, or moved from its existing location in a building or facility described in subsection (a) of this Code section to a different lo cation in such building or facility, then the specific component shall be required to meet the ANSI Standard Al 17.1-1980 as it applies to that specific component, including but not limited to an accessible route as defined in the ANSI Standard Al 17.1-1980.
(c) Any component of a building, structure, or facility described in subsection (a) of this Code section, which is replaced, except for the pur pose of repair, or moved shall be required to meet the ANSI Standard Al 17.1-1980 including but not limited to an accessible route as defined in the ANSI Standard Al 17.1-1980.
30-3-4. (a) (1) Except for buildings and facilities under the juris diction of the Board of Regents of the University System of Georgia, all buildings and facilities subject to the jurisdiction of the Safety Fire Com missioner pursuant to Code Section 25-2-12 and subsection (b) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter.
(2) With respect to any such building or facility, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building or facility shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Section 30-3-3 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify in a manner acceptable to the Commissioner the architect or engineer who prepared them. No con struction plans for any such building or facility shall be approved by the Commissioner for any construction unless the building or facility con forms to Code Section 30-3-3 and unless the architect or engineer re sponsible for preparation of said plans and specifications affixes that per son's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Section 30-3-3. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compli ance to be displayed on the plans before starting construction. The Com missioner shall not require any additional fee for each submission of plans or specifications other than the Standard fee required by Code Sec tion 25-2-14. No local governing authority shall issue any building per-

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mil for any building or facility subject to this subsection without proof of the approval required by this subparagraph; and
(B) Any case where the Commissioner denies approval under subparagraph (a) (2) (A) of this Code section or an exemption under Code Section 30-3-6, shall be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facili ties under its jurisdiction. No construction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Section 30-3-3 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Section 30-3-3. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compli ance 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 government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsec tions (a) and (b) of this Code section and which are under the jurisdic tion of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Section 30-3-3 and unless the architect or engineer responsible for prepa ration of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Section 30-3-3. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compliance on the plans before starting construc tion. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of com pliance to be displayed on the plans before starting construction.
(d) In the performance of their responsibilities under this chapter, the Division of Rehabilitation Services of the Department of Human Re sources, or its successor, and appropriate elective or appointive officials of local governing authorities shall be required to cooperate with and assist

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421

the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or both, having juris diction over the buildings and facilities 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 and facilities in question shall inform in writing at least once every four years professional organizations and others of this chapter and its application.
(f) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings and facil ities in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including but not limited to 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 and facil ities in question, after consultation with the Division of Rehabilitation Services of the Department of Human Resources, or its successor, are also authorized 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 with ANSI Standard Al 17.1-1980.
30-3-5. (a) The Safety Fire Commissioner shall, after consultation with the Division of Rehabilitation Services of the Department of Human Resources, or its successor, promulgate rules, regulations, and procedures for the application of the ANSI Standard Al 17.1-1980 to buildings and facilities under the jurisdiction of the Safety Fire Commis sioner no later than July 1, 1985. The board of regents and the local governing authority having jurisdiction over the buildings and facilities subject to the requirements of this chapter shall adopt such rules, regula tions, and procedures promulgated by the Safety Fire Commissioner or, after consultation with the Division of Rehabilitation Services of the De partment of Human Resources, or its successor, promulgate rules, regu lations, and procedures not inconsistent in effect with those promulgated by the Safety Fire Commissioner no later than October 1, 1985.
(b) Regulations under subsection (a) of this Code section shall re quire necessary features consistent with ANSI Standard Al 17.1-1980 to ensure accessibility in newly constructed buildings and facilities and to renovated portions of existing buildings and facilities if such buildings or facilities are required by Code Section 30-3-3 to comply with ANSI Standard Al 17.1-1980. The regulations shall specify the numbers of ac cessible elements and spaces to be provided in buildings and facilities under their jurisdiction as well as those spaces and conditions under which any portion of such buildings need not be accessible. The imple menting regulations shall include, as a minimum, but not be limited to, specifications for the accessible elements and spaces as described in Sec tion 4 of the ANSI Standard Al 17.1-1980 and shall ensure that handi capped and elderly people have the same opportunities to use building

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and facility elements and spaces and to participate in programs and ac tivities as those afforded to other users of such buildings and facilities in accordance with the requirements of this chapter.
(c) The board of regents or local governing authority having juris diction over the buildings and facilities in question shall provide by regu lation for notice and opportunity for hearing in any case in which that board or that governing authority denies approval under subsections (b) and (c), respectively, of Code Section 30-3-4 or denies an exemption under Code Section 30-3-6.
30-3-6. The Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local gov erning authority having jurisdiction over the buildings and facilities in question upon receipt of a sworn 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 circum stances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impracti cal, whereupon there shall be substantial compliance with the remainder of standards or specifications to the maximum extent practical. Within 45 days of such determination a written record shall be made and a copy sent to the person who owns or controls the use of the building or facility by the Safety Fire Commissioner or, where applicable, the board of re gents or the local governing authority having jurisdiction over the build ings or facilities in question, setting forth the reasons why it is impracti cal for the person subject to this 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 particular standard or specification. The Safety Fire Commis sioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings or facilities in question shall be responsible for making a final determination as to whether or not an exemption shall be granted.
30-3-7. Any person, firm, or corporation who knowingly violates this chapter or who knowingly causes another person, firm, or corporation to violate this chapter shall be guilty of a misdemeanor."
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 41, nays 0, and the substitute was adopted.

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

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

FRIDAY, JANUARY 25, 1985

423

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Not voting were Senators Cobb and Land.

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 Harris of the 27th introduced the Chairman of the Macon Cherry Blos som Festival, Dr. R. Kirby Godsey, President of Mercer University, who briefly ad dressed the Senate.

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

SB 46. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that a notice of petition for probate in solemn form shall be served upon the beneficiaries under the will; to provide for all related matters; to provide for an effective date and for applicability.

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The Senate Committee on Judiciary offered the following substitute to SB 46:
A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that a notice of petition for probate in solemn form shall be served upon the beneficiaries under the will; 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 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, is amended by striking Code Section 53-3-13, relating to procedure for probate in solemn form, and in serting in its place a new Code section to read as follows:
"53-3-13. (a) Probate by the witnesses, that is, probate in solemn form, is the proving of the will, after due notice to all the heirs at law and beneficiaries under the will, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible, and the ordering to record of the will so proved; provided, however, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties noti fied. As to heirs at law and beneficiaries not effectively notified, probate in solemn form shall be as conclusive as if probate had been in common form.
(b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; and the names, ages, and ad dresses of the surviving spouse and of all the heirs at law and benefi ciaries under the will who are to be served, stating their relationship to the testator. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law and beneficiaries are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, the will may be admitted to record on proper proof, and letters may thereupon issue with out further delay.
(c) If a will or codicil is self-proved, compliance with signature re quirements and other requirements of execution is presumed for such in strument subject to rebuttal without the necessity of the testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto.
(d) For purposes of this Code section and other provisions of this article relating to giving notice of proceedings to probate in solemn form to beneficiaries under the will, such notice shall be given to:
(1) All named individual beneficiaries, other than trust benefi ciaries, who are sui juris and whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence;

FRIDAY, JANUARY 25, 1985

425

(2) All persons named to act as trustees under the will whose iden tity and whereabouts may be determined by the petitioner of the will in the exercise of reasonable diligence; and
(3) A guardian ad litem appointed by the court to act on behalf of all beneficiaries, other than trust beneficiaries, not named in paragraphs (1) and (2) of this subsection and all beneficiaries who are not sui juris. The sole responsibility of such a guardian ad litem shall be to protect the interests of such beneficiaries with respect to the granting of probate of the will. If the guardian ad litem determines that any such beneficiary's interest in not having the will admitted to probate outweighs the benefi ciary's interest in having the will admitted to probate, the guardian ad litem shall so notify the court and a separate guardian ad litem shall be appointed for such beneficiary. In any case the responsibility of a guard ian ad litem appointed under this Code section shall terminate when pro ceedings to grant or deny probate of the will are terminated. The probate court may, on motion, modify the service required by this Code section in the case of numerous legacies of nominal value in any such manner as the court deems proper.
(e) If any previous proceedings to probate a different will of the same decedent have been instituted, then such proceedings shall be iden tified in the petition and the beneficiaries under such other will shall be served in the same manner as beneficiaries under the will sought to be probated."
Section 2. Said article is further amended by striking subsection (i) of Code Section 53-3-14, relating to notice of probate in solemn form, and in serting in its place a new subsection to read as follows:
"(i) Where personal service is required by this Code section, unless otherwise directed by the probate court, notice of petition for probate in solemn form may be served instead by registered or certified mail if the petitioner so requests in the petition. The judge of the probate court or the judge's clerk shall cause a copy of the petition and citation to be sent by registered or certified mail to the heirs at law of the testator and beneficiaries under the will for whom addresses are set forth in the peti tion and to any guardian ad litem appointed to represent any such heirs or beneficiaries. Service by registered or certified mail pursuant to this subsection shall be made with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by that addressee and received by the court at least ten days before probate is to be made, service shall be made as otherwise required by this Code section."
Section 3. Said article is further amended by striking subsection (a) of Code Section 53-3-17, relating to procedure for probate of nuncupative wills, and inserting in its place a new subsection to read as follows:
"(a) Upon the filing of a petition for probate of a nuncupative will, the notice required for probate of other wills in solemn form shall be given to the heirs at law and beneficiaries under the will."
Section 4. Said article is further amended by striking Code Section 53-

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3-19, relating to appointment of guardians ad litem, and inserting in its place a new Code section to read as follows:
"53-3-19. If any of the heirs or beneficiaries under the will are mi nors or of unsound mind, guardians ad litem shall be appointed by the court. Absent such appointment, the probate shall not be conclusive as to them."
Section 5. This Act shall become effective July 1, 1985, and shall apply to proceedings commenced on or after that date.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Greene

Harrison

Starr

Land

On the passage of the bill, the yeas were 51, nays 0.

FRIDAY, JANUARY 25, 1985

427

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

Senator Dean of the 31 st moved that the following -bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, re lating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and eld erly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and compo nents thereof to comply with certain standards.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 20 was immediately transmitted to the House.

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

SB 75. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposi tion of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determin ing the appropriate sentence.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

428
Hudgins Huggins Kennedy !LCaldndgfford,
McKenzie Peevy

JOURNAL OF THE SENATE

Perry Phillips Ray
R_ eddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Tolleson
T_rulock Turner Tysinger Walker

Those not voting were Senators:

Barker Cobb

Land

Timmons

On the passage of the bill, the yeas were 52, nays 0.

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

SB 87. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide for postjudgment discovery in aid of judgments in the magistrate court.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Coleman
Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hine Horton
Howard

Hudgins Huggins Kennedy Kidd Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th
Stumbaugh

FRIDAY, JANUARY 25, 1985

429

Tale Timmons

Tolleson Trulock

Those not voting were Senators:

Turner Tysinger

Brown of 47th Cobb Harris

Holloway Land McKenzie

Starr Walker

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

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

SB 88. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Cobb Engram

Holloway Land

McKenzie

On the passage of the bill, the yeas were 51, nays 0.

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

SB 105. By Senators Timmons of the 11th, Turner of the 8th, Trulock of the 10th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide that service in the General Assem bly rendered after a certain date may be counted as full creditable ser vice only under the Georgia Legislative Retirement System.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Garner.

Those not voting were Senators:

Brannon Cobb

Engram Land

McKenzie Starr

FRIDAY, JANUARY 25, 1985

431

On the passage of the bill, the yeas were 49, nays 1.

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

The President announced that the Senate would stand in recess from 10:38 o'clock A.M. until 12:00 o'clock Noon.

At 12:15 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 report of the Committee of Conference on the follow ing bill of the House:

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropri ations for the State Fiscal Year 1984-85.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 1. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85, so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1984-85.

The Conference Committee report on HB 1 was as follows: The Committee of Conference on HB 1 recommends that both the Sen-

432

JOURNAL OF THE SENATE

ate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1 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. Phillips Representative, 120th District

Conference Committee substitute to HB 1:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," ap proved April 6, 1984 (Ga. L. 1984, p. 1502), so as to change certain appro priations for the State Fiscal Year 1984-85; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1984-85, known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), is amended by striking everything following the enacting clause, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1984, and ending June 30, 1985, as prescribed hereinafter for such State Fiscal Year, from funds from the Fed eral Government and the General Funds of the State, including unappropri ated surplus, reserves and a State fund revenue estimate of $4,302,000,000 for State Fiscal Year 1985.

PART I. LEGISLATIVE BRANCH

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

17,273,334 17,273,334 17,273,334

FRIDAY, JANUARY 25, 1985

433

State Funds Budgeted ................... $ 17,273,334

Budget Unit Object Classes: Operations ............................. $ 17,273,334

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.

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JOURNAL OF THE SENATE

Section 2. Department of Audits.
Budget Unit: Department of Audits .
1. Operations .......... Total Funds Budgeted State Funds Budgeted
2. Tax Ratio Study ..... Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes:
Operations ............... Tax Ratio Study .......... Authorized Motor Vehicles Total Positions Budgeted

$ 6,546,504

7,779,676 . $ 7,779,676 . $ 6,196,504

350,000

.$

350,000

.$

350,000

7,779,676 350,000 31 190

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.
Budget Unit: Supreme Court .
Court Operations............ Appellate Court Reports .....

$ 3,072,016
$ 2,906,616 $ 165,400

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.

Section 4. Court of Appeals. Budget Unit: Court of Appeals . .

$ 3,337,970

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.

FRIDAY, JANUARY 25, 1985

435

Section 5. Superior Courts.

Budget Unit: Superior Courts .............. $ 25,583,882

Operation of the Courts ................... $ Prosecuting Attorneys' Council ............. $ Sentence Review Panel ....................$ Council of Superior
Court Judges .......................... $ Judicial Administrative
Districts .............................. $ Habeas Corpus Clerk ..................... $

24,357,703 498,713 110,763
54,502
541,766 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 with less than five years of experience to attend the Judi cial College.

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .............. $

129,968

436

JOURNAL OF THE SENATE

For the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 7. Institute of Continuing Judicial Education.
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 ................. $

553,148 469,180
65,000 18,968

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

For the cost of operating the Judicial Qualifications Commission.

FRIDAY, JANUARY 25, 1985

437

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ..........

$ 32,749,793

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

248,036 6,551 2,600
105
15,593 3,670 15,000 291,555 291,555
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 ................ $ Health Planning Review Board Operations ...................... $ Georgia Golf Hall of Fame Operations ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,338,260 108,369 14,545 ---0-- 12,000 1,300 23,600 231,927 23,825 ---0--
1,340,000
807,220
850,000
65,810
20,000 4,836,856 4,836,856
42

438

JOURNAL OF THE SENATE

3. Treasury and Fiscal Administration Budget:
Personal Services ................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Equipment Purchases . . Publications and Printing ............ Equipment Purchases ............... Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ...... 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
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 ......

1,053,506 24,480 6,000 --0-- 49,500 336
5,989,258 79,050 18,273 103,125 11,552
608,800 7,943,880 5,962,180
30

1,450 4,000 69,324
800 6,517,830
7,328,655 7,328,655
--0-- 19

$ 1,373,167

$ 106,782

$

10,450

$

__Q__

$

49,800

$$

2,100 247,700

$$$

199,749 37,335 --0--

FRIDAY, JANUARY 25, 1985

439

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

2,027,083 2,027,083
53

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

317,196 5,950 6,550 --0-- 10,300 200 25,800 40,734 37,654 ---0--
444,384 444,384
--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

302,686 7,288 6,000 ---0-- 400 3,764 4,000 25,650 7,319 --0-- --0--
357,107 357,107
12

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

17,249,921 1,274,975
60,000 ---0-- 51,000 160,000 164,400 15,991,318 1,784,023 314,481
1,981,700

440

JOURNAL OF THE SENATE

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
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 .... Direct Payments to Georgia
Building Authority for Capital Outlay................. Total Funds Budgeted ............ Total Expenditures Authorized ..... State Funds Budgeted ............ Total Positions Budgeted
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 ..... Total Funds Budgeted ............ Total Positions Budgeted
11. Printing Services Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing..........

132,000 39,163,818 39,163,818 13,275,012
596
581
454,073 1,433,020
208,000 8,050 4,500 --0-- 720
2,500
15,000 2,125,863 2,125,863
24
3,204,920 358,000 11,000 89,000 59,000 60,875 208,800 197,498
5,000 29,441,872 33,635,965 33,635,965 6,000,000
120
1,530,655 1,566,650

FRIDAY, JANUARY 25, 1985

441

Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted ................... $ Total Positions Budgeted
12. Surplus Property Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
13. Mail and Courier Services Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ..................... $ Materials for Resale ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted
14. Risk Management Services Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

112,000 3,900
177,312 --0--
975,000 --0--
4,385,517 4,385,517
--0-- 69
797,072 275,980 24,400
--0-- 17,500 2,700 4,080 --0-- 14,217 25,000 12,000 30,263 1,203,212 --0--
40
179,161 123,539
200
11,997
314,897 314,897
--0-- 10
670,108 45,078 33,500
8,000 3,800

442

JOURNAL OF THE SENATE

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
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................ Health Planning Review Board Operations .............. Georgia Golf Hall of Fame Operations ............... Total Positions Budgeted-- July 1, 1984 Total Positions Budgeted-- June 30, 1985 Authorized Motor Vehicles

1,800 87,500 69,378 13,665
35,000 967,829 967,829
--0-- 25
$ 29,059,198 $ 5,731,476 $ 175,045 $ 325,000
261,455 351,225 6,763,038 2,902,955 470,439 305,425 15,991,318 30,263
11,552
$ 1,981,700
$ 1,355,000
850,000
$ 807,220 $ 29,441,872 $ 7,517,830
608,800
65,810
20,000
1,057
1,042 286

FRIDAY, JANUARY 25, 1985

443

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

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

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

444,384 39,163,818
2,125,863 33,635,965
4,385,517 .79,755,547

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 finan cial audit of the Department of Administrative Services.

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

B. Budget Unit: Georgia Building Authority . . $

--0--

Georgia Building Authority Budget:

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

13,043,220 3,017,000
4,000 8,000 22,000 92,720
43,737 70,900 113,000 2,990,000 829,600 6,512,000

444

JOURNAL OF THE SENATE

Payments to DOAS for General Obligation Debt
Sinking Fund .......... Facilities Renovations
and Repairs ...........
Total Funds Budgeted .... State Funds Budgeted ... Total Positions Budgeted Authorized Motor Vehicles

The expenditure object amounts displayed above represent 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.
The Authority is authorized and directed to use $590,000 of existing reserves to fund the capital projects contained in the Governor's amended budget report.
Provided, however, the Georgia Building Authority is authorized and directed to utilize up to $317,000 in existing reserves to prepare for occupancy of the Floyd Building by the Department of Natural Resources.

Section 11. Department of Agriculture.
A. Budget Unit: Department of Agriculture.
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 ......................

$ 24,431,009
21,087,346 2,162,436
825,850 473,868 566,760 108,318 165,063 598,257 332,409 265,272 526,000
1,595,588
1,191,357 510,000

FRIDAY, JANUARY 25, 1985

445

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

58,000 40,000 95,000
286,000
475,000 100,000
60,000 31,522,524 24,431,009
903 271

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Agriculture Functional Budgets

Total Funds

Plant Industry .......... $ 4,598,283

Animal Industry ........ $ 5,046,591

Marketing.............. $ 1,455,102

General Field Forces..... $ 2,593,221

Internal Administration . . $ 2,898,549

Information and Education $ 1,195,818

Fuel and Measures ...... $ 1,930,937

Consumer Services ...... $ 859,116

Consumer Protection

Field Forces .......... $ 3,965,498

Meat Inspection.

3,310,469

Major Markets .

3,445,462

Seed Technology

223,478

Undistributed . .

Total ..........

31,522,524

State Funds Pos.

$ 4,034,046

171

4,695,712

57

1,442,102

41

2,593,221

107

2,828,065

55

1,195,818

8

1,926,937

71

859,116

27

3,105,517

130

1,320,067

122

430,408

106

8

0

24,431,009

903

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.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
Provided, that of the above appropriation relating to Renovation, Construction, Repairs and Maintenance

446

JOURNAL OF THE SENATE

Projects at Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).
It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers.
Provided however, of the above appropriated amount, $25,000 is designated and committed for 'onfarm' testing for brucellosis in cattle to be transported out of Georgia.
Provided, that the Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for ex port swine and cattle only, which fees shall be reasonable.
B. Budget Unit: Georgia Agrirama Development Authority. ................. $
Georgia Agrirama Development Authority Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ..... $ 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

--0--
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 ...........

3,971,176
3,102,489 137,610

FRIDAY, JANUARY 25, 1985
Travel ......................... Motor Vehicle Equipment Purchases Publications 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

447
275,000
134,850 13,830 7,100 116,059 143,200 39,038
2,000
3,971,176 3,971,176
102 21

The expenditure object amounts displayed above represent the budget unit object totals.

Section 13. Department of Community Affairs.

A. Budget Unit: Department of Community Affairs ..................... $ 6,161,697

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

3,944,824 146,310 185,150 ---0-- 62,400 950 25,000 255,708 99,948
54,021,040 --0--
1,282,500 1,177,480
91,027
36,000,000
1,000,000 100,000 155,000
350,000 98,897,337 6,161,697
118 7

448

JOURNAL OF THE SENATE

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Community Affairs Functional Budgets

Total Funds

Executive and

Administrative ........ $ 3,697,699

Technical Assistance... $ 2,035,376

Community and Economic

Development......... $ 37,320,742

Intergovernmental

Assistance............ $ 858,176

Job Training

Partnership Act ...... $ 54,985,344

Undistributed ........... $

--0--

Total .................. $ 98,897,337

State Funds Pos.

$ 3,624,299

18

$ 952,358

26

$ 926,801

30

$ 658,239

17

$

--0--

27

$

--0--

0

$ 6,161,697

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

--0--

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

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 --0-- 82 29

FRIDAY, JANUARY 25, 1985

449

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

Budget Unit Object Classes:

Personal Services ..................... .... $

Regular Operating Expenses .......... .... $

Travel ..............................

$

Motor Vehicle Equipment Purchases .... .... $

Publications and Printing .............. .... $

Equipment Purchases ................. .... $

Computer Charges ................... .... $

Real Estate Rentals .................. .... $

Telecommunications .................. . ... $

Per Diem, Fees and Contracts ......... .... $

Rental Assistance Payments ........... .... $

Grants to Housing Sponsors ........... .... $

Total Funds Budgeted ................

$

State Funds Budgeted ................ .... $

Total Positions Budgeted

Authorized Motor Vehicles

215,000 5,500 8,000
__Q__
9,500
20,000 15,000 7,000 70,000 350,000 --0--
4
2,017,630 238,466 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 . . . Publications and Printing............. Equipment Purchases ................ Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Total Funds Budgeted ............... State Funds Budgeted ...............

$ 7,030,540
6,076,054 308,957 174,500 70,000 125,866 46,918 313,020 469,325 114,377 42,250
7,741,267 7,030,540

450

JOURNAL OF THE SENATE

Total Positions Budgeted

249

Authorized Motor Vehicles

57

The expenditure object amounts displayed above represent the budget unit object totals.

Office of Comptroller General Functional Budgets

Total Funds Internal Administration . . $ 1,054,802 Insurance Regulation .... $ 1,917,174 Industrial Loans
Regulation ........... $ 472,911 Information and
Enforcement.......... $ 1,313,462 Fire Safety and Mobile
Home Regulations..... $ 2,982,918 Undistributed ........... $ Total .................. $ 7,741,267

State Funds Pos.

1,054,802

20

1,811,180

56

472,911

13

1,313,462

45

2,378,185

115

0

7,030,540

249

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 ............. $ Grants to Locals--
EMA (P&A).......................... $ 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 ....................... $

3,932,464
870,732 16,015 6,948 9,800 3,450 ---0-- 10,800 --0-- 2,059 10,000
1,075,000 2,004,804
787,656 22
1,080,139 105,216 37,953 ---0-- 22,806 15,100 9,581

FRIDAY, JANUARY 25, 1985

451

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Civil Air Patrol Contract.................. $ Local Civil Defense Grants--
Project Application ..................... $ Grants to Others ......................... $ 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..................

6,160 43,393 80,500 24,100 40,000
64,473 32,800 1,562,221 545,016
39
1,437,670 297,092 300 --0-- 600
784,860 --0--
2,520,522 320,109 68
1,727,909 577,564 3,700 9,000 14,300 17,810 --0-- --0-- 23,531 9,000 629,545 --0-- 18,000 435,000 969,000
4,434,359 2,279,683
84
5,116,450

452

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......................... Grants to locals--
EMA (P&A) .................. National Guard Units Grants ...... Georgia Military Institute Grant . . . Civil Air Patrol Contract.......... Capital Outlay................... Local Civil Defense Grants
Project Application ............. Grants to Others ................. Repairs and Renovations .......... Total Positions Budgeted Authorized Motor Vehicles

995,887 48,901 18,800 41,156 32,910 20,381 6,160 68,983 99,500 1,438,505
1,075,000 435,000
18,000 40,000
64,473 32,800 969,000
213 20

Section 16. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ...... $1,650,362,844

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

19,218,676 2,351,505
968,242
686,834 294,935 1,024,351 2,006,182 547,056 5,681,000 53,540

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a) ......................... $ 685,378,634
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 121,199,175
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 31,167,705

FRIDAY, JANUARY 25, 1985

453

Salaries of Student Supportive Personnel....
Salaries of Administrative and Supervisory Personnel ..............
Special Education Leadership Personnel ....
Instructional Media........ Instructional Equipment.... Maintenance and Operation. Sick and Personal Leave . . . Travel ................... Pupil Transportation ....... Isolated Schools ..........

$ 28,972,713
$ 77,014,378
3,493,971 20,479,344
708,726 97,849,235
5,653,832 1,039,465 87,294,814
602,042

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 98,876,322

Teacher Retirement ..................... $ 134,980,856

Instructional Services for

the Handicapped ..................... $ 22,688,125

Preparation of Professional

Personnel in Education

of Handicapped Children .............. $

95,075

Tuition for the Multi-

handicapped ......................... $ 1,172,000

Severely Emotionally

Disturbed ........................... $ 17,530,409

Compensatory Education ................ $ 17,893,010

School Lunch (Fed.).................... $ 94,136,740

School Lunch (State) ................... $ 18,033,177

Supplemental Education

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

--0--

Staff Development...................... $ 800,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 3,898,856

Cooperative Educational

Service Areas ........................ $ 4,233,967

Superintendents Salaries. ................ $ 5,394,221

High School Program ................... $ 34,030,844

Area School Program ................... $ 67,764,986

Career Education ...................... $

--0--

Junior College Program ................. $ 2,550,647

Refugee Children

Transition Act ....................... $

154,806

Quick Start ........................... $ 3,150,000

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

--0--

Special Projects ........................ $ 366,500

Job Training and

Partnership Act ...................... $ 7,000,000

454

JOURNAL OF THE SENATE

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

$$

830,618 3,564,404

$$$$$$$

4,780,493
4,008,314 671,240
2,816,840 2,061,822 10,412,655
41,834,058

$ 11,300,000

$ 7,807,000

$

---0--

$ 78,000,000
$ 350,000
$ 14,327,520
$ 13,000,000
$ 9,078,632 $1,933,280,492
$ 340,000 $1,650,362,844
658 6

The expenditure object amounts displayed above represent the budget unit object totals.

Education Functional Budgets

Total Funds Instructional Services .... $ 6,801,289 Governor's Honors Program$ 768,041 Vocational Education .... $ 5,640,774 Public Library Services .. $ 1,811,583 State Administration ..... $ 1,929,357 Administrative Services . . $ 9,761,738 Planning and Development $ 5,391,240 Professional Standards
Commission .......... $ 146,776 Vocational Advisory
Council .............. $ 185,607

State Funds Pos.

$ 3,957,125

168

753,041

2

2,219,268

98

886,655

42

1,470,967

31

5,410,301

209

4,500,020

97

$ 146,776

2

2

FRIDAY, JANUARY 25, 1985

455

Professional Practices Commission ......
Local Programs ... Undistributed ...... Total ..............

$ 395,916 $1,900,448,177
$1,933,280,492

$ 395,916

7

$1,630,622,775

0

0

$1,650,362,844 658

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

$

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

17,669,388
14,973,003 2,787,618
69,979 81,500 22,560 339,235 121,469 109,501 174,720 1,746,610 --0-- 20,426,195 17,669,388
678 80

The expenditure object amounts displayed above represent the budget unit object totals.

Institutions Functional Budgets

Total Funds

Georgia Academy for the

Blind ................ $ 3,780,634

Georgia School for the Deaf

................... $ 6,039,703

Atlanta Area School for the

Deaf ................ $ 2,781,250

North Georgia Vocational-

Technical School ...... $ 4,301,102

South Georgia Vocational-

Technical School ...... $ 3,523,506

Undistributed ........... $

--0--

Total .................. $ 20,426,195

State Funds Pos.

$ 3,455,660

147

$ 5,744,743

233

$ 2,516,462

100

$ 3,118,358

106

$ 2,834,165

93

$

0

$ 17,669,388

679

C. Budget Unit: Board of Postsecondary Vocational Education ............................. $

396,737

456

JOURNAL OF THE SENATE

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

332,651 73,419 13,200 --0-- 7,000 9,900 18,000 47,158 12,000 140,000 653,328 396,737
9

The expenditure object amounts displayed above represent 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-

FRIDAY, JANUARY 25, 1985

457

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 (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 $800,00 for Staff Development, $80,000 is designated

458

JOURNAL OF THE SENATE

and committed to fund a State level staff development program specifically for Special Education Teachers (Code Section 20-2-152) utilized in programs for intellec tually gifted students, and to assist in the development of a State program plan for gifted students by the State Su perintendent of Schools.
Provided, that of the above appropriations relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 202-181, and 20-2-18l(d)(2) for salaries, funds may be moved between said Sections by an amendment to the an nual operating budget during the final month of the State fiscal year with the prior approval of the Office of Plan ning and Budget.
Provided, that of the above appropriation relative to Compensatory Education, $17,893,010 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.
Provided further that Special Project Funds appro priated for Atkinson County shall not be used in the enti tlement calculations for school construction purposes.

FRIDAY, JANUARY 25, 1985

459

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 ......................... Benefits to Retirees............... Employer Contribution ............ Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

$ 10,467,714
671,838 13,623 8,500
20,000 4,500 146,447 74,046 12,318 436,800 50,000 2,125,000 8,342,714 11,905,786 10,467,714
28 1

The expenditure object amounts displayed above represent the budget unit object totals.

Section 18. Forestry Commission.
Budget Unit: Forestry Commission. .
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........... Contract--Southern Forestry World ................ Capital Outlay...................

$ 24,981,354
19,385,020 4,454,053
110,780 1,336,392
85,000 1,745,381
158,825 18,256 538,817 89,879 230,000
300,000 60,000 147,790
151,500

460

JOURNAL OF THE SENATE

Total Funds Budgeted .... State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

28,811,693 24,981,354
864 751

The expenditure object amounts displayed above represent the budget unit object totals.

Forestry Commission Functional Budgets

Total Funds Reforestation ........... $ 2,116,811 Field Services........... $ 24,884,730 Wood Energy........... $ 147,790 General Administration
and Support .......... $ 1,662,362 Undistributed ........... $
Total .................. $ 28,811,693

State Funds Pos.

528,008

36

22,658,594

794

147,790

4

1,646,962

30

0

24,981,354

864

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.........................
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

$ 21,620,785
14,329,974 1,576,374
465,125 725,500 86,950 513,960 2,423,042 665,895 903,558 24,225 350,000 90,480 62,140 803,562 23,020,785 1,400,000 21,620,785
480 299

FRIDAY, JANUARY 25, 1985

461

The expenditure object amounts displayed above represent the budget unit object totals.

Georgia Bureau of Investigation Functional Budgets

Total Funds Administration .......... $ 1,588,213 Drug Enforcement....... $ 3,840,503 Investigative ............ $ 8,106,031 Forensic Sciences........ $ 4,340,517 Georgia Crime Information
Center ............... $ 5,145,521 Undistributed ........... $ Total .................. $ 23,020,785

State Funds Pos.

$ 1,588,213

23

$ 3,840,503

64

$ 8,106,031

207

$ 4,340,517

90

$ 3,745,521

96

0

$ 21,620,785

480

Provided, however, the Georgia Bureau of Investiga tion is authorized to utilize $300,000 of excess bond pro ceeds for the GBI Headquarters Building, with the bal ance of bond proceeds to be applied to reduce bonded debt.

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

931,052 39,670 10,000 --0--
1,000 3,000 14,300 86,130 14,000 122,000 1,221,152 1,221,152 ---0--
25

The expenditure object amounts displayed above represent the budget unit object totals.

Section 21. Office of the Governor. A. Budget Unit: Governor's Office ............. $

5,308,275

462

JOURNAL OF THE SENATE

1. Governor's Office Budget:
Cost of Operations ........ Mansion Allowance........ Governor's Emergency Fund Intern Stipends and Travel . Total Funds Budgeted ..... State Funds Budgeted ....

2,059,090 40,000
2,515,000 122,000
4,736,090 4,736,090

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.
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..............

421,044 40,651 10,815
2,650 26,000
69,921 15,167 18,000 604,248 572,185
15
2,059,090 40,000
2,515,000 122,000 421,044 40,651 10,815
2,650

FRIDAY, JANUARY 25, 1985

463

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 .............. State Fair and Livestock
Exposition..................... Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

26,000 --0-- 69,921 15,167 18,000
15 1
3,787,917
2,895,679 87,830 65,600 --0-- 34,000 1,000 308,552 190,840 54,416
125,000 75,000 3,837,917 3,787,917
77 0

The expenditure object amounts displayed above represent 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 .................... $

4,252,051
39,600 8,108 9,900 1,468,806 489,982 36,100 2,333,985 1,716,699

464

JOURNAL OF THE SENATE

Total Positions Budgeted
2. Office of Consumer Affairs:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
3. State Energy Office Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
4. Governor's Committee on Post-Secondary Education Budget:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............. 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 .......

11
1,090,371 39,100 11,000 6,000 9,020 20,684 155,822 98,047 4,000
1,434,044 1,434,044
42
322,889 17,680 17,700 22,639 1,000
12,060 4,661,397 5,055,365
230,759 9
113,041 9,540 1,500
308,285 9,205

FRIDAY, JANUARY 25, 1985

465

Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ........... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
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

3,000 ---0--
700 2,000 15,000 20,828 5,865 75,500 440,383 440,383
10
194,865 11,200 8,575
28,768 4,241 15,700 267,984 267,984
5
2,294,327 95,078 45,035 --0-- 47,674 12,020 40,684 259,820 130,870
4,773,547 1,468,806
489,982 36,100
80 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.

466

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 represent the budget unit object totals.

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations .... $ 267,187,190

1. General Administration and Support Budget:

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

26,183,735 1,049,963 767,135 --0-- 201,810 122,394 1,293,386 3,235,169 623,565 9,495,126 178,150 599,850 915,248 376,000 1,066,000
215,000 46,322,531
638,300 --0--
23,209,219
1,655,800 20,819,212
965 7

General Administration and Support Functional Budgets

Total Funds Commissioner's Office.... $ 572,915 Administrative Appeals... $ 828,797

State Funds Pos.

$ 572,915

13

$ 828,797

25

FRIDAY, JANUARY 25, 1985

467

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

194,386 5,151,029 2,258,271
55,201
285,949 --0--
4,640,944
739,805 1,395,977 3,456,900 1,650,502
281,900
163,221 1,442,000
246,231
101,886
6,400 8,911,896
286,906 1,467,730
569,323
1,851,251 299,217 592,524
1,810,096 7,061,274
--0-- 46,322,531

$ 194,386

4

$ 5,093,537

47

$ 1,982,693

60

$ 55,201

4

$ 85,949

0

$ (5,366,124)

0

$ 3,667,001

11

$ 739,805

20

$ 1,395,977

43

$ 3,456,900

150

$ 1,650,502

47

$ 281,900

0

$ 163,221

4

$ 1,442,000

0

$

--0--

6

$ 101,886

3

$

640

0

$

-- 0--

12

$ 286,906

8

$ 1,435,730

53

$ 439,278

17

$ 589,933

54

$ 299,217

9

$ 443,514

21

$ 221,404

53

$ 756,044 301

$

--0--

0

$ 20,819,212 965

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 ............................

27,909,996
44,384,406 923,464 9,332 279,836 102,130 350,818 515,341 464,093
12,837,251

468

JOURNAL OF THE SENATE

Postage .................................$

78,621

Crippled Children Clinics ................. $ 517,572

Regional Grants for Prenatal and

Postnatal Care Programs ................ $ 3,879,000

Midwifery Program Benefits ............... $ 175,000

Crippled Children Benefits................. $ 4,354,000

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,105,400

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants .......................... $ 3,994,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

Contract with Emory University

for Cancer Research .................... $ 115,000

Contract with Auditory

Educational Clinic...................... $

78,000

Grant-In-Aid to Counties.................. $ 38,695,308

Contract with Emory University

for Arthritis Research .................. $ 210,000

Contract for

Scoliosis Screening ..................... $ 115,000

Family Planning Benefits .................. $ 301,530

Grants to Counties for Teenage

Pregnancy Prevention ................... $ 250,000

Grant to Counties for

Metabolic Disorders

Screening and Treatment................ $

45,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 5,500,000

Total Funds Budgeted .................... $ 148,937,098

Indirect DOAS Services Funding ........... $ 549,718

Agency Funds ........................... $ 71,052,283

State Funds Budgeted .................... $ 77,335,097

Total Positions Budgeted

1,072

Authorized Motor Vehicles

6

Public Health Functional Budgets

Director's Office........ Employee's Health ..... Health Program
Management ........ Vital Records.......... Health Services Research Primary Health Care ... Stroke and Heart Attack
Prevention........... Epidemiology .........

Total Funds $ 528,017 $ 263,242
784,127 1,206,865
508,223 518,522
1,569,287 811,458

State Funds Pos.

; 330,792

7

; 228,242

9

; 699,127

27

; 1,184,365

60

1 285,405

12

; 518,522

15

; 1,039,287

24

i 461,354

12

FRIDAY, JANUARY 25, 1985

469

Immunization ........... $ Sexually Transmitted
Diseases ............. $ Community Tuberculosis
Center ............... $ Family Health
Management ......... $ Infant and Child Health . $ Maternal Health-Perinatal $ Family Planning ........ $ Malnutrition............ $ Dental Health .......... $ Children's Medical
Services.............. $ Chronic Disease ......... $ Diabetes ............... $ Cancer Control ......... $ Coordination, Education
and Prevention ........ $ Environmental Health .... $ Laboratory Services. ..... $ Emergency Health. ...... $ Minimum Foundation ... $ Newborn Follow Up Care $ Sickle Cell, Vision
and Hearing .......... $ High Risk Pregnant Women
and Infants ........... $ Grant in Aid to Counties . $ Teenage Pregnancy
Prevention............ $ Community Care ........ $ Undistributed ........... $ Total .................. $

370,568
1,331,798
1,179,799
6,618,838 5,422,611
242,929 7,719,440 47,794,284 1,291,988
7,050,238 1,590,914
388,051 2,862,394
341,696 868,259 4,068,525 2,040,717 7,301,540 499,231
963,511
4,504,808 36,979,622
250,000 1,065,596
--0-- 148,937,098

$

--0--

10

$ 293,999

33

$ 1,065,207

27

$ 965,177

22

$ 5,305,111

14

5

S 2,863,178

185

$

_O_

28

$ 1,081,813

20

$ 4,271,738

87

$ 1,590,914

20

$ 302,746

4

$ 2,862,394

6

$

$ 329,487

$ 3,403,227

121

$ 980,217

22

$ 7,171,865

189

$ 316,281

22

$ 963,511

15

$ 4,504,808

19

$ 33,616,769

0

$ 250,000

0

$ 449,561

43

$

0

$ 77,335,097 1,072

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 ...... .... $

4,191,946 113,640 123,000
40,200 2,669 1,545,957
240,223 191,000
1,060
70,000 6,519,695
15,000

470

JOURNAL OF THE SENATE

Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted

1,000,197 449,354
5,055,144 127

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,958,393

MH/MR Advisory Council $

36,036

Special Projects

and Contracts. ........$

51,434

Program Coordination ....$ 2,473,832

Undistributed ........... $

--0--

Total .................. $ 6,519,695

State Funds Pos.

$ 2,817,530

63

$ 36,036

1

$

--0--

2

$ 2,201,578

61

$

--0--

0

$ 5,055,144

127

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.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

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 21,902,241 --0-- --0-- 479,964 16,280,960 38,663,165 9,309,544
15,065,140 14,288,481
0 111

Purchase of Social Services Functional Budgets

Total Funds

Work Incentive Benefits . . $ 2,396,612

Legal Services .......... $ 574,000

Family Foster Care.... $ 12,899,683

Institutional Foster Care . $ 1,813,012

Specialized Foster Care . . $ 317,793

Adoption Supplement .... $ 820,800

Liability Insurance ...... $

16,000

Emergency Shelter Care . $

99,400

Day Care ..............$ 18,669,068

State Funds Pos.

$ 239,661

0

$ 349,000

0

$ 8,218,253

0

$ 1,014,102

0

$

23,500

0

$ 789,200

0

$

16,000

0

$ 99,400

0

$ 3,113,916

0

FRIDAY, JANUARY 25, 1985

471

Psychiatric, Psychological

and Speech Therapy ... $ 130,000

$ 130,000

Maternity Care ......... $

50,000

$ 50,000

Return of

Runaways--County.... $

7,000

$

7,000

Home

Management--Contracts $ 161,912

$ 33,728

0

Outreach--Contracts .... $ 670,885

$ 167,721

0

Special Projects ........ $

37,000

$ 37,000

0

Undistributed ........... $

--0--

$

--0--

0

Total .................. $ 38,663,165

$ 14,288,481

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

1,216,928 27,855 27,965 --0-- 6,050 1,693 60,000 --0-- 29,795 53,500
1,423,786
1,423,786 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 ........................... $

1,747,219 38,294 52,275
26,000 6,546
800 11,467 44,162 22,929,371
2,938,465 1,700
27,796,299
2,998,100 18,888,022

472

JOURNAL OF THE SENATE

State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

5,910,177 61 224

Services to the Aged Functional Budgets

Total Funds Administration and
Planning ............. $ 2,804,201 Aging Services .......... $ 20,999,100 Alternative Health Services $ 3,992,998 Undistributed ........... $ Total ............... $ 27,796,299

State Funds Pos.

$ 724,268

42

$ 1,832,400

0

$ 3,353,509

19

0

$ 5,910,177

61

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 .................................$
Institutional Repairs and Maintenance....................... $
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
Industries ............................. $ Contract with
RCW Industries, Inc. ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $
State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

21,609,831 1,064,849 543,900 14,500 59,100 17,067 750,763 936,029 554,082 824,772 212,300 87,900
155,000 239,000
4,075,000 65,000
9,202,500 75,000
110,000
143,000 40,739,593
50,000 29,769,059 10,920,534
806 24

FRIDAY, JANUARY 25, 1985

473

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

and Support ......... . $ 2, 586,751

Grants Management .... . $ 552,984

Atlanta Rehabilitation

Center .............. . $ 1,913,608

Alto Rehabilitation Center $ 286,121

Rehabilitation Center for

the Deaf--Cave Spring $ 574,746

Central Rehabilitation

Center .............. . $ 510,435

Georgia Vocational

Adjustment Center--

Gracewood .......... . $ 382,768

Ireland Rehabilitation

Center .............. . $ 350,997

M. S. McDonald

Evaluation Center .... . $

165,703

J. F. Kennedy Center . . . . $ 412,641

Production Workshop . . . . $ 867,465

District Field Services . . . . $ 26, 849,838

Independent Living ..... . $ 229,364

Sheltered Employment . . . $ 981,172

Community Facilities . . . . $ 3, 750,000

Bobby Dodd Workshop . . . $ 325,000

Undistributed .......... . $

Total ................. . $ 40,739,593

State Funds Pos.

$ 917,262

50

$ 463,214

2

$ 407,108

70

$

61,729

10

$ 244,266

16

$ 110,290

19

$

82,446

17

$

73,995

13

$

35,599

6

$

89,798

17

$

0

$ 5,501,011

564

$ 229,364

7

$ 471,952

15

$ 1,907,500

0

$

325,00

0

$

0

$ 10,920,534

806

8. Roosevelt Warm Sf>rings Rehabilitation In:stitute:

Personal Services . . Regular Operating Expenses Travel ........... Motor Vehicle Eauiioment 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

9,065,059 1,573,400
46,000 39,400 15,000 128,132 61,000
164,485 1,109,900
475,000 13,000 25,000
12,715,376 50,000
8,941,109 3,724,267
434 24

474

JOURNAL OF THE SENATE

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

Administration.......... $ 4,935,661

Rehabilitation Services ...$ 7,779,715

Undistributed........... $

--0--

Total ................. $ 12,715,376

State Funds Pos.

$ 2,362,097

145

$ 1,362,170 289

$

--0--

0

$ 3,724,267 434

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

3,681,262 5,175,048
16,500 --0-- 6,300 95,000 63,696 --0-- 26,900 96,950 112,200 5,200 --0-- 9,279,056 8,846,694 432,362
29 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations ............. $ 8,846,694

Supervision............. $ 432,362

Undistributed ........... $

--0--

Total .................. $ 9,279,056

State Funds Pos.

$

--0--

11

$ 432,362

18

$

--0--

0

$ 432,362

29

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

10,194,033 207,813 29,700 --0-- 49,800 14,350 427,524 575,681 455,200 825,225 --0-- 203,000
9,582,679

FRIDAY, JANUARY 25, 1985
Total Funds Budgeted . . Agency Funds ......... State Funds Budgeted . . Total Positions Budgeted
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......................... Postage ......................... AFDC Benefits .................. Local Services Benefits
Payments Grants ............... Grants to Counties for
Social Services................. SSI--Supplement Benefits ........ Grants to Fulton County for
24-hour Emergency Social Services....................... Homemaker Meals ............... Chatham County Homemaker Project ....................... Douglas County Homemaker Project ....................... Fulton County Homemaker Project . Total Funds Budgeted ........... Agency Funds ................... Indirect DOAS Services Funding . . . Social Services Block Grant Funds ............. State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

475
22,565,005 22,565,005
420

$ 10,679,279 $ 15,299,773 $ 444,400

$ 792,380

$

7,200

$ 9,703,059

$ 191,895

$ 6,209,786

$ 956,225

$

12,200

$ 1,017,800

$ 201,965,797

$ 65,371,047

$ 50,129,142

$

3,500

197,042 102,038
481,755
147,541 312,123 364,023,982 215,837,320 2,118,785
18,789,747 127,278,130
373 1

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits ....... $ 1,082,965

AFDC Payments ........ $ 201,965,797

SSI--Supplement Benefits $

3,500

Energy Benefits ......... $ 14,500,000

State Funds Pos.

$

--0--

0

$ 65,780,246

0

$

3,500

0

$

--0--

0

476

JOURNAL OF THE SENATE

Local Services--

Benefits Payments

Grants ............... $ 65,371,047

Grants to Counties

for Social Services..... $ 50,129,142

Food Stamp Issuance .... $ 2,201,210

Grants to Fulton County

for 24-hour Emergency

Services ..............

197,042

Homemaker Projects.....

1,043,457

Director's Office.........

509,056

Administration

and Management...... $ 4,411,794

District Administration . . . $ 3,648,036

Program Planning

and Development...... $ 6,177,784

Management Information

Systems.............. $ 11,871,206

Child Development

Administration ........ $ 911,946

Indirect Cost ...........

Undistributed ...........

-0--

Total .................. $ 364,023,982

$ 32,608,815

$ 19,966,560

$

--0--

$ 197,042

0

$ 462,057

0

$ 509,056

7

$ 3,117,287

113

$ 3,648,036

101

$ 2,891,508

73

$ 4,490,067

52

$ 911,946

27

$ (7,307,990)

0

0

$ 127,278,130

373

Budget Unit Object Classes:

Personal Services ......................... $ 116,479,288

Regular Operating Expenses ............... $ 68,935,041

Travel ..................................$ 2,974,339

Motor Vehicle Equipment Purchases ........ $

63,232

Publications and Printing .................. $ 1,476,476

Equipment Purchases ..................... $ 497,181

Computer Charges ....................... $ 14,257,003

Real Estate Rentals ...................... $ 5,465,582

Telecommunications ...................... $ 3,558,730

Per Diem, Fees and Contracts ............. $ 76,475,122

Utilities .................................$ 989,850

Postage .................................$ 2,008,131

Capital Outlay........................... $ 915,248

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.................. $ 38,695,308

Work Incentive Benefits ................... $ 479,964

FRIDAY, JANUARY 25, 1985

477

Grants to Fulton County

for 24-Hour Emergency

Social Services ......................... $ 197,042

Benefits for Child Care ................... $ 17,346,960

Homemaker Meals ....................... $ 102,038

Chatham County

Homemaker Project .................... $ 481,755

Douglas County

Homemaker Project .................... $ 147,541

Fulton County Homemaker Project ......... $ 312,123

Grants for Nephrology Centers ............. $ 239,000

Case Services ............................ $ 18,810,179

E.S.R.P. Case Services .................... $

75,000

SSI-Supplement Benefits .................. $

3,500

AFDC Benefits .......................... $ 201,965,797

Local Services Benefits

Payments Grants ....................... $ 65,371,047

Grants to Counties for Social

Services ...............................$ 50,129,142

Contract with Vocational

Rehabilitation Community

Facilities .............................. $ 4,075,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Contract with the

Affirmative Industries ...................$ 110,000

Institutional Repairs

and Maintenance....................... $ 155,000

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

Contract--Cancer Research

at Emory ............................. $ 115,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 5,500,000

Contract with

RCW Industries, Inc. ................... $ 143,000

Grants to Counties for

Metabolic Disorders

Screening and Testing .................. $

45,000

Payments to DMA ....................... $ 2,938,465

Contract with

Housing Alternatives ................... $

70,000

478

JOURNAL OF THE SENATE

Contract with Auditory Educational Clinic...................... $
Total Positions Budgeted

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other pur pose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to oper ate the Hemophilia Program in Augusta.

Provided that no State funds shall be used for adver tising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than adver tising.

There is hereby appropriated $65,780,246 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 Need

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

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 dards of need.
Provided, that of the above appropriation, $143,000 is designated and committed to operate the RCW Indus tries, Inc.
Provided, however, it is the intent of this General

78,000 4,325

FRIDAY, JANUARY 25, 1985

479

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 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-

480

JOURNAL OF THE SENATE

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 expended 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 ..................... $

562,564
688,463 4,184 5,000 2,600 --0--

FRIDAY, JANUARY 25, 1985

481

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

21,000 80,473 26,373 113,322 4,000 981,415

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

688,463 40,184
5,000 2,600 --0-- 21,000 80,473 26,373 113,322 4,000
21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................. $ 306,849,860

Departmental Operations:

Personal Services ......................... $ 249,690,558

Regular Operating Expenses ............... $ 27,984,038

Travel..................................$ 581,787

Motor Vehicle Equipment Purchases ....... $ 745,391

Publications and Printing .................. $

62,950

Equipment Purchases ..................... $ 1,846,200

Computer Charges ....................... $ 2,094,127

Real Estate Rentals ...................... $ 470,497

Telecommunications ...................... $ 2,412,668

Per Diem, Fees and Contracts ............ $ 3,244,864

Utilities.... ............................. $ 15,828,651

Postage .................................$ 213,951

Capital Outlay........................... $ 1,739,717

Institutional Repairs

and Maintenance....................... $ 798,000

Authority Lease Rentals .................. $ 2,464,752

Grants to County-Owned

Detention Centers ...................... $ 2,100,020

Drug Abuse Contracts .................... $ 980,656

Day Care Centers for the

Mentally Retarded ..................... $ 53,670,898

482

JOURNAL OF THE SENATE

MR Day Care Center Motor Vehicle Purchases ...........
Supportive Living Staff ........ Supportive Living Benefits ...... Georgia State Foster
Grandparent/Senior Companion Program ......... Community Mental Health Center Services ............. Project Rescue................ Project ARC ................. Project Friendship............. Group Homes for Autistic Children............ Uniform Alcoholism Projects ... Child Care Benefits ........... Community Mental Retardation Staff. .......... Community Mental Retardation Residential Services ......... Lumpkin Area Individual Living, Inc.................. Total Funds Budgeted ......... Agency Funds ................ Indirect DOAS Services Funding Social Services Block Grant Funds .......... State Funds Budgeted ......... Total Positions Budgeted
Authorized Motor Vehicles

602,160 1,466,894 6,025,449

551,920

$$$$

65,182,988 305,752 191,794
257,442

$ 280,324

$$

2,768,545 16,000

$ 3,400,275

$ 12,290,516

$$$$

26,800 460,296,584 123 ,668,787
1 ,625,000

$$

28 ,152,937 306,849,860

12.633/

12,576

1,549

The expenditure object amounts displayed above represent the budget unit object totals.

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta . $ 12,246,858 Georgia Regional
Hospital at Atlanta .... $ 15,877,776 Georgia Regional
Hospital at Savannah . . $ 12,645,587 West Central Georgia
Regional Hospital ..... $ 10,612,891 Northwest Regional
Hospital at Rome ..... $ 16,860,423 Gracewood State School
and Hospital.......... $ 34,937,268

State Funds
$ 10,408,072 $ 12,618,929 $ 11,114,620 $ 8,794,290 $ 12,700,330 $ 21,202,763

Pos. 501 637 509 420 690 1.546/ 1,532

FRIDAY, JANUARY 25, 1985

483

Southwestern State Hospital ..........

$ 24,244,243

Georgia Retardation Center ...........
Georgia Mental Health Institute ....
Central State Hospital

$ 22,943,631
15,415,510 93,391,601

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 . . . Community Mental Retardation Staff. .... $ Community Mental Retardation Residential Services $ Group Homes for Autistic Children ...... Project Rescue .......... Drug Abuse Contracts . . . Project ARC ........... Project Friendship ....... Community Mental Health Center Services ....... $ Uniform Alcoholism Projects .............. Central Laboratory ...... Lumpkin Area Individual Living, Inc............ State Youth Development Centers . . $ Regional Youth Development Centers . . $ Group Homes........... $ Day Centers ............ $ Community Treatment Centers .............. $ Court Services .......... $ Runaway Investigations $ Interstate Compact ...... $ Purchase of Services .... $

6,196,436
1,161,804
1,768,113 123,091
1,342,680
54,231,690 7,485,173
551,920
3,394,844
12,289,774
280,324 305,752 980,656 191,794 257,442
65,077,271
2,768,423 266,728
26,800
17,901,807
12,303,779 507,260 690,139
1,936,062 6,466,011
395,993 81,807
1,932,241

$ 15,937,115

$ 13,519,441 $ 13,115,657 $ 66,779,990

$ 6,139,536

$ 1,161,804

$$

1,768,113 123,091

$ 649,540

$ 21,256,459 $ 4,222,917

1,104/ 1,089
880
533 3,862/ 3,830
221
40
62 3
44
0 0

$ 551,920

0

$ 2,400,537

0

$ 7,805,571

0

$ 280,324

0

$$

142,752 980,656

0 0

$$

191,794 257,442

0 0

$ 29,215,696

0

$$

1,880,634 --0--

0 6

$ 26,800

0

$ 17,418,904

742

$ 12,043,635

416

$s

507,260 690,139

19 24

$ 1,936,062

73

$ 6,466,011

260

$$$

395,993 81,807 1,858,274

15
3 17

484

JOURNAL OF THE SENATE

Assessment and Classification ......... $ 204,982
Total .................. $ 460,292,584

$ 204,982

10

$ 306,849,860 12,622/

12,576

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 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

FRIDAY, JANUARY 25, 1985

485

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 $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, not more than $25,000 is to be expended for administrative cost of the program.
Provided, however, the Department is authorized and directed to utilize $3,007,600 of available surplus and reserves of the Georgia Building Authority (Hospi tal) to fund major maintenance and repairs and capital outlay projects at Atlanta Regional Hospital ($273,000), Georgia Retardation Center ($885,000), Gracewood State School and Hospital ($980,600), Georgia Mental Health Institute ($58,000), Augusta Regional Hospital ($700,000), and Southwestern State Hospital at Bainbridge ($111,000), and the Georgia Building Authority (Hospital) is authorized to make $3,007,600 of surplus and reserves available for the aforementioned purposes.
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.

486

JOURNAL OF THE SENATE

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............................. $ 11,912,876

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

4,642,179 715,763 287,100 13,000 291,650 63,669 92,325 273,085 157,439 166,850 145,000 130,000
1,283,000
2,735,000
6,144,392
50,000
25,000 50,000 20,000
1,372,000
51,500
25,000
12,500 18,746,452 11,912,876
194 21

The expenditure object amounts displayed above represent the budget unit object totals.

FRIDAY, JANUARY 25, 1985

487

Department of Industry and Trade Functional Budgets

Industry ............. Research ............. Tourism--Promotional . Tourism--Welcome
Centers ............ Internal Administration International.......... Advertising ........... Undistributed ......... Total ................

Total Funds $ 748,886 $ 456,475 $ 1,199,990
2,170,230 11,921,928
965,943 1,283,000
$ 18,746,452

State Funds Pos.

$ 748,886

18

$ 456,475

14

$ 1,199,990

27

2,070,230

93

5,188,352

25

965,943

17

1,283,000

0

0

11,912,876

194

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

5,015,711 2,292,136
42,000 --0-- 36,000 50,000 18,000 --0-- 80,160 339,600
1,416,000 9,289,607
--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 .............. $

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

488

JOURNAL OF THE SENATE

Capital Outlay--Internal Operations ............................ $
Capital Reinvestment ..................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such
excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, pro vided that budget amendments reflecting such proposed
applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.

It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority util ize existing surplus funds for payments to bond trustees for unmatured issues.

Budget Unit Object Classes:

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

29,926,889 10,949,387
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 . .

$ 4,075,320
56,508,517 2,621,887 1,224,177
9,600

FRIDAY, JANUARY 25, 1985
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

489
17,480 561,648 1,781,077 1,676,280 1,203,688
50,000 1,557,892
202,839 67,415,085 4,075,320
1,930 7

The expenditure object amounts displayed above represent 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 836,110
51,765,607 3,741,542 1,211,358 7,611,747 2,248,721
$ 67,415,085

State Funds ; 836,110
808,000 1 182,489
2,248,721 --0--
4,075,320

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

$ 5,207,165
4,601,815 263,808 116,000
33,500 10,600 68,392 314,607 98,243 36,500 60,000
5,603,465 5,207,165
119 1

490

JOURNAL OF THE SENATE

The expenditure object amounts displayed above represent 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 ............ $ 230,404,700

Departmental Operations Budget:

Personal Services ......................... $ 6,087,911

Regular Operating Expenses ............... $ 329,027

Travel ..................................$ 118,725

Motor Vehicle Equipment Purchases ........ $

---0--

Publications and Printing .................. $

94,100

Equipment Purchases ..................... $

18,670

Computer Charges ....................... $ 4,760,987

Real Estate Rentals ...................... $ 811,613

Telecommunications ...................... $ 194,806

Per Diem, Fees and Contracts ............. $ 10,564,538

Postage .................................$ 150,000

Medicaid Benefits ........................ $ 745,049,925

Payments to Counties for

Mental Health ......................... $ 10,385,150

Audits Contracts ......................... $ 841,500

Total Funds Budgeted .................... $ 779,406,952

State Funds Budgeted .................... $ 230,404,700

Total Positions Budgeted

225

Authorized Motor Vehicles

3

The expenditure object amounts displayed above represent the budget unit object totals.

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office.... $ 638,015

Program Management ... $ 12,075,210

Administration .......... $ 2,284,156

Operations ............. $ 6,559,383

Program Integrity ....... $ 2,415,113

Benefits ................ $ 755,435,075

Undistributed ........... $

--0--

Total .................. $ 779,406,952

State Funds Pos.

269,126

11

1,505,864

46

376,593

35

1,641,216

49

1,026,490

84

$ 225,585,411

0

0

$ 230,404,700 225

Provided, that any reserve created by the State Au ditor for the payment of Medicaid Benefits can be ex-

FRIDAY, JANUARY 25, 1985

491

pended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.
Provided, that of the above appropriation, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospi tals, effective April 1, 1985.
Provided, that it is the intent of this General Assem bly that the Department of Medical Assistance shall in crease the monthly income cap for institutionalized indi viduals eligible under a special income test to no less than $897, effective February 1, 1985.

Section 28. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments ................
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 ......................... Health Insurance Claim Payments . Total Funds Budgeted ............ Agency Assessments .............. Employee and Employer
Contributions .................. Deferred Compensation ........... Total Positions Budgeted Authorized Motor Vehicles

$ 5,573,337

$ 4,245,278

$$

101,897 54,448

$

--0--

$$$

175,316 27,816 1 ,409,800

$$$$

643,865 120,145 17,475,729 143,360

$ 181 ,950,000 $ 206,347,654 $ 5 ,573,337

$ 200,740,618 $ 33,699
172 0

The expenditure object amounts displayed above represent the budget unit object totals.

Merit System Functional Budgets

Total Funds Applicant Services....... $ 1,659,069 Classification and
Compensation......... $ 742,021

State Funds

Pos.

39

19

492

JOURNAL OF THE SENATE

Program Evaluation and

Audit................ $ 572,333

$

--0--

13

Employee Training and

Development.......... $ 888,622

$

--0--

23

Health Insurance

Administration........ $ 6,323,159

$

--0--

36

Health Insurance Claims . $ 194,207,939

$

--0--

0

Internal Administration . . $ 894,576

$

--0--

34

Commissioner's Office.... $ 1,059,935

$

--0--

8

Undistributed........... $

--0--

$

--0--

0

Total .................. $ 206,347,654

$

--0--

172

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.
It is the intent of this General Assembly that the employer contribution rate for health insurance for the final four months of this state fiscal year shall not exceed one and one-fourth percent of salaries.

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 52,745,891

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 ............ $ Contract--Corps of Engineers
(Tybee Beach Restoration) .............. $ Total Funds Budgeted .................... $

2,433,464 162,169 19,500 8,800 180,500 8,000 155,310 165,527 71,869 105,005 89,586
877,000 75,000
1,369,000 5,720,730

FRIDAY, JANUARY 25, 1985

493

Receipts from Jekyll Island State Park Authority ................... $
Receipts from Stone Mountain Memorial Association ................... $
State Funds Budgeted .................... $
Total Positions Budgeted

53,750
328,500 5,338,480
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........................... $ 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

13,830,782 3,047,271
80,200 720,539 78,608 352,820
51,080 45,394 229,449 92,800 62,466 45,000
333,713
375,000 19,345,122
100,000 16,264,355
478

3. Parks, Recreation and Historic Sites Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Capital Outlay........................... $ Capital Outlay--Repairs
and Maintenance....................... $ Capital Outlay--Shop Stock ............... $ Cost of Material for Resale................ $ Authority Lease Rentals .................. $ Land and Water Conservation
Grants ................................$ Recreation Grants ........................ $

9,641,848 3,682,967
77,978 333,700 98,355 265,595
17,000 130,765 245,120 62,202 57,600 405,000
964,000 300,000 1,025,000 1,157,000
1,400,000 480,000

494

JOURNAL OF THE SENATE

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
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 .........................

186,000 50,000
1,457,663 125,000 40,000
126,192 60,000 100,000 22,488,985 100,000 13,313,985
376

10,174,832 641,805 242,400 67,631 85,117 78,751 134,000 568,087 183,729 540,710 96,112
1,000,000 6,000,000

$ 250,437

$ 125,000

$

10,000

$ 20,198,611

$ 16,749,611

314

786,624 164,643 11,750 16,500 19,600 23,241
15,477
20,236 18,500 9,639

FRIDAY, JANUARY 25, 1985

495

Capital Outlay--Buoy Maintenance......... $ Capital Outlay--Repairs and
Maintenance .......................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

20,000
33,250 1,139,460 1,079,460
25

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Land and Water Conservation
Grants ................................$ Recreation Grants ........................ $ Water and Sewer Grants .................. $ Solid Waste Grants ...................... $ Contract with U.S. Geological
Survey for Ground Water Resources Survey ...................... $ Contract with U.S. Geological Survey for Topographic Maps ............ $ Capital Outlay........................... $ 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 ...................... $

36,867,550 7,698,855
431,828 1,147,170
462,180 728,407 372,867 909,773 750,403 819,217 315,403
1,400,000 480,000
6,000,000 1,000,000
250,437
125,000 450,000
997,250 300,000 75,000 1,157,000 1,025,000
877,000
186,000 50,000
375,000
1,457,663
20,000
333,713 125,000
10,000

496

JOURNAL OF THE SENATE

Grant--The Hay House....... Contract--Corps of Engineers
(Cold Water Creek St. Park) Contract--Corps of Engineers
(Tybee Beach Restoration) . . Grant--Tybee Island ........ Advertising and Promotion ... Total Positions Budgeted Authorized Motor Vehicles

40,000
126,192
1,369,000 60,000
100,000
1,273 1,027

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.
It is the intent of this General Assembly that no por tion of the above appropriation relating to Con tract--Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds.
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 ...............

1,777,000 902,000 7,300 56,500 57,000
138,400
16,500

FRIDAY, JANUARY 25, 1985

497

Real Estate Rentals ......... Telecommunications ......... Per Diem, Fees and Contracts Capital Outlay.............. Campground Sinking Fund . . . Promotion Expenses ......... Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted

42,200 45,000 434,600

2. Jekyll Island State Park Authority Budget:

Personal Services ......................... $ Regular Operating Expenses ............. $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Mortgage Payments ...................... $ Capital Outlay........................... $ Promotion Expenses ...................... $ Payments to the Department
of Natural Resources ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

3,134,332 2,062,910
46,020
47,310
63,050 125,080
--0-- 300,000
---0--
53,750 5,832,452
--0-- 165

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment .............................. $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ........ ............. $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Promotion Expense ....................... $ Campground Sinking Fund ................ $ Payments to the Department
of Natural Resources ................... $ Mortgage Payments ...................... $ Total Positions Budgeted Authorized Motor Vehicles

4,911,332 2,964,910
53,320 56,500 104,310 138,400 16,500 --0-- 105,250 170,080 734,600 --0-- --0--
53,750 ---0--
229 100

498

JOURNAL OF THE SENATE

Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Departmental Operations
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 .............. Payments to Georgia
Correctional Industries ............ Total Funds Budgeted .............. State Funds Budgeted ............. Total Positions Budgeted Authorized Motor Vehicles

$ 22,615,847
9,114,819 647,210 340,680
53,600 43,290 1,085,997 989,593 311,398 944,655 44,000 6,867,500 253,000 350,800 550,000
690,000 50,000 400,000
524,305
23,260,847 22,615,847
336 92

The expenditure object amounts displayed above represent the budget unit object totals.

Departmental Operations Functional Budgets

Total Funds

General Administration

and Support .......... $ 8,249,401

Adult Facilities

and Programs......... $ 13,716,982

Training and Staff

Development.... ......$ 1,294,464

Undistributed ........... $

--0--

Total .................. $ 23,260,847

State Funds Pos.

$ 7,799,401

157

$ 13,521,982

150

$ 1,294,464

29

$

--0--

0

$ 22,615,847

336

It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either

FRIDAY, JANUARY 25, 1985

499

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 ...............................$ 134,900,744

Institutional 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................ ................. $ Payments to Central State
Hospital for Meals ..................... $ Payments to Central State
Hospital for Utilities. ................... $ Inmate Release Funds .................... $ Health Service Purchases .................. $ Payments to the Medical
Association of Georgia for Jail and Prison Health Care Certification ...................... $ Authority Lease Rentals .................. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

91,871,084 18,106,651
72,765 441,000
80,000 1,643,387
36,000 242,530 866,106 476,988 6,753,650
2,296,600
1,181,700 925,000
9,419,464
40,480 440,000 1,830,340 136,723,745 134,900,744
4,605 374

The expenditure object amounts displayed above represent the budget unit object totals.

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds Georgia Training and
Development Center ... $ 1,764,193 Georgia Industrial
Institute ............. $ 6,994,227

State Funds Pos.

$ 1,764,193

68

$ 6,994,227

295

500

JOURNAL OF THE SENATE

Alto Education and

Evaluation Center ..... $

Georgia Diagnostic and

Classification Center . . $

Georgia State Prison .... $

Consolidated Branches . . . $

Middle Georgia

Correctional Institution . $

Jack T. Rutledge

Correctional Institution . $

Central Correctional

Institution ............ $

Metro Correctional

Institution ............ $

Coastal Correctional

Institution ............ $

Central Funds .......... $

D.O.T. Work Details . $

Food Processing and

Distribution .......... $

Farm Operations ........ $

Dodge Correctional

Institution ............ S

Transitional Centers

$

Augusta Correctional and

Medical Institution .... $

Health Care ............ $

Undistributed ........... $

Total .................. $

1,581,514
7,537,379 18,680,004 12,173,881
17,335,844
3,548,631
2,994,784
3,871,297
3,894,950 11,100,895
630,700
11,403,230 4,697,844
3,008,204 3,196,413
5,138,594 17,171,161
136,723,745

$ 1,306,194
$ 7,537,379 $ 18,680,004 $ 12,049,588
$ 17,335,844
$ 3,548,631
$ 2,994,784
$ 3,871,297
$ 3,843,830 $ 11,100,895 S
$ 10,705,662 $ 4,653,844
$ 3,008,204 $ 3,196,413
$ 5,138,594 $ 17,171,161 $ $ 134,900,744

48
321 860 516
796
151
133
174
174 3 32
205 37
143 117
251 281
0 4,605

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 prisoners' medical costs.

C. Budget Unit: Board of Pardons and Paroles .........................

. $ 11,514,918

Board of Pardons and Paroles Budget:

Personal Services................... Regular Operating Expenses ......... Travel ............................ Motor Vehicles Equipment Purchases .

9,318,294 262,988 384,118 46,350

FRIDAY, JANUARY 25, 1985

501

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

.. $

34,880

.. $

100,852

.. $ 178,782

.. $ 632,011

284,552

.$

46,091

. $ 226,000

. $ 11,514,918

. $ 11,514,918

424

27

The expenditure object amounts displayed above represent 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 ............ Total Positions Budgeted Authorized Motor Vehicles

2,099,461 648,225 50,000 79,400 9,100 578,000 30,863 95,000 62,750 320,900
6,060,000
84,000 45,000 10,162,699
83 19

The expenditure object amounts displayed above represent the budget unit object totals.

E. Budget Unit: Probation Field Operations ....................

$ 27,360,875

1. Probation Operations Budget:

Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases .............

21,792,532 472,408 462,675
60,200 137,466

502

JOURNAL OF THE SENATE

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Utilities .................................$ Per Diem, Fees and Contracts .............$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 396,084 303,530
6,272 9,100 23,640,267 21,707,553
937

2. Diversion Centers Budget:

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

3,999,996 301,720 21,910
35,400
291,156 54,220 257,500 --0-- 1,381,000 6,342,902 5,653,322
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 ...................... $ Telecommunications ...................... $ Utilities .................................$ Per Diem, Fees and Contracts ............. S Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

25,792,528 774,128 484,585 --0-- 60,200 172,866 --0-- 687,240 357,750 263,772 9,100
1,381,000 1,133 95

Section 31. Department of Public Safety.
Budget Unit: Department of Public Safety ................................$
1. Office of Highway Safety Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

59,001,139
307,663 23,311 9,200

FRIDAY, JANUARY 25, 1985

503

Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Highway Safety Grants ........... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted

11,900 5,600 11,800 6,000 3,500 3,877,545 4,277,019 186,738
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

4,585,872 1,029,408
66,000 ---0-- 36,000 35,000 --0-- --0-- 118,425 30,303 22,000 5,923,008 --0-- 5,889,841
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

6,111,871 789,025 855
182,475 170,058 2,241,515
4,800 98,900 2,275 583,000 200,000
816,000 11,200,774 1,500,000 9,700,774
310

504

JOURNAL OF THE SENATE

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

28,104,096 4,712,967
43,445 4,100,000
232,525 620,500
--0-- 2,207 386,400 64,147 36,000 37,000 38,339,287 150,000 38,189,287
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

740,840 77,800 30,000 9,000 17,900
702 70,000 48,500 18,800 22,500 5,550 1,930,285 2,971,877 2,971,877
25

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

565,084 163,000 12,850
--0-- 9,500 7,400 16,000 --0-- 17,930 171,200 3,400 966,364 921,364
17

FRIDAY, JANUARY 25, 1985
7. Fire Academy:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing.......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ..... Postage ......................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted
8. Georgia Firelighter Standards and Training Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Organized Crime Prevention Council Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted

505
348,157 47,100 14,000 40,500 3,000 25,500 30,558 35,182 10,925 110,000
5,700 670,622 605,622
13
131,047 12,540 9,200 8,800 2,100 2,000 5,100 8,413 4,450 15,000 2,600 201,250 201,250
4
132,061 16,337 9,500
2,000
2,950 29,082
700 192,630 192,630
3

506

JOURNAL OF THE SENATE

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

111,895 4,961 4,500 9,000 250 1,000 800 3,500 2,950 2,500 400 --0--
141,756 141,756
4

Budget Unit Object Classes:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage .................................$ Convictions Reports ...................... $ Peace Officers Training Grant. ............. $ Driver License Processing ................. $ Highway Safety Grants ................... $ Capital Outlay........................... $ Total Positions Budgeted Authorized Motor Vehicles

41,138,586 6,876,449
199,550 4,167,300
506,250 862,160 2,375,873 108,202 673,530 453,007 662,850 200,000 1,930,285 816,000 3,877,545
37,000 1,546 1,099

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

FRIDAY, JANUARY 25, 1985

507

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 ..................... $ 12,176,455

Departmental Operations Budget:

Payments to Employees' Retirement System ..................... $
Employer Contributions ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

176,455 12,000,000 12,176,455 12,176,455

The expenditure object amounts displayed above represent 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 ................ .... $

5,012,870
3,528,754 194,018 105,173 64,700 10,000 21,500 125,019 213,700 94,085 732,500
5,089,449

508

JOURNAL OF THE SENATE

State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

5,012,870 119 26

The expenditure object amounts displayed above represent the budget unit object totals.

Public Service Commission Functional Budgets

Total Funds Administration .......... $ 923,008 Transportation .......... $ 1,869,142 Utilities ................ $ 2,297,299 Undistributed ........... $ Total ............... $ 5,089,449

State Funds Pos.

$ 922,008

19

$ 1,869,142

55

$ 2,221,720

45

0

$ 5,012,870

119

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .

$ 607,537,801

1. 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 ..... Research Consortium .............. Authority Lease Rentals ........... Total Funds Budgeted .............

$$

522,602,573 62,000,000

$$

139,856,084 68,000,000

$ 316,781

$ $

301,331 3 ,500,000

$$

15 ,538,000 812,114,769

Less Agency Funds: Departmental Income ............. Sponsored Income ................. Other Funds...................... Auxiliary Income ................ Indirect Communication Charges ... State Funds Budgeted ............ Total Positions Budgeted

17,500,000 130,000,000 152,574,906
--0--
3,027,300 509,012,563
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

FRIDAY, JANUARY 25, 1985

509

construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an appor tionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract com mitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or ex penditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System.
Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limita tion. Provided, further, that revenue from sales and ser vices shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General As sembly that the l'/2% Personal Services continuation fac tor incorporated into the Resident Instruction appropria tion in this Appropriations Act be utilized to provide 2!/2% merit-type increases.
Provided, the Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office

510

JOURNAL OF THE SENATE

of Planning and Budget or the Fiscal Affairs Sub-Com mittees.
2. Marine Resources Extension Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs ............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $
Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ 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............................. $ State Funds Budgeted .................... $

753,384 --0--
272,900 --0--
1,026,284
--0-- --0-- 134,111 9,800 882,373
27
968,397 800,000
590,695 943,750 3,302,842
--0-- 1,743,750
407,788 1,151,304
35
437,963 162,487
227,628 137,513 965,591
--0-- 300,000
--0-- 665,591

FRIDAY, JANUARY 25, 1985
Total Positions Budgeted
5. Georgia Tech Research Institute Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Agricultural Research......... Total Funds Budgeted ........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
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 .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
7. Agricultural Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ...... Fire Ant Research ........
Total Funds Budgeted .......

511
20
11,666,260 27,655,087
$ 7,370,696 $ 20,998,365 $ 569,269 $ 68,259,677
--0-- 48,653,452 12,316,627
117,600 7,171,998
361

811,864 2,839,587
1,345,825 12,200
1,481,562 52

23,201,241 4,300,000

$ 8,127,643

$ 3,200,000

$

50,000

$ 38,878,884

512

JOURNAL OF THE SENATE

Less Agency Funds: Departmental Income ........... Sponsored Income .............. Other Funds................... Indirect DOAS Services Funding State Funds Budgeted ....... Total Positions Budgeted
8. Cooperative Extension Service Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. . Sponsored Operations .......
Operating Expenses: Educ., Gen., and Dept. Svcs.. . Sponsored Operations ........
Total Funds Budgeted ........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds................ Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. . Sponsored Operations ........
Operating Expenses: Educ., Gen., and Dept. Svcs.. . Sponsored Operations ........ Capital Outlay--ETMH Renovations ................
Total Funds Budgeted .........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Board of Corrections .......... Indirect DOAS Services Funding State Funds Budgeted ........ Total Positions Budgeted
10. Veterinary Medicine Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs... Sponsored Operations ........

7,500,000 6,854,745
95,900 24,428,239
869
26,543,804 4,250,000
3,690,830 1,750,000 36,234,634
6,000,000 5,640,000
126,700 24,467,934
973
59,111,096 2,819,815
24,784,283 670,000
1,500,000 88,885,194
1,364,700 3,489,815 51,620,625 1,800,000
193,500 30,416,554
3,091
1,105,717

FRIDAY, JANUARY 25, 1985

513

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................. State Funds Budgeted ........ Total Positions Budgeted
11. Veterinary Medicine Teaching Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs.. Sponsored Operations ......
Operating Expenses: Educ., Gen., and Dept. Svcs.. Sponsored Operations .......
Total Funds Budgeted ........
Less Agency Funds: Departmental Income .......... Sponsored Income ............. Other Funds.................. Indirect DOAS Services Funding State Funds Budgeted ......... Total Positions Budgeted
12. Family Practice Residency Program Budget:
Personal Services: Educ., Gen., and Dept. Svcs.......
Operating Expenses: Educ., Gen., and Dept. Svcs.......
Capitation Contracts for Family Practice Residency.........
Residency Capitation Grants........ New Program Development Contracts
for Family Practice Residency .... Student Preceptorships ............. Total Funds Budgeted ............. State Funds Budgeted ............. Total Positions Budgeted

619,157 --0--
470,777 192,398 2,388,049
2,388,049 63
824,889
1,044,740 1,869,629
--0-- 1,408,225
--0-- 461,404
55
140,065 98,893 2,060,000 1,837,000
185,000 4,320,958 4,320,958
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

514

JOURNAL OF THE SENATE

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

717,667 ---0--
320,858 ---0--
150,000 1,188,525

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- --0-- 780,206 408,319
32

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

280,953 940,213
--0-- 655,375 1,876,541

Less Agency Funds: Departmental Income ..................... $ Sponsored Income ........................ $ Other Funds............................. $ State Funds Budgeted .................... $ Total Positions Budgeted

--0-- 1,595,588
--0--
280,953 48

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ 649,659,026 Sponsored Operations ................... $ 102,927,602
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 187,727,113 Sponsored Operations ................... $ 96,355,003

FRIDAY, JANUARY 25, 1985

515

Office of Minority Business Enterprise .........
Special Desegregation Programs Fire Ant Research ........... Agricultural Research......... Advanced Technology
Development Center ........ Capitation Contracts for
Family Practice Residency . . New Program Development
Contracts for Family Practice Residency ......... Residency Capitation Grants Student Preceptorships ...... Research Consortium ......... Authority Lease Rentals ..... Capital Outlay--ETMH Renovations ............... Capital Outlay--GRTC Planning Funds ............ Total Positions Budgeted

316,781 301,331 242,398 1,040,046
811,864
2,060,000

--0--
1,837,000 185,000
3,500,000 15,538,000

$ 1,500,000

$

150,000

22,716

B. Budget Unit: Regents Central Office

$ 18,808,219

Regents Central Office Budget:

Personal Services..... Operating Expenses SREB Payments ... Medical Scholarships

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

Regents Regents

Opportunity Scholarships

Gr. a. nt.s...............................

$
$

Grants to Junior Colleges ................. $

Rental Payments to Georgia

Military College ........

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 ,120,444
223,000 18,808,219 18,808,219
100 0

The expenditure object amounts displayed above represent 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, and 50 quarter credit hours shall be the equivalent of an EFT student for the purpose of calculating such payments.
C. Budget Unit: Georgia Public Telecommunications Commission

4,705,868

516

JOURNAL OF THE SENATE

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

3,298,951
4,144,555 7,443,506
2,737,638 4,705,868
139 14

The expenditure object amounts displayed above represent 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 ............... 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

$ 44,112,520
27,187,901 846,751
1,173,794 204,715
1,575,068 464,247
8,004,424 1,391,149
534,305 150,000
$ 1,362,500
1,430,000 1,100,000
338,600 2,194,066 47,957,520 3,845,000 44,112,520
1,136 65

FRIDAY, JANUARY 25, 1985

517

The expenditure object amounts displayed above represent the budget unit object totals.

Department of Revenue Functional Budgets

Total Funds

Departmental

Administration ........ $ 3,061,194

Internal Administration . $ 6,281,048

Field Services........... $ 10,444,506

Income Tax ............ $ 6,148,374

Motor Vehicle ..........$ 11,307,346

Central Audit........... $ 3,846,588

Property Tax .......... $ 3,379,935

Sales Tax ......... $ 3,488,529

Undistributed ........... $

--0--

Total .................. ^ 47,957,520

State Funds

$ 3,061,194

$ 6,281,048

$ 10,354,506

$ 4,433,142

$ 9,618,178

$ 3,846,588

$ 3,379,935

$ 3,137,929

$

--0--

$ 44,112,520

Pos.
37 75 363 142 248 94 56 121
0 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 1,000,000 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 .................... $
Total Positions Budgeted Authorized Motor Vehicles

15,416,695 9,143,273 1,429,994
172,311 172,952 344,200 210,712 492,460 1,745,245 281,864 488,245 800,000 272,939 15,554,195 15,416,695
365 72

518

JOURNAL OF THE SENATE

The expenditure object amounts displayed above represent the budget unit object totals.

Secretary of State Functional Budgets

Total Funds

Internal Administration .. $ 1,590,655

Archives and Records .... $ 3,963,415

Corporations Regulation. . $ 1,418,368

Elections and Campaign

Disclosure ............

1,422,377

Securities Regulation ....

961,136

Drugs and Narcotics.....

620,692

State Campaign and

Financial Disclosure .. .

129,801

Occupational Certification

5,447,751

Undistributed ...........

Total .................. 15,554,195

State Funds

Pos.

$ 1,588,555

41

$ 3,863,415

92

$ 1,416,368

49

1,421,977

15

955,136

21

620,692

15

129,801

3

5,420,751

129

0

15,416,695

365

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 .... $ Practical Nursing ....... $ Private Detective ........ $

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 64,496 26,200

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

$ 418,501

$ 215,737

FRIDAY, JANUARY 25, 1985

519

Psychologists ........... $ Recreation ............. $ Sanitarian .............. $ Speech Pathology .... $ Used Car Dealers .......$ Used Car Parts ......... $ Veterinary. ............. $ Wastewater ............ $ Well Water ............ $ Total .................. $

14,686 2,080 4,375 2,243 11,240 3,770 21,255 5,525 4,360 776,491

B. Budget Unit: Real Estate Commission.

Real Estate Commission Budget:

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

$$$$$$$$$

61,606
13,860 19,803 16,465 173,417
49,718 78,549
62,219 20,684

$ 5,167,210

987,065

$ 606,499

$ 103,828

$

12,500

$

27,000

$$

26,000 5,150

$

71,288

$

37,800

$

18,000

$

80,000

$ 988,065

$ 987,065

28

12

The expenditure object amounts displayed above represent the budget unit object totals.

Real Estate Commission Functional Budget

Real Estate Commission.

State Funds 987,065

Cost of

Operations Pos.

$ 1,028,015

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 ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $

15,801,523
2,416,303 186,031 52,000 9,000 60,000 29,500

520

JOURNAL OF THE SENATE

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

345,069 79,265 37,500 525,000 3,113,550 10,317,380 4,215,900
32,000
117,500 102,273
93,600 --0-- 21,731,871 15,801,523
97 1

The expenditure object amounts displayed above represent 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 ............ $ 18,002,203 Total .................. $ 21,731,871

State Funds Pos.

$

--0--

97

$ 150,000

0

$ 15,651,523

0

$ 15,801,523

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 ca reer 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

FRIDAY, JANUARY 25, 1985

521

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

808,554
509,591 50,780 47,800 --0-- 24,425 4,226 3,000 31,423 13,973 134,161 819,379 808,554
19 1

The expenditure object amounts displayed above represent the budget unit object totals.

Section 39. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System . . $
Departmental Operations Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$

2,538,000
1,757,730 68,794 22,250

522

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

50,000 10,420 553,184 185,115 57,160 208,500 80,000
1,320,000
1,218,000 5,531,153 2,538,000
67 1

The expenditure object amounts displayed above represent the budget unit object totals.

Section 40. Department of Transportation.

Budget Unit: Department of Transportation . . $ 422,641,817

1. Planning and Construction Budget:

Personal Services......................... $ 71,742,911

Regular Operating Expenses ............... $ 4,784,460

Travel .................................. $ 1,083,800

Motor Vehicle Equipment Purchases ........ $

Publications and Printing .................. $ 204,254

Equipment Purchases ..................... $

55,300

Computer Charges ....................... $

31,000

Real Estate Rentals ...................... $

28,295

Telecommunications ..................

1,050,044

Per Diem, Fees and Contracts .........

5,432,215

Capital Outlay.......................

442,200,966

Geodetic Control ....................

329,196

Total Funds Budgeted ................

526,942,441

State Funds Budgeted ................

207,447,223

Total Positions Budgeted

3,006

2. Maintenance and Betterments Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel .................................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ..................$ Equipment Purchases ..................... $

63,215,609 38,806,433
369,580

FRIDAY, JANUARY 25, 1985

523

Computer Charges ....................... $

13,000

Real Estate Rentals ......................$

810

Telecommunications ...................... $ 180,000

Per Diem, Fees and Contracts ............. $ 1,039,175

Capital Outlay ........................... $ 50,150,000

Total Funds Budgeted .................... $ 153,794,607

State Funds Budgeted .................... $ 149,884,825

Total Positions Budgeted

3,564

3. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases ........ $ Equipment Purchases ..................... $ Capital Outlay ........................... $ Computer Charges ....................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

1,000,000 2,239,987
53,515 350,000 3,643,502 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--
1,126,067 1,056,209
300,232 234,897 24,452,289
38,645,856 77,353,901 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

524

JOURNAL OF THE SENATE

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 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 fis cal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Ad ministrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
Provided, however, that objects for Activities fi nanced 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

FRIDAY, JANUARY 25, 1985

525

highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, mainte nance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Trans portation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid pro gram. Provided, further, that in order to meet the re quirements of the Interstate System, the Office of Plan ning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Ser vices and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt ser vice requirements on new General Obligation debt to fi nance 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.

526

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 .......................... $ Capital Outlay--Paving State Parks and Historic Sites. .............. $ Capital Outlay--Off-System Resurfacing ......................... $

329,196
750,000 500,000 5,319,211

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 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 or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit

FRIDAY, JANUARY 25, 1985

527

to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
8. Inter-Modal Transfer Facilities Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ......................$ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Outlay--Airport
Development .......................... $ Capital Outlay--Airport
Operational Improvements ............... $ Capital Outlay--Airport
Approach Aid ......................... $ Mass Transit Grants...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
9. Harbor Maintenance Budget:
Harbor Maintenance Payments............. $

552,105 510,924
11,400 ---0--
700 788,000
---O-- 1
6,373 400
--0-- 1,869,903 1,444,903
16
739,747 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 8,054,038 3,500,717
22
400,000

528

JOURNAL OF THE SENATE

Spoilage Area Acquisition Clearing and Preparation ........
Total Funds Budgeted ............ State Funds Budgeted ............
Budget Unit Object Classes:
Personal Services................. Regular Operating Expenses ....... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing ......... Equipment Purchases ............. Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ... Capital Outlay................... Mass Transit Grants.............. Grants to Municipalities .......... Harbor Maintenance Payments.... Grants to Counties ............... Authority Lease Rentals ........ Capital Outlay--Airport
Development .................. State of Georgia General
Obligation Debt Sinking Fund . . . Capital Outlay--Airport
Operational Improvements ....... Capital Outlay--Airport
Approach Aid ................. Geodetic Control ................. Spoilage Area Acquisition
Clearing and Preparation ........ Total Positions Budgeted Authorized Motor Vehicles

400,000 400,000

$$$

146 ,158,723
45 ,106,354 1 ,588,280

$ 1,000,000

$$$$$$

808,054
3 ,084,676 1 ,520,067 1 ,085,316 1 ,557,925 7 ,318,487

$$$$$

492,404,481
4 ,748,688 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 ('/a) of the Nonfederal share when matching both Federal and Local Funds, and 50% of an individual airport project when

FRIDAY, JANUARY 25, 1985

529

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.
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 ............................
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 and Insurance ............ Total Funds Budgeted .................. State Funds Budgeted ................. Total Positions Budgeted Authorized Motor Vehicles

$ 13,205,345
3,417,612 46,027 80,700 14,000 20,000 63,149 500 191,204 63,106 7,140 --0-- 31,900
$ 8,398,283
$ 3,804,576
$ 146,917 $ 16,285,114 $ 13,205,345
142 1

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The expenditure object amounts displayed above represent the budget unit object totals.

Veterans Service Functional Budgets

Total Funds Veterans Assistance...... $ 3,886,049 Veterans Home and Nursing
Facility--Milledgeville . $ 8,472,130 Veterans Nursing
Home--Augusta ...... $ 3,926,935 Total .................. $ 16,285,114

State Funds Pos.

$ 3,648,595

142

$ 6,735,422

0

$ 2,821,328

0

$ 13,205,345

142

Section 42. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board ................................ $ 4,893,818

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

3,924,920 87,709 53,500 ---0-- 57,600 7,250 180,338 433,539 80,062 32,400 61,500
4,918,818 4,893,818
144 1

The expenditure object amounts displayed above represent the budget unit object totals.

Workers' Compensation Board Functional Budgets

Total Funds

Administration .......... S 4,461,391

Vocational Rehabilitation. $ 457,427

Undistributed ........... $

--0--

Total ..................$ 4,918,818

State Funds Pos.

$ 4,436,391

129

$ 457,427

15

$

--0--

0

$ 4,893,818

144

FRIDAY, JANUARY 25, 1985

531

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................. $ 104,599,155
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).................... $ 51,573,120
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 principal amount of Georgia Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,408,000 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Sports Hall of Fame Board, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for the pur pose of financing the expansion of facilities under the control of the Georgia Ports Authority (by acquisition, construction, development, extension, enlargement and improvement of land, water, property, highways, build ings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Authority) through the issuance of not more than $10,000,000 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, $4,533,760 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Public Safety Training Center established, operated and maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $17,710,000 in principal amount of General Obligation Debt.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,549,760 is specifically appropriated for the purpose of financing the acquisition, construction, devel opment, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issuance of not more than $41,210,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,280,000 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Labor through the issuance of not more than $5,000,000 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, $512,000 is specifically appropriated for the pur pose of financing the purchase and installation of equip ment for the Georgia Department of Administrative Ser vices (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facil ities both real and personal, necessary or useful in con nection therewith, of and for the Department), through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $716,800 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement, equipping and improve ment of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful, in connection therewith, of and for the Georgia Depart ment of Administrative Services, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,152,000 is specifically appropriated for the pur pose of financing the renovation of the Old State Office Building of Georgia Building Authority, 17 Capitol

FRIDAY, JANUARY 25, 1985

533

Square in Atlanta, Georgia, (by means of demolition, ac quisition, construction, development, extension, enlarge ment and improvement of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith), through the issuance of not more than $4,500,000 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, $230,400 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Agricul ture through the issuance of not more than $900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,388,800 is specifically appropriated for the pur pose of financing the renovation, construction, develop ment, extension, enlargement, improvement, reconstruc tion and equipping of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, of and for the State Board of Regents of the University System, through the issuance of not more than $5,425,000 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, $2,560,000 is specifically appropriated for the pur pose of financing educational facilities for county and in dependent school systems by means of a program of as bestos abatement in such facilities (including, without limitation, the design of plans and specifications, demoli tion, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, dispo sal, and testing), to be administered by the Georgia De partment of Education, through the issuance of not more than $10,000,000 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, $10,240,000 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acqui sition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, wa ters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful

534

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in connection therewith, through the issuance of not more than $40,000,000 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, $2,329,600 is specifically appropriated for the pur pose of financing the renovation of the Boone Building at Central State Hospital of the Department of Human Re sources in Baldwin County and financing the correction and renovation of the heating, venting and air condition ing system and other facilities of Northwest Georgia Re gional Hospital of the Department of Human Resources in Floyd County (by means of the acquisition, construc tion, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,120,000 is specifically appropriated for the pur pose of financing the replacement of the Talmadge Me morial Bridge of the Department of Transportation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,792,000 is specifically appropriated for the pur pose of financing a parking facility of the Georgia Build ing Authority on the 'Old Incinerator' site acquired by the State of Georgia from the City of Atlanta in Fulton County, Georgia, (including the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facil ities, both real and personal, necessary or useful in con nection therewith), through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt.
Section 44. 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 $7,684,103 for the purpose of pro-

FRIDAY, JANUARY 25, 1985

535

viding operating funds for the State physical health labo ratories ($135,000--Budget Unit 'A') and for State mental health/mental retardation institutions ($7,549,103--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 45. It is the intent of this General Assem bly that appropriations to the object class 'Authority Lease Rentals' shall be used entirely for payment to debtsinking funds, and that no funds be withdrawn from debtsinking funds' except for the purpose of paying principal, interest and trustees fees, or for transfer to another sink ing fund.
Section 46. 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 credit card telephone calls, in order to mitigate the State's cost therefor.
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 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 not use State vehicles except for Official State business. Except as otherwise specifically authorized by this body, utiliza tion of State motor vehicles for commuting to and from work should only be authorized in rare and unusual cir cumstances 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.

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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 experi enced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropria tions Committees of the Senate and House of Represent atives of the instances of noncompliance with the stated intent of this Section.
Section 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-

FRIDAY, JANUARY 25, 1985

537

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 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 such 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

538

JOURNAL OF THE SENATE

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 object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
Section 56. It is the intent of the General Assem bly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles indi cated for each budget unit shall include leased vehicles and State-owned vehicles, and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number au thorized in this Act unless specifically approved by this General Assembly.
Section 57. 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 58. 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.

FRIDAY, JANUARY 25, 1985

539

Section 59. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1985 ...................... $

4,352,327,675.

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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee report on HB 1.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bond
jR*orawnennonf ,i,
BBrroowunn ooff 4467tthh Bryant
Burton Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner
Gillis
GHraererinse
T"T amson Hme
Holloway Horton Hudgins Huggins Kennedy Kidd

Langford McGill McKenzie Peevy
Perry
RPhaiyllips
0^co ., of,.2nd, Scott of 36th
Starr Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Barker Brantley Cobb Coverdell

Howard Land Reddish

Stumbaugh Trulock Tysinger

540

JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 44.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned, pursuant to HR 8 adopted previously, until 10:00 o'clock A.M. on Monday, February 4, and the motion prevailed.

At 1:10 o'clock P.M., the President announced the Senate would stand in recess until 5:00 o'clock P.M. today at which time the Senate would stand adjourned, pursu ant to HR 8 adopted previously, until 10:00 o'clock A.M. on Monday, February 4.

MONDAY, FEBRUARY 4, 1985

541

Senate Chamber, Atlanta, Georgia Monday, February 4, 1985 Thirteenth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, January 25, had been read and found correct.

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

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

Mr. President:

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

HB 320.

By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.

HB 321.

By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax commissioner.

HB 322.

By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the Probate Court of Heard County.

HB 323.

By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff.

542

JOURNAL OF THE SENATE

HB 324.

By Representative Ware of the 77th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 330.

By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act establishing the State Court of Hall County, so as to provide for assistant solicitors of said state court.

HB 342.

By Representative Royal of the 144th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the im position of local sales and use tax for the benefit of the Mitchell County School District and the Pelham Independent School District.

HB 392.

By Representative Carter of the 146th:
A bill to change the provisions relating to the Magistrate Court of Berrien County, so as to change the manner of selecting the chief magistrate.

HB 3. By Representative Richardson of the 52nd:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord dis abled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons.

HB 36. By Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements.

HB 112.

By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.

HB 171.

By Representative Evans of the 84th:
A bill to amend Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, so as to provide for investigatory authority and subpoena power

MONDAY, FEBRUARY 4, 1985

543

to the Secretary of State; to provide for the payment of fees and mileage for sheriffs, witnesses or other persons.

HB 311.

By Representative Evans of the 84th:
A bill to amend Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, so as to require that each professional association have a registered agent and registered office; to require that such agent and office be filed with the Secretary of State.

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

HR 18. By Representatives Logan of the 67th, Buck of the 95th, Milford of the 13th and others:
A resolution designating The Atlas of Georgia as the official state atlas of Georgia.

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

SB 151. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcy cle riders, so as to change the requirement of wearing of headgear so that it will only apply to persons under the age of 21.
Referred to Committee on Public Safety.

SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-ref erences; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.
Referred to Committee on Human Resources.

SB 153. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for changes in the definitions provisions relating to mentally ill persons, alcoholics, drug dependent per sons, and drug abusers.
Referred to Committee on Human Resources.

544

JOURNAL OF THE SENATE

SB 154. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions re lating to definitions of certain terms; to change certain provisions relating to the frequency of meetings of the State Board of Cosmetology; to de lete the requirement of an annual financial report of the board.
Referred to Committee on Governmental Operations.

SB 155. By Senator Kidd of the 25th:
A bill to amend Code Section 50-9-9 of the Official Code of Georgia Annotated, relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, so as to change the provisions relating to authority to employ security guards; to provide that the security guards shall be known as the Georgia Building Authority Police.
Referred to Committee on Governmental Operations.

SB 156. By Senator Hine of the 52nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the election of the chief magistrate and the appointment of magistrates; to authorize the chief magistrate to suspend a magistrate under certain circumstances; to provide that the suspension must be ap proved by the Judicial Qualifications Commission.
Referred to Committee on Judiciary.

SB 157. By Senators Kennedy of the 4th and Kidd of the 25th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youth Offender Act of 1972"; to change the definition of a certain term; to delete the definition of a certain term; to delete provi sions relating to the Youthful Offender Division of the Department of Offender Rehabilitation.
Referred to Committee on Children and Youth.

SB 158. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provi sions relating to issuance of grain dealers' licenses; to provide for annual renewal of such licenses; to provide for the immediate revocation of li censes by operation of law under certain circumstances.
Referred to Committee on Agriculture.

MONDAY, FEBRUARY 4, 1985

545

SB 159. By Senators McGill of the 24th, Turner of the 8th and Ray of the 19th:
A bill to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the date on which warehouse licenses expire; to provide for the immediate revocation of licenses by operation of law under certain cir cumstances; to change the provisions relating to actions on bonds.
Referred to Committee on Agriculture.

SB 160. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for per sons who will be presumed dependent; to provide for compensation for vocational rehabilitation; to provide for compensation for medical care and other treatment; to require the State Board of Workers' Compensa tion to publish annually a list of charges for medical services.
Referred to Committee on Industry and Labor.

SB 161. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to payment of workers' compensation, so as to provide that the board shall be authorized to order the employer or insurance carrier to repay the group insurance company or other health insurance carrier the funds it has expended for the claimant's medical treatment; to provide procedures.
Referred to Committee on Industry and Labor.

SB 162. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill 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 automatic dis missal of applications for hearings if no hearing is scheduled for a period of five years; to provide for applicability.
Referred to Committee on Industry and Labor.

SB 163. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Code Section 34-9-221 of the Official Code of Georgia Annotated, relating to the timing of payment of workers' compensation income benefits, so as to change the time for payment of benefits.
Referred to Committee on Industry and Labor.

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SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uni form Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to pro vide for stays of enforcement and for security pending the stays.
Referred to Committee on Judiciary and Constitutional Law.

SB 165. By Senators Kennedy of the 4th and Howard of the 42nd:
A bill to amend Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, so as to provide that rules and regulations providing for the screening of public school children for scoliosis shall not require prior approval of parents or legal guardians but shall provide advance written notice of the time of screening.
Referred to Committee on Human Resources.

SB 166. By Senator Deal of the 49th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the com mission of or attempt to commit certain crimes, so as to include with the list of such crimes any crime involving the possession, manufacture, de livery, distribution, dispensing, administering, selling, or possession with intent to distribute certain controlled substances.
Referred to Committee on Judiciary.

SB 167. By Senator McGill of the 24th:
A bill to provide for election districts for the board of education of Wilkes County.
Referred to Committee on Urban and County Affairs.

SB 168. By Senator Bond of the 39th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia Annotated, relating to application for voter registration, so as to author ize post card registration in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; to provide an effective date.
Referred to Committee on Governmental Operations.

SB 169. By Senator Greene of the 26th:
A bill to amend Code Section 1-3-1 of the Official Code of Georgia An notated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 911-6 of the Official Code of Georgia Annotated, relating to time compu-

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tations, so as to provide that such computations shall be made according to Code Section 1-3-1.
Referred to Committee on Judiciary and Constitutional Law.

SB 170. By Senator Greene of the 26th:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical mal practice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body.
Referred to Committee on Judiciary and Constitutional Law.

SB 171. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), so as to change the limits of the Downtown LaGrange District.
Referred to Committee on Urban and County Affairs.

SB 172. By Senator Kidd of the 25th:
A bill to amend an Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit, as amended by an Act ap proved April 24, 1975 (Ga. L. 1975, p. 1303), so as to change the sala ries of such court reporters; to change the expense allowances of such court reporters; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 173. By Senators Peevy of the 48th and Barnes of the 33rd:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Annotated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 174. By Senators Peevy of the 48th and Howard of the 42nd:
A bill to amend Code Section 47-8-67 of the Official Code of Georgia Annotated, relating to survivors benefits under the Superior Court Judges Retirement Fund of Georgia (Emeritus), so as to provide that when the compensation of senior judges is increased, there shall be a corresponding increase in the benefits of surviving spouses.
Referred to Committee on Retirement.

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SB 175. By Senator Hudgins of the 15th:
A bill to provide for an advisory referendum within Muscogee County to determine the opinion of the electorate as to whether members of the school board for the county should be elected from equal districts; to provide duties of the election superintendent; to provide for legislative findings.
Referred to Committee on Urban and County Affairs.

SB 176. By Senators Perry of the 7th, Kennedy of the 4th, Brantley of the 56th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for a separate Division of Mental Health and a separate Division of Mental Retardation and Developmen tal Disabilities and to provide for the powers, duties, responsibilities, and jurisdiction of each division; to provide for legislative purpose.
Referred to Committee on Human Resources.

SR 91. By Senator Burton of the 5th:
A resolution designating the right whale as the official Georgia state marine mammal.
Referred to Committee on Governmental Operations.

SR 92. By Senator Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to pro vide that certain bonds and other obligations to finance and provide pub lic facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be re quired to be approved by the voters of those political subdivisions; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Urban and County Affairs (General).

SR 93. By Senator Scott of the 2nd:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.
Referred to Committee on Public Utilities.

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.
Referred to Committee on Rules.

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549

SR 95. By Senator Hudgins of the 15th:
A resolution urging the Governor to establish a Children, Youth, and Families Coordinating Council. Referred to Committee on Rules.

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

HB 3. By Representative Richardson of the 52nd:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord dis abled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons.
Referred to Committee on Human Resources.

HB 36. By Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements.
Referred to Committee on Urban and County Affairs.

HB 112. By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.
Referred to Committee on Human Resources.

HB 171. By Representative Evans of the 84th:
A bill to amend Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, so as to provide for investigatory authority and subpoena power to the Secretary of State; to provide for the payment of fees and mileage for sheriffs, witnesses, or other persons.
Referred to Committee on Judiciary.

HB 311. By Representative Evans of the 84th:
A bill to amend Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, so as to require that each professional association have a registered agent and registered office; to require that such agent and office be filed with the Secretary of State.
Referred to Committee on Judiciary.

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HR 18. By Representatives Logan of the 67th, Buck of the 95th, Milford of the 13th and others:
A resolution designating The Atlas of Georgia as the official state atlas of Georgia.
Referred to Committee on Higher Education.

HB 320. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.

HB 321. By Representative Ware of the 77th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commis sioner of Heard County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 322. By Representative Ware of the 77th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the judge of the Probate Court of Heard County.
Referred to Committee on Urban and County Affairs.

HB 323. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 324. By Representative Ware of the 77th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

HB 330. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act establishing the State Court of Hall County, so as to provide for assistant solicitors of said state court.
Referred to Committee on Urban and County Affairs.

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551

HB 342. By Representative Royal of the 144th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the im position of a local sales and use tax for the benefit of the Mitchell County School District and the Pelham Independent School District.
Referred to Committee on Urban and County Affairs.

HB 392. By Representative Carter of the 146th:
A bill to change the provisions relating to the Magistrate Court of Berrien County, so as to change the manner of selecting the chief magistrate.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 48. 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 has instructed me to report the same back to the Senate with following recommendations:

SB 95. Do pass. SB 130. Do pass. SB 121. Do pass. SB 2. Do pass.

SB 7. Do pass. SR 83. Do pass by substitute. SB 102. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the

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following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 141. SB 142. HB 15. HB 290. HB 297.

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

HB 298. HB 299. HB 304. HB 305.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 54. By Senator Dean of the 31st:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies by public officials and employees, so as to permit certified oral or manual interpreters for deaf persons to enter into part-time em ployment with other departments or agencies of the state even though they are already employed by the state; to provide for an effective date.

SB 59. By Senators Gillis of the 20th, Bryant of the 3rd and Ray of the 19th:
A bill to amend Code Section 43-51-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to amend the definition of wastewater treatment plant; to provide an effective date.

SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.

SB 94. By Senators Gillis of the 20th, Bryant of the 3rd, Reddish of the 6th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing.

MONDAY, FEBRUARY 4, 1985

553

SB 115. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Offi cial Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle".

SR 41. By Senator Mine of the 52nd:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Bartow County, Georgia, to the City of Kingston, Geor gia; to provide an effective date.

HB 25. By Representative Alford of the 57th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, so as to provide for the continuance of surface mining operations after a change in ownership under certain conditions; to raise the maximum bond that may be re quired for mining operators from $1,000.00 to $2,500.00 per acre and to provide for periodic reevaluations and adjustments to the bond amounts required.

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

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

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

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons
Tolleson Trulock Turner Tysinger

Those not answering were Senators Coleman (excused) and Walker.

Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverend Bill Haynes, pastor of the Indian Creek Baptist Church, Stone Mountain, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:

SR 97. By Senator Reddish of the 6th: A resolution commending Jay Leggett.

SR 98. By Senator Reddish of the 6th: A resolution commending Joey Reid.

SR 99. By Senator Reddish of the 6th: A resolution commending David Larson.

SR 100.

By Senator Harris of the 27th:
A resolution expressing support for the efforts of Dr. W. D. Kessler and his family in seeking citizenship in the United States.

SR 101. By Senator Starr of the 44th:
A resolution commending the Forest Park Junior High School Sym phonic Band.

Senator Turner of the 8th introduced the Valdosta High School Football Team and Assistant Coach Jack Rudolph, who briefly addressed the Senate.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

Senator Broun of the 46th moved that the following bill of the House be with drawn from the Senate Committee on Banking and Finance and committed to the Sen ate Committee on Economic Development and Tourism:

HB 95. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units authorized to issue such bonds; to provide for the al location of the state ceiling as imposed and authorized by federal law.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 95 was withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Committee on Economic Development and Tourism.

MONDAY, FEBRUARY 4, 1985

555

The Governor informed the Senate, by Memorandum dated January 29, 1985, that he had vetoed the following Section of HB 1, a bill providing for appropriations for the State Fiscal Year 1984-85:

"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 Telecommunications Network either directly or indirectly."

The following communications from Honorable Max Cleland, Secretary of State, were received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
January 25, 1985
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1985 Regu lar Session as of 3:00 p.m. on January 25, 1985. The list is numbered 482 through 551.
Attached is also a revision of the list of January 17 with the following changes: #15-Wayne Oliver, added Georgia Nationwide Insurance Indepen dent Contractors Assn.; #153-Peter Banks, corrected spelling of Amerada Hess and Medical Care Plan of Georgia; #159-Tony Hightower, deleted Northwest Thirty-First Avenue Corporation; and #305-Linda S. Lowe, added Continuum and American Civil Liberties Union.
Most sincerely,
/s/ Max Cleland
Attachments:
Received by /s/ Hamilton McWhorter Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby cer tify that the attached list contains the names and addresses of those persons,

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numbered 482 through 551, who have registered in the Docket of Legisla tive Appearance as of January 25, 1985, 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 25th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-five and of the Independence of the United States of America the Two Hundred and Ninth.
/s/ Max Cleland Secretary of State
(SEAL)
482. Guy Stancil, Jr. SELF 483 Dogwood Drive Lilburn, Georgia 30267 404/921-2726
483. Kathleen M. Tomlin Christian Council of Metro Atlanta 465 Boulevard Street, N.W. Atlanta, Georgia 30312 404/622-2235
484. Dr. Vernon W. Stone Educations 1027 Redbud Lane Atlanta, Georgia 30311 404/658-2582
485. Michael Eric Ross Marathon Oil Company 2500 Trust Company Tower Atlanta, Georgia 30303 404/572-4876
486. Janice Jones SELF 1683 Sherwood Circle College Park, Georgia 30349 404/997-3713
487. Ervin W. Goodroe Building Material Merchants Assn. P.O. Box 160 Austell, Ga. 30001 404/941-0223
488. Chris Hagy Georgia Industrial Group 3100 First Atlanta Tower Atlanta, Ga. 30383 404/658-8747

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557

489. William E. Renouf Associates Corporation of North America Suite 350 3395 N.E. Expressway Atlanta, Georgia 30341 404/457-3111
490. M.C. Petersen Oilman Paper Company Box 878 St. Marys, Ga. 31558 912/882-4241
491. George I. Winn, Jr. United Transportation Union P.O. Box 69 Manchester, Ga. 31816 404/846-2408
492. James R. Newman Southern Bell Telephone Company 125 Perimeter Center-West Atlanta, Ga. 30346 404/391-2281
493. Ronald O. Byrd U S V Pharmaceutical Inc. Route 9, Box 239-A Ringgold, Ga. 30736 404/861-4261
494. Phil Best REGISTERED AGENT City of McRae T.J. Smith Oil Company P.O. Box 457 McRae, Georgia 31055 912/868-5619
495. Bill Owens City of McRae 307 Huckabee Street McRae, Georgia 31055 912/868-2559
496. Connie Shaw Georgians for Freedom in Education 4818 Joy Lane Lilburn, Ga. 30247 404/923-9932
497. Robert L. Scott Lederle Laboratories a Division of American Cyanamid 5180 Peachtree Industrial Atlanta, Ga. 30341 404/455-0320

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498. Roland B. Anderton Vocational Placement Services, Inc. 771 Spring Street, N.W. Atlanta, Georgia 30379 404/881-0844
499. Nancy C. Birkeland Apartment Owners and Managers Association, Inc. 5600 Roswell Road Suite 360 North Atlanta, Ga. 30342 404/256-2831
500. Joe H. McKenzie, Jr. Freeport Kaolin Company P.O. Box 37 Gordon, Ga. 31031 912/628-7206
501. George A. Hanson Statesboro-Bulloch County Chamber of Commerce 323 S. Main Street Statesboro, Ga. 30458 912/764-6111
502. John A. Blackmon REGISTERED AGENT A.E. Staley Mfg. Company Atlanta Convention and Visitors Bureau Citicorp and Affiliates Ga. Automobile Dealers Assn. Ga. Hospitality and Travel Association Ga. Thoroughbred Owners and Breeders Assn. Hensley-Schmidt Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1800
503. Jerry S. Porter Solar Energy Industries Assn. of Ga. 301 Perimeter Center North Suite 220 Atlanta, Georgia 30346 404/396-1730
504. William T. Schwendler, Jr. Solar Energy Industries Association of Ga. 301 Perimeter Center North Suite 220 Atlanta, Georgia 30346 404/396-1730
505. D.H. "Jack" Brewer Olin Corporation 3501 Fifth Avenue Suite B Lake Charles, LA 70605 318/491-3434

MONDAY, FEBRUARY 4, 1985

559

506. Timothy McDonald, III Southern Christian Leadership Conference 334 Auburn Avenue Atlanta, Ga. 30312 404/522-1420
507. Stacy W. Erb Georgia Women's Political Caucus 110 Tuxedo Terrace Atlanta, Georgia 30342 404/237-8769
508. Ann Wells White REGISTERED AGENT Ga. Women's Political Caucus Planned Parenthood of Atlanta Area Colony House 1237 145 Fifteenth St., N.E. Atlanta, Ga. 30361 404/881-6665
509. Martha W. Gaines REGISTERED AGENT American Civil Liberties Union of Georgia MARTA Employees Legal Action Committee 2444 E. Adina Drive, N.E. Atlanta, Ga. 30324 404/586-5246
510. Lee F. Davenport, Jr. Brunswick Golden Isles Chamber of Commerce 4 Glynn Avenue Brunswick, Ga. 31520 912/265-0620
511. Jack D. Aiken Citizens for Liberty 705 Elkmont Drive, N.E. Atlanta, Georgia 30306 404/876-0592
512. Garrison Buford Baker White County Probate Judge P.O. Box 276 Cleveland, Ga. 30528 404/865-4141
513. Lanier Chambers County Commissioners Assn. White County Commission Cleveland, Ga. 30528 404/865-2235
514. Adrian N. Howard County Commissioner Assn. P.O. Box 517 Cleveland, Ga. 30528 404/865-3117

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515. Rita Valenti Georgia Nurses Association DeKalb General Hospital 2701 N. Decatur Road Decatur, Georgia 30033 404/297-5490
516. Hinson McAuIiffe REGISTERED AGENT Ga. Council on Moral and Civic Concerns Public Relations, Ga. Baptist Convention 55 Silverwood Road, N.E. Atlanta, Georgia 30342 404/255-0680
517. David Poythress REGISTERED AGENT Physical Therapy Association of Georgia Georgia Speech & Hearing Assn. 1180 Bellaire Drive Atlanta, Ga. 30319 404/237-4689
518. Brian Johnstone A T and T and Affiliated Cos. 133 Peach tree Street Suite 3300 Atlanta, Georgia 30303 404/525-1034
519. Joseph A. Parker Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339 404/955-0324
520. Steven L. Levetan Ga. Assn. of Scrap Processors 80 Milton Avenue, S.E. Atlanta, Georgia 30315 404/622-8124
521. Herbert H. Mabry AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312 404/525-2793
522. John N. Booth Bell South Mobility P.O. Box 1856 St. Simons Island, Ga. 31528 912/638-1040

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561

523. Stan Tretiak Adolph Company 2965 Flowers Road South Suite 133 Atlanta, Georgia 30341 404/451-8946
524. William T. Daniel, Jr. Rivendell Inc. 22 E 34th Street Savannah, Georgia 31401 912/234-8875
525. Michael McCay Democratic Party of Ga. P.O. Box 576 Cleveland, Georgia 30528 404/549-0293
526. Deborah Sheppard Campaign for a Prosperous Georgia P.O. Box 7302 Atlanta, Georgia 30357 404/659-5675
527. Bonnie D. Winfrey AAHCC REGISTERED AGENT Bradley Natural Childbirth St. Andrews United Meth. Church Georgians for Freedom in Education 5310 Old Bill Cook Road College Park, Georgia 30349 404/786-4599
528. Sam W. Doss, Jr. Federation of Ga. Hospitals P.O. Box 431 Rome, Georgia 30161
529. John D. Hopkins State Bar of Ga. Corporate Code Committee 2500 Trust Company Atlanta, Georgia 30303 404/572-4886
530. Elaine Sutphin Kayo Oil Company 1221 E. Main Street Chattanooga, TN 37408 615/756-5770
531. Ronald A. Pierce Kayo Oil Company 1221 E. Main Street Chattanooga, TN 37408 615/756-5770

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532. Richard Michael Manning National Rifle Assn. 1600 Rhode Island Ave (N.W.) Washington, D.C. 20036 202/828-6379
533. Donald T. Browne REGISTERED AGENT First National Bank Atlanta First Atlanta Corporation 2 Peachtree Street, N.W. Atlanta, Georgia 30302 404/588-5009
534. Frank J. Sparti II Business Council of Ga. 575 N. Omni International Atlanta, Georgia 404/223-2267
535. Jeff Bickerstaff American Family Life Assurance Company Columbus, Ga. 31999 404/323-3431
536. John H. Phillips, Jr. American Family Life Assurance Company Columbus, Ga. 31999 404/323-3421
537. Ruby Thompson Atlanta Assn. of Educators 201 Ashby Street, N.W. Suite 212 Atlanta, Georgia 30314 404/524-8605
538. Alethea K. Garnett Georgia Pacific Corporation P.O. Box 105605 Atlanta, Georgia 30348 404/521-4752
539. B-G Harless Houston County Taxpayers Assn. 412 Todd Circle Warner Robins, Ga. 31093 912/923-5395
540. Claude Hicks Houston County Taxpayers Assn. P.O. Box 48 Warner Robins, Ga. 31099 912/987-5481

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563

541. Calvin E. Sims Amalgamated Transit Union 250 Tenth Street Atlanta, Georgia 30346 404/892-1590
542. William M. Bates REGISTERED AGENT Bates Associates Interstate Paper Corporation Morehouse School of Medicine Tobacco Institute Suite 812 161 Spring Street Atlanta, Georgia 30303 404/588-1707
543. Theresa Ann Sipe Georgia Nurses Assn. 4873 Scotts Mill Way Duluth, Ga. 30136 404/447-4731
544. H. Philip Paradice, Jr. Georgia League of Savings Institutions Suite 507 41 Marietta Street, N.W. Atlanta, Georgia 30303 404/577-7910
545. James Wilkinson Dorsey The Bauhaus 99 Peachtree Battle Ave. Atlanta, Georgia 30305 404/355-1768
546. B. Robert Shipp Ga. Association Assessing Officers 439 Cotton Avenue Macon, Georgia 31201 912/744-7672
547. Eddie S. Castleway Hildleman Brewery 2 Northside 75 Suite 500 Atlanta, Georgia 30318 404/352-8900
548. Dr. James B. Keiller Southern Accrediting Assn. of Bible Colleges 892 Berne St., N.E. Atlanta, Ga. 30316 404/627-5279

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549. Roger Sharrock Ga. Assn. of Educators 1002 Stelling Road Augusta, Georgia 30902 404/737-7300
550. Shelia Gay Jarrett Home Schooling 6245 Jones Road College Park, Georgia 30349 404/969-0854
551. John C. Millican CIGNA Insurance Suite 1650 6850 Jimmy Carter Blvd. Norcross, Ga. 30071 404/449-8510

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 552 through 587, who have registered in the Docket of Legisla tive Appearance as of February 1, 1985, 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 1st day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-five and of the Independence of the United States of America the Two Hundred and Ninth.
/s/ Max Cleland Secretary of State
(SEAL)

552. Navida K. Lundsford Georgia Committee Against the Death Penalty 3057 N. Pharr Court, N.W. Apt. F-l Atlanta, Georgia 30305
553. J. Ben Shapiro, Jr. American Subcontractors Association, Ga. Chapter, Inc. 2300 First Atlanta Tower Atlanta, Georgia 30383 404/658-9050

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565

554. Herman R. Daniell Georgia Association of Assessing Officials 185 Washington Avenue, S.W. Marietta, Georgia 30060 404/429-3664
555. Mel Steely American Association of University Professors 60 S. Greenwood Drive Carrollton, Georgia 30117 404/834-1345
556. Donald R. Wagner American Association of University Professors 128 Stewart Street Carrollton, Georgia 30117
557. Ernest J. Green Georgia Audio Stress Examiners Association 1355 Panola Road Stone Mountain, Georgia 30088 404/469-6158
558. Ed Sumner REGISTERED AGENT Georgia Municipal Association Joint Municipal Employees Benefit System 34 Peachtree Street Suite 2300 Atlanta, Georgia 30303 404/688-0472
559. Raymond G. Farmer American Insurance Association 3475 Lenox Road Suite 765 Atlanta, Georgia 30326 404/261-8834
560. Frank E. Coggin REGISTERED AGENT City of Hapeville Georgia Association of Petroleum Retailers, Inc. 1705 Virginia Avenue College Park, Georgia 30354 404/768-3511
561. James Alien Langley International Association of Machinists Local 1690 2130 Mt. Zion Road Jonesboro, Georgia 30236 404/478-6063
562. Alfred T. Pitman Georgia Federal Bank 20 Marietta Street Atlanta, Georgia 30303 404/588-2437

566

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563. James C. Thompson United Auto Workers 1220 Winchester Park Suite 131 Smyrna, Georgia 30080 404/432-0761
564. Trip Martin Southern Bell 288-125 Perimeter Center West Atlanta, Georgia 30346 404/391-2482
565. Jim Kittrell Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318 404/352-0425
566. E. Culver "Rusty" Kidd REGISTERED AGENT Medical Association of Georgia MAG Mutual Insurance Company GAMPAC 938 Peachtree Street, N.E. Atlanta, Georgia 30309 404/876-7535
567. Newell "Buddy" Yarborough, Jr. GHA Georgia Hospital Association Atlanta, Georgia 30339 404/955-0324
568. James F. Fleming, Jr. DeKalb Chamber of Commerce 750 Commerce Drive Suite 201 Decatur, Georgia 30030 404/378-8000
569. Daniel L. Russell Atlanta Loss Prevention Specialists 4319 Covington Highway Suite 309L Decatur, Georgia 30035 404/288-8503
570. Mable Mitchell Green REGISTERED AGENT Zeta Phi Beta Sorority Big Bethel AME Church 1577 Ezra Church Drive, N.W. Atlanta, Georgia 30314 404/753-7513

MONDAY, FEBRUARY 4, 1985

567

571. Helen K. Threatt REGISTERED AGENT JUGS LINKS INC. 3077 Cherry Blossom Lane Atlanta, Georgia 30314 404/522-8980
572. Libra H. Williams Zeta Phi Beta Sorority P.O. Box 4653 Atlanta, Georgia 30303 404/753-1652
573. Doris Andrews Zeta Phi Beta Sorority P.O. Box 4653 Atlanta, Georgia 30303 404/691-7945
574. Katie S. Wynn REGISTERED AGENT Zeta Phi Beta Sorority Flipper Temple AME Church P.O. Box 4653 Atlanta, Georgia 30303 404/696-0211
575. Maude H. Roberts Zeta Phi Beta Sorority P.O. Box 4653 Atlanta, Georgia 30303 404/691-0388
576. Julia M. Glass REGISTERED AGENT Zeta Phi Beta Sorority Wheat Street Baptist Church 86 Morris Brown Drive, S.W. Atlanta, Georgia 30314 404/755-9503
577. Evelyn D. Brown Zeta Phi Beta Sorority 1349 Aniwara Avenue Atlanta, Georgia 30316 404/577-4860
578. Eleanor M. Bradley REGISTERED AGENT Zeta Phi Beta Sorority Irene Harris Guild of Alien Temple Church P.O. Box 4653 Atlanta, Georgia 30303 404/755-6705

568

JOURNAL OF THE SENATE

579. Rosebud G. Brown REGISTERED AGENT Zeta Phi Beta Sorority Liberty Baptist Church Baptist Ministers Wives Coterie New Friendship Baptist Church 970 Martin Luther King Drive Atlanta, Georgia 30315 404/622-1771
580. Emile R. Whatley Kappa Iota Zeta Sorority 1738 Springview Road, S.W. Atlanta, Georgia 30314 404/794-8247
581. Cornelia S. Glass Zeta Phi Beta Sorority 211 Memorial Drive Atlanta, Georgia 30312 404/522-0638
582. Robert B. Remar American Civil Liberties Union 630 Carnegie Building Atlanta, Georgia 30303 404/688-4000
583. Marynette Lovejoy Zeta Phi Beta Sorority 1479 Mozley Place Atlanta, Georgia 30314 404/752-7823
584. loma K. Glover Zeta Phi Beta Sorority 1925 Niskey Lake Road Atlanta, Georgia 30331 404/349-4020
585. Jim Parkman Business Council of Georgia 575 N. Omni International Atlanta, Georgia 30335 404/223-2275
586. Robert W. Chambers, Jr. Georgia Press Association Box 912 Athens, Georgia 30613 404/549-0123
587. Marti D. King Education 1630 Esquire Place Norcross, Georgia 30093 404/493-6099

MONDAY, FEBRUARY 4, 1985

569

SENATE CALENDAR
Monday, February 4, 1985
THIRTEENTH LEGISLATIVE DAY
SB 43 Sheriffs--minimum annual salaries (Gov Op--25th)
SB 68 Exit or Public Opinion Poll at Election--not within 250 feet (Gov Op--25th)
SB 72 Election Board Members--same per diem as General Assembly (SUBSTITUTE) (Gov Op--25th)
SB 73 Probate Judge Serving as Magistrate--$200 for magistrate services (Gov Op--25th)
SB 83 Judicial Circuit Employing Two Law Clerks--salary provisions for clerk (Gov Op--42nd)
SB 92 Funeral Establishment, Embalmers--change provisions on examina tion by board (Gov Op--30th)
SR 18 Southern Regional Education Compact--admission of Oklahoma (Int Coop--46th)
SR 33 I. M. Peoples Memorial Bridge--designate (Trans--54th)
SR 34 United States House of Representatives Members--four year terms (Gov Op--25th)
SR 44 Bust of Sidney Lanier--authorize placing in Capitol (Gov Op--26th)

The following general bill of the Senate, having been read the first time on Janu ary 16 and referred to the Senate Committee on Public Safety, withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Gov ernmental Operations on January 18, and favorably reported by the committee, was read the third time and put upon its passage:

SB 43. 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 sala ries of the sheriffs; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; 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:

570

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Walker

Voting in the negative were Senators Albert, Burton and Tysinger. Not voting were Senators Coleman (excused), Harrison and Turner. On the passage of the bill, the yeas were 50, nays 3. The bill, having received the requisite constitutional majority, was passed. The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 68. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to pro vide 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:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

MONDAY, FEBRUARY 4, 1985

571

Broun of 46th Brown of 47th Bryant Burton Cbb Coverdell Dawkins DDeeaaln
English Engram Fincher Foster Garner Gillis

Greene Harris Hine Holloway Horton oward Hudgins HKeungngeindsy
Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th <-,. |S|tuarmrb. augh,
Tate Timmons Tolleson Trulock Tysinger Walker

Not voting were Senators Coleman (excused), Harrison and Turner.

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

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

SB 72. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly; to provide a period of 14 days for filing notices of candidacy.

Senator Kidd of the 25th moved that SB 72 be committed to the Senate Commit tee on Governmental Operations.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 72 was committed to the Senate Committee on Governmental Operations.

SB 73. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-20 of the Official Code of Georgia Annotated, relating to magistrates and chief magistrates, so as to provide that a probate judge who also serves as a magistrate other than the chief magistrate shall be compensated for his services as magistrate in an amount not less than $200.00 per month; to provide for all related mat ters; to provide an effective date.

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

572

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:

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

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

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Tysinger Walker

Not voting were Senators Coleman (excused), Stumbaugh and Turner.

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

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

SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

MONDAY, FEBRUARY 4, 1985

573

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Coleman (excused) Howard

Stumbaugh

Turner

On the passage of the bill, the yeas were 52, nays 0.

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

SB 92. By Senators Garner of the 30th, Bowen of the 13th and Brannon of the 51st:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral estab lishments, so as to change the provisions relative to examination by the board; to change the qualifications for applicants and apprentices; to de lete certain provisions relating to examination and examination papers.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coverdell

574

JOURNAL OF THE SENATE

Dawkins Deal Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine

Holloway Horton Howard Hudgins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) English

Muggins Stumbaugh

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

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

SR 18. By Senator Broun of the 46th:
A resolution giving legislative approval to the admission of the State of Oklahoma into the Southern Regional Education Compact entered into by the State of Georgia and other Southern states; to declare that, upon ratification of the compact by the legislature and approval by the Gover nor of Oklahoma and approval by the legislature and by the Governor of the other states which are parties to the compact, the State of Oklahoma shall become a party to said compact.

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:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Burton

MONDAY, FEBRUARY 4, 1985

575

Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Mine Holloway Horton Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused)

Howard Kennedy (presiding)

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

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

Senator Scott of the 2nd introduced a doctor of the day, Dr. Don Wright, of Sa vannah, Georgia, and Senator Perry of the 7th introduced a doctor of the day, Dr. S. William Clark, of Waycross, Georgia.

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

SR 33. By Senator Fincher of the 54th: A resolution designating the I. M. Peeples Memorial Bridge.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant

576

JOURNAL OF THE SENATE

Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Kennedy (presiding)

Phillips Scott of 2nd

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 34. By Senator Kidd of the 25th:
A resolution urging Congress to propose an amendment to the Constitu tion of the United States to provide four-year terms of office for members of the United States House of Representatives.

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 Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Cobb Dean English Engram Foster Garner Gillis Greene Harris Harrison

Holloway Horton Hudgins Huggins Kidd Land Langford McGill McKenzie Perry

MONDAY, FEBRUARY 4, 1985

577

Ray Reddish Scott of 2nd Scott of 36th

Starr Tate Timmons Tolleson

Trulock Turner Walker

Those voting in the negative were Senators:

Albert Barker Burton Coverdell

Dawkins Deal Mine Howard

Peevy Phillips Stumbaugh Tysinger

Not voting were Senators Coleman (excused), Fincher and Kennedy (presiding).

On the adoption of the resolution, the yeas were 41, nays 12..

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

SR 44. By Senators Greene of the 26th, Harris of the 27th, Barnes of the 33rd and 53 others:
A resolution authorizing the placing of a bust of Sidney Lanier in the State Capitol Building.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson Trulock

Turner Tysinger Walker

Not voting were Senators Coleman (excused), Fincher and Kennedy (presiding).

On the adoption of the resolution, the yeas were 53, nays 0.

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

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

At 11:20 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:OO o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 5, 1985

579

Senate Chamber, Atlanta, Georgia Tuesday, February 5, 1985 Fourteenth Legislative Day

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

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

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

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

Mr. President:

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

HB 43. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to change the fee for acquiring certain prestige or special license plates; to require that a county decal be used with and affixed to prestige or special license plates.

HB 85. By Representatives Chambless of the 133rd, Walker of the 115th and Robinson of the 96th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of persons selected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts.

H B 156.

By Representatives Edwards of the 112th and Dunn of the 73rd:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic.

580

JOURNAL OF THE SENATE

HB 177.

By Representatives Couch of the 40th, Buck of the 95th, Chambless of the 133rd and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Offi cial Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to prohibit any person by means of a telephone communication for commercial purposes from making, directly or by means of an electronic recording device, any comment, request, sugges tion, or proposal which is obscene, lewd, lascivious, filthy or indecent.

HB 220.

By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to make it unlawful knowingly to sell, transfer, or convey any motor vehicle which was not manufactured to comply with certain federal emission and safety standards unless and until such motor vehicle is certified as complying with such applicable standards.

HB 221.

By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to provide that the State reve nue commissioner and the Department of Revenue shall not issue a cer tificate of registration and shall not issue a certificate of title to any motor vehicle which was not manufactured to comply with any federal emission and safety standards applicable to new motor vehicles.

HB 319.

By Representative Chambless of the 133rd:
A bill to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to delete certain provisions relating to qualifications of notaries; to delete certain provisions relating to application to be a notary; to change the provisions regarding confi dentiality of information; to add certain provisions regarding the seal of office and certain notary signatures.

HB 402.

By Representatives Richardson of the 52nd, Robinson of the 58th, Childs of the 53rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to permit the governing authority of DeKalb County to make street improvements in subdivisions and assess the cost with ap proval of owners of 51 percent of the property affected.

HB 419.

By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to provide by local Act for the creation of a charter commission to study all matters relative to the consolidation of the gov-

TUESDAY, FEBRUARY 5, 1985

581

ernments of the City of Brunswick and Glynn County and the establish ment of a county-wide successor government.

HB 421.

By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act placing the clerk of the Superior Court and the judge of the Probate Court of Glynn County on an annual salary, so as to change the provisions relative to the personnel of the clerk of superior court.

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

SB 177. By Senator Muggins of the 53rd:
A bill to amend an Act creating the Dade County Water and Sewer Authority, as amended by an Act approved April 2, 1973 (Ga. L. 1973, p. 2542), so as to change provisions relating to issuance of revenue bonds by the authority; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 178. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) in cer tain designated counties of this state, as amended, so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County.
Referred to Committee on Urban and County Affairs.

SB 179. By Senator Timmons of the llth:
A bill to amend an Act relating to the board of commissioners of Calhoun County, as amended, so as to change the compensation of the chair man of the board of commissioners; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 180. By Senator Timmons of the llth:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide an option for the sur viving spouse of certain superior court judges; to provide for payments in connection therewith; to provide for other matters relative thereto; to pro vide an effective date.
Referred to Committee on Retirement.

582

JOURNAL OF THE SENATE

SB 181. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide that any law enforcement officer may arrest a person if the law enforcement officer has probable cause to believe that such person has committed a criminal contempt of court by disobedience or resistance to a superior court order in a domestic relations case.
Referred to Committee on Public Safety.

SB 182. By Senator Foster of the 50th:
A bill to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented.
Referred to Committee on Judiciary.

SB 183. By Senator Reddish of the 6th:
A bill to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to the superior courts, so as to change the provisions relating to the term at which ap peals to the superior courts shall be tried; to provide for continuances; to provide for effect of a failure to try an appeal during certain terms.
Referred to Committee on Judiciary and Constitutional Law.

SB 184. By Senator McKenzie of the 14th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Macon County Industrial Building Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

SB 185. By Senators English of the 21st, Gillis of the 20th and Ray of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with re spect to postsecondary education, so as to revise comprehensively the pro visions relating to grants for attendance at colleges of osteopathic medicine; to declare legislative findings and purpose.
Referred to Committee on Human Resources.

SB 186. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit; to provide for the initial ap pointment, election, and term of office of said judge; to provide for the

TUESDAY, FEBRUARY 5, 1985

583

manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge.
Referred to Committee on Judiciary.

SB 187. By Senator Tysinger of the 41st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to repeal a provision which limits wage, salary, and fringe benefit increases which may be paid to certain officers and employees of the Authority; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 188. By Senator Cobb of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the Griffin-Spalding County Development Authority and its powers, duties, and authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

SB 189. By Senator Cobb of the 28th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coweta County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing.
Referred to Committee on Urban and County Affairs.

SB 190. By Senator Cobb of the 28th:
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 change the fees which medical examiners receive for per forming post-mortem examinations; to change the provisions relating to the duties of the coroner, medical examiner, and peace officer with re gard to a dead body and the scene of death.
Referred to Committee on Human Resources.

SR 96. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.

584

JOURNAL OF THE SENATE

SR 102. By Senators Bryant of the 3rd, Reddish of the 6th and Perry of the 7th:
A resolution authorizing the conveyance of certain state-owned real prop erty located on St. Simons Island, Glynn County, Georgia, to the Glynn County Board of Commissioners and the acceptance of certain real prop erty from the Glynn County Board of Commissioners located in Glynn County, Georgia, in consideration therefor; authorizing the lease of the real property acquired in the exchange of property with Glynn County to the United States of America.
Referred to Committee on Public Utilities.

SR 106. By Senator English of the 21st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners; to provide an effective date.
Referred to Committee on Public Utilities.

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

HB 43. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to change the fee for acquiring certain prestige or special license plates; to require that a county decal be used with and affixed to prestige or special license plates.
Referred to Committee on Banking and Finance.

HB 85. By Representatives Chambless of the 133rd, Walker of the 115th and Robinson of the 96th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of persons se lected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts.
Referred to Committee on Judiciary.

HB 156. By Representatives Edwards of the 112th and Dunn of the 73rd:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic.
Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 5, 1985

585

HB 177. By Representatives Couch of the 40th, Buck of the 95th, Chambless of the 133rd and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Offi cial Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to prohibit any person by means of a telephone communication for commercial purposes from making, directly or by means of an electronic recording device, any comment, request, sugges tion, or proposal which is obscene, lewd, lascivious, filthy or indecent.
Referred to Committee on Judiciary.

HB 220. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to make it unlawful knowingly to sell, transfer, or convey any motor vehicle which was not manufactured to comply with certain federal emission and safety standards unless and until such motor vehicle is certified as complying with such applicable standards.
Referred to Committee on Transportation.

HB 221. By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to provide that the State reve nue commissioner and the Department of Revenue shall not issue a cer tificate of registration and shall not issue a certificate of title to any motor vehicle which was not manufactured to comply with any federal emission and safety standards applicable to new motor vehicles.
Referred to Committee on Transportation.

HB 319. By Representative Chambless of the 133rd:
A bill to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to delete certain provisions relating to qualifications of notaries; to delete certain provisions relating to application to be a notary; to change the provisions regarding confi dentiality of information; to add certain provisions regarding the seal of office and certain notary signatures.
Referred to Committee on Judiciary.

HB 402. By Representatives Richardson of the 52nd, Robinson of the 58th, Childs of the 53rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to permit the governing authority of DeKalb County to make street improvements in subdivisions and assess the cost with ap proval of owners of 51 percent of the property affected.
Referred to Committee on Urban and County Affairs.

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HB 419. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to provide by local Act for the creation of a charter commission to study all matters relative to the consolidation of the gov ernments of the City of Brunswick and Glynn County and the establish ment of a county-wide successor government.
Referred to Committee on Urban and County Affairs.

HB 421. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act placing the clerk of the Superior Court and the judge of the Probate Court of Glynn County on an annual salary so as to change the provisions relative to the personnel of the clerk of superior court.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 158. Do pass as amended. SB 159. Do pass as amended.

HB 254. Do pass. HB 271. 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 11. Do pass.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

TUESDAY, FEBRUARY 5, 1985

587

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 70. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 62. SB 133. HB 95.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 145. Do pass by substitute. SR 46. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 30. Do pass. SB 123. Do pass.

HB 21. Do pass. HB 93. Do pass.

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HB 161. Do pass. HB 162. Do pass.

HB 163. Do pass. HB 164. Do pass. Respectfully submitted, Senator Deal of the 49th 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 282. Do pass by substitute.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Sen ate with the following recommendation:
SB 150. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 2. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public of ficers or employees generally, so as to authorize the Administrative Office of the Courts to provide for liability insurance coverage or contracts of indemnity for the judges and employees of the state courts, juvenile courts, magistrate courts, and probate courts; to change the definition of the term "agency".

SB 7. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, so as to define the methods of service of process in civil actions filed in the magistrate court; to provide an effective date.

TUESDAY, FEBRUARY 5, 1985

589

SB 48. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, so as to provide uniform practice and procedure provi sions regarding juries in state courts of counties; to provide for panels of jurors; to provide for six-person juries in civil and criminal cases; to pro vide for tales jurors; to provide for peremptory challenges; to provide for related matters.

SB 95. By Senator Greene of the 26th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the Council of Su perior Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the or ganization and administration of the council; to provide for the responsi bilities of the council; to allow for the receipt of funds.

SB 102. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, re lating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for en forcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor.

SB 121. By Senators Walker of the 43rd, Barnes of the 33rd, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education; to provide for limited immunity from actions for persons appointed as surrogate parents for children pursuant to certain federal law and regulations.

SB 130.

By Senators Greene of the 26th, Dean of the 31st, Howard of the 42nd and Harris of the 27th:
A bill to amend Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and dam ages under the "Fair Business Practices Act of 1975," so as to provide that copies of the pleadings shall be served upon the administrator.

SR 83. By Senators Greene of the 26th, Barnes of the 33rd and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to pro vide that a person convicted of murder and sentenced to life imprison ment shall not be eligible for parole before serving ten years in the peni tentiary; to provide that when, as part of a guilty plea to murder, a person agrees not to seek release, he shall remain imprisoned for his nat-

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ural life; to provide for the submission of this amendment for ratification or rejection.

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

Albert Allgood Baldwin Barker Barnes
Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

English Engram Fincher
Foster Garner pTillis. H arnson
Hme Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry
Phillips Rav Reddish Scott of 2nd
c tt c Scott of 7. , , Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Coleman (excused) Dawkins

Greene Harris

Land Tate

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend James D. Howell, Jr., pastor of Woodlawn United Methodist Church, Augusta, Georgia, who offered scripture reading and prayer.
Senator Garner of the 30th moved that the following bill of the Senate be with drawn from the Senate Committee on Children and Youth and committed to the Sen ate Committee on Offender Rehabilitation:
SB 157. By Senators Kennedy of the 4th and Kidd of the 25th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youth Offender Act of 1972"; to change the definition of a certain term; to delete the definition of a certain term; to delete provi sions relating to the Youthful Offender Division of the Department of Offender Rehabilitation.

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591

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 157 was withdrawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Offender Rehabilitation.

The following resolutions of the Senate were read and adopted:

SR 87. By Senators Foster of the 50th, Deal of the 49th, Brantley of the 56th and others:
A resolution commending Dr. James A. Kaufmann.

SR 103. By Senator Foster of the 50th: A resolution expressing regret at the passing of Robert H. Vickers.

SR 104. By Senator Foster of the 50th: A resolution commending Frank Adams Smith.

SR 105. By Senator English of the 21st: A resolution commending the Reverend Lucious Merrion.

SR 107. By Senator Dean of the 31st: A resolution in memory of Raymond Smith.

SR 108. By Senators Holloway of the 12th, Bowen of the 13th, McKenzie of the 14th and 53 other Senators:
A resolution expressing regret at the passing of William M. Humber, Jr.

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SR 109. By Senator Walker of the 43rd: A resolution commending James Flack.

SR 110. By Senator Walker of the 43rd: A resolution commending Kent Sanderson.

SR 111. By Senator Walker of the 43rd:
A resolution recognizing and congratulating the Southern Regional Council on Black American Affairs.

SR 112. By Senator Walker of the 43rd: A resolution commending Miss H. Patricia Warthan.

SR 114. By Senator Garner of the 30th: A resolution commending the Filibusters Softball Team.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 5, 1985
FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

TUESDAY, FEBRUARY 5, 1985

593

SB 141 Cobb, 28th Pike County
To provide for the nonpartisan nomination and election of the judge of the Probate Court; provides for requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing.

SB 142 Cobb, 28th Spalding County
To provide for the nonpartisan nomination and election of the judge of the Probate Court; provides for requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing.

HB 15 Bowen, 13th City of Moultrie Colquitt County
Amending Act creating a new charter for the city in said county; changes the composition of and the manner of election of the mayor and council of the city.

HB 290

Dean, 31st Paulding County
Amends Act creating the office of Tax Commissioner; changes compensa tion of Tax Commissioner.

HB 297 Turner, 8th Brooks County
Amends Act creating the board of county commissioners; changes the compensation of the chairman and the members of the board of county commissioners.

HB 298

Turner, 8th Brooks County
To provide for the compensation of the coroner; provides for the payment of such compensation.

HB 299

Turner, 8th Brooks County
To repeal an Act providing for the compensation of coroners in all coun ties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census.

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HB 304 Turner, 8th City of Valdosta Lowndes County
To continue in force and effect as part of the Constitution the amend ment which relates to creation of the Valdosta-Lowndes County Indus trial Authority and the powers and administration of the authority; to provide the authority for this Act.

HB 305 Turner, 8th City of Valdosta Lowndes County
To continue in force and effect as a part of the Constitution the amend ment which relates to establishment of the Central Valdosta Develop ment Authority and the powers and duties of the authority.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Coleman (excused)

Fincher

Land

English

Harrison

TUESDAY, FEBRUARY 5, 1985

595

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Tuesday, February 5, 1985
FOURTEENTH LEGISLATIVE DAY
SB 54 State Employee who is Deaf Interpreter--may be part-time other de partment (Ed--31st)
SB 59 Wastewater Treatment Plant--amend definition (AMENDMENT) (Nat R--20th)
SB 77 Libel Actions--change nature of relevant evidence (SUBSTITUTE) (J&CL--33rd)
SB 94 Game and Fish--define 10 and 20 foot nets (Nat R--20th) SB 115 Motor Vehicle Emission Inspection and Maintenance Act--redefine
responsible motor vehicle (Nat R--20th) SR 41 Bartow County--conveyance of property (AMENDMENT) (Pub
U--52nd) HB 25 Surface Mining Operation--provide for continuance after owners
change (Nat R--7th)

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

SB 54. By Senator Dean of the 31st:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies by public officials and employees, so as to permit certified oral or manual interpreters for deaf persons to enter into part-time em ployment with other departments or agencies of the state even though they are already employed by the state; to provide for 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:

Albert Allgood

Baldwin Barker

Barnes Bond

596
Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher Garner

JOURNAL OF THE SENATE

Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

Foster

Land

English

Harrison

Ray

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

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

SB 59. By Senators Gillis of the 20th, Bryant of the 3rd and Ray of the 19th:
A bill to amend Code Section 43-51-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to amend the definition of wastewater treatment plant; to provide an effective date.

The Senate Committee on Natural Resources offered the following amendment:

Amend SB 59 by striking lines 1 through 5 of Page 1 and inserting in lieu thereof the following:
"To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, known as the 'Certification of Water and Wastewater Treat ment Plant Operators and Laboratory Analysts Act,' so as to amend the definition of wastewater treatment plant; to change the termination date of and to continue the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Ana lysts and the laws relating to such board; to provide an".

TUESDAY, FEBRUARY 5, 1985

597

By striking lines 9 through 13 of Page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 51 of Title 43 of the Official Code of Georgia Annotated, known as the 'Certification of Water and Wastewater Treat ment Plant Operators and Laboratory Analysts Act,' is amended by striking paragraph (9) of Code Section 43-51-2, relating to definitions used in the 'Certification of Water and Wastewater Treatment Plant Op erators and Laboratory Analysts Act,' and inserting in lieu thereof a new".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By adding, following Section 1, a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by striking Code Sec tion 43-51-15, relating to termination of the board, and inserting in lieu thereof a new Code Section 43-51-15 to read as follows:
'43-51-15. For the purposes of Chapter 2 of this title, "The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Ana lysts shall be terminated on July 1, 1991, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'"

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

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

Burton Cobb Coverdell Dawkins Deal Dean Engrain Fincher Foster Garner Gillis Greene

Harris Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

598
Peevy Perry Phillips Ray Reddish

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr Stumbaugh
Tate

Tolleson Turner
Tysmger Walker

Those not voting were Senators:

Coleman (excused) English

Harrison Land

Timmons Trulock

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

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

SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 77:

A BILL
To be entitled an Act to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least seven days prior to the filing of the action; to provide that evidence of a plaintiffs failure to request retraction in this manner shall also be relevant and competent; to provide that the defendant may allege and give proof that a retraction was published within seven days after receipt of such a demand or was published in the next regular publication if no regular publication was made within such seven-day period; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 51 of the Official Code of Georgia Anno tated, relating to libel and slander, is amended by striking Code Section 51-

TUESDAY, FEBRUARY 5, 1985

599

5-11, relating to admissibility of evidence and damages in libel actions, and inserting in its place a new Code section to read as follows:
"51-5-11. (a) In any civil action for libel which charges the publi cation of an erroneous statement alleged to be libelous, it shall be rele vant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of the action or omitted to request retraction in this manner.
(b) In any such action, the defendant may allege and give proof of the following matters, as applicable:
(1) (A) That the matter alleged to have been published and to be libelous was published without malice;
(B) That the defendant, in a regular issue of the newspaper or other publication in question, within seven days after receiving written de mand, or in the next regular issue of the newspaper or other publication following receipt of the demand if the next regular issue was not pub lished within seven days after receiving the demand, corrected and re tracted the allegedly libelous statement in as conspicious and public a manner as that in which the alleged libelous statement was published; and
(C) That, if the plaintiff so requested, the retraction and correction were accompanied, in the same issue, by an editorial in which the alleg edly libelous statement was specifically repudiated; or
(2) That no request for correction and retraction was made in writ ing by the plaintiff.
(c) Upon proof of the facts specified in paragraph (1) or (2) of sub section (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, re traction, or explanation, including the editorial, if demanded, in mitiga tion of damages."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond BBorraawnnentnloeny Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Gillis Greene
Harris H."..alnrerison HortonJ Howard Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish S<S_,ccoott..tt ooff,. 23.,n6^dt.h ^tarr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative were Senators Garner and Holloway. Those not voting were Senators:

Coleman (excused) English

Fincher Land

Timmons

On the passage of the bill, the yeas were 49, nays 2.

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

SB 94. By Senators Gillis of the 20th, Bryant of the 3rd, Reddish of the 6th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing.

The report of the committee, which was favorable to the 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 5, 1985

601

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

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

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused) English

Land Timmons

Walker

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Bond of the 39th introduced Honorable Phoebe Asivo, who is the only female member of Parliament in Kenya.

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 115. By Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Offi cial Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle".

Senator Coverdell of the 40th offered the following amendment:

Amend SB 115 by striking on line 1, Page 6 the numbers "$10.00" and inserting in lieu thereof "$5.00", and by striking on line 6, Page 6 the num bers "50" and inserting in lieu thereof "250".

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JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Brannon Brantley Burton Coverdell Dawkins
Deal

Engram Harrison Howard Langford Peevy Phillips
Scott of 36th

Starr Stumbaugh Tate Tolleson Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Dean

English Fincher Foster Garner Gillis Greene Harris Mine Holloway Horton Hudgins

Huggins Kennedy Kidd McGill McKenzie Perry Ray Reddish Scott of 2nd Trulock Turner

Not voting were Senators Coleman (excused), Land and Timmons.

On the adoption of the amendment, the yeas were 20, nays 33, and the amend ment 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:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th

Brown of 47th Bryant Cobb Dean English Engram Fincher

Foster Garner Gillis Greene Harris Hine Holloway

Horton Hudgins Huggins Kennedy Kidd

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603

McGill McKenzie Perry Ray Reddish

Scott of 2nd Starr
Trulock Turner

Those voting in the negative were Senators:

Bond Brannon Brantley Burton Coverdell Dawkins

Deal Harrison Howard Langford Peevy Phillips

Scott of 36th Stumbaugh Tate Tolleson Tysinger Walker

Not voting were Senators Coleman (excused), Land and Timmons. On the passage of the bill, the yeas were 35, nays 18. The bill, having received the requisite constitutional majority, was passed.

SR 41. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state-owned real prop erty located in Bartow County, Georgia, to the City of Kingston, Geor gia; to provide an effective date.
The Senate Committee on Public Utilities offered the following amendment:
Amend SR 41 by striking on Page 2, Section 4, line 24, the following:
"of $10.00",
and inserting in lieu thereof the following:
"equal to the fair market value of the property".
On the adoption of the amendment, the yeas were 7, nays 32, and the amendment was lost.
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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

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

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused)

Harrison Land

McGill Timmons

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

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

HB 25. By Representative Alford of the 57th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining, so as to provide for the continuance of surface mining operations after a change in ownership under certain conditions; to raise the maximum bond that may be re quired for mining operators from $1,000.00 to $2,500.00 per acre and to provide for periodic reevaluations and adjustments to the bond amounts required.
Senate Sponsor: Senator Perry of the 7th.

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

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

TUESDAY, FEBRUARY 5, 1985

605

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused)

Harrison Hudgins

Land Timmons

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

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

Serving as doctor of the day today was Dr. Claudette Hayes of Carrollton, Georgia.

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

At 11:55 o'clock, A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 6, 1985 Fifteenth Legislative Day

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

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

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

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

Mr. President:

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

HB 48. By Representative Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to au thorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located.

HB 90. By Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses.

HB 94. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill 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 extend the time period during which the sale of solar energy equipment is exempt.

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607

HB 96. By Representatives Walker of the 115th, Rainey of the 135th and Godbee of the 110th:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, so as to authorize the department to develop and issue an official waterfowl stamp for the State of Georgia.

HB 123.

By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of public roads, so as to provide for a public hearing prior to the closing, relocation, or elimination of any grade crossing by means of an overpass or underpass.

HB 153.

By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A bill 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.

HB 189.

By Representative Colwell of the 4th:
A bill to amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years.

HB 199.

By Representative Bishop of the 94th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative ar rangements with other states.

HB 200.

By Representative Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of Department of Human Resources, so as to permit the Department of Human Resources to enter into interstate compacts with other states for the purpose of providing reciprocal adoption assistance services.

HB 209.

By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place.

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HB 231. By Representatives Thomas of the 69th, Evans of the 84th, Davis of the 45th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to issuance of search warrants, and Code Section 15-7-25 of the Official Code of Georgia An notated, relating to retired state court judges, so as to provide that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if authorized to do so by an active judge of the state court.

HB 257. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 28 of the Offi cial Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, so as to clarify that the state or its depart ments or agencies do not include state authorities and county or munici pal departments, agencies, bureaus, commissions, and authorities for pur poses of processing claims through the board.

HB 267. By Representatives Oliver of the 121st, Hays of the 1st, Colwell of the 4th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to provide that any employee of the Department of Offender Rehabilitation and of the State Board of Par dons and Paroles who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the employee is physi cally unable to perform the duties of this employment.

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

HR 20. By Representatives Hooks of the 116th and Walker of the 115th:
A resolution authorizing and directing the Department of Natural Re sources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh.

HR 50. By Representatives Triplet! of the 128th, Murphy of the 18th, Argo of the 68th and others:
A resolution providing for the designation of the "Zell Miller Corporate Conference Center" of the Georgia World Congress Center.

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609

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

HB 131.

By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council.

HB 420.

By Representatives Auten of the 156th and Ramsey 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; to change references to electors to qualified voters; to change the manner in which the votes shall be counted in the referendum election held for approval or rejection of a proposed charter or charters.

HB 432.

By Representative Adams of the 79th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment No. 106, duly ratified at the 1964 general election, which amendment created the Thomaston Of fice Building Authority.

HB 433.

By Representative Adams of the 79th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Thomaston-Upson County Industrial Development Authority, and to continue in force and effect as part of the Constitution of the State the 1982 constitutional amendment which amended the above amendment.

HB 434.

By Representative Adams of the 79th:
A bill to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment which authorized the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City.

HB 443.

By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the sal ary system of compensation, so as to change the compensation of the tax commissioner.

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HB 451.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to reincorporate and provide a new charter for the City of Helen, Georgia.

HB 467.

By Representatives Childs of the 53rd, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court.

HB 468.

By Representatives Childs of the 53rd, Williams of the 54th, Richardson of the 52nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the General Assembly to enact laws creating a civil service and merit system for county employees and employees of county officers of DeKalb County.

HB 472.

By Representative Sizemore of the 136th:
A bill to amend an Act incorporating the Town of Sumner in Worth County, so as to provide that the town council shall be elected from posts.

HB 482.

By Representative Carter of the 146th:
A bill to establish an airport authority for Berrien County, to be known as the "Berrien County Airport Authority."

HB 281.

By Representatives Burruss of the 20th, Wilson of the 20th, Lawler of the 20th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the im position of a special county 1 percent sales and use tax for road purposes; to provide that the imposition of any such tax must be approved by the voters of the county.

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

SB 191. By Senator Greene of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be substantially in a certain form; to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare,

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611

offer to prepare, or otherwise provide forms for living wills unless specifi cally requested to do so by a person desiring to execute a living will.
Referred to Committee on Judiciary and Constitutional Law.

SB 192. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release or diversion programs, so as to change the provisions relating to release of persons charged to pro gram; to provide that only indigent persons shall be eligible to participate in pretrial release or diversion programs; to define a certain term.
Referred to Committee on Offender Rehabilitation.

SB 193. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Wilkinson County on an annual salary so as to change the provisions relating to cost-of-living increases for the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

SB 194. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, as amended, so as to change the provisions relating to cost-of-living increases for the sheriff; to change the provisions relating to the appointment of personnel in the office of sheriff.
Referred to Committee on Urban and County Affairs.

SB 195. By Senator Kidd of the 25th:
A bill to amend an Act creating the office of tax commissioner of Wilkin son County, as amended, so as to change the provisions relating to costof-living increases for the tax commissioner; to change the provisions re lating to the appointment of personnel in the office of tax commissioner.
Referred to Committee on Urban and County Affairs.

SB 196. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Wil kinson County upon an annual salary in lieu of the fee system of compen sation, as amended, so as to change the provisions relating to cost-ofliving increases for the judge of the probate court.
Referred to Committee on Urban and County Affairs.

SB 197. By Senator Kidd of the 25th:
A bill to amend an Act providing that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County so as to provide for cost-of-living increases for mag-

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istrates under the chief magistrate and for the clerk of such court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 198. By Senator Garner of the 30th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide that to the extent permitted by federal law the homestead of a person who is over 65 and who is institutionalized in a nursing home or long-term care medical institution shall not be consid ered a resource in the determination of such person's eligibility for medi cal assistance.
Referred to Committee on Human Resources.

SB 199. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax com missioners, so as to change the minimum salaries of such officers; to pro vide an effective date.
Referred to Committee on Governmental Operations.

SB 200. By Senator Brannon of the 51st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31.
Referred to Committee on Human Resources.

SB 201. By Senators Harrison of the 37th and Barnes of the 33rd:
A bill to amend Code Section 31-11-8 of the Official Code of Georgia Annotated, relating to liability of persons rendering emergency care, so as to change the conditions for immunity from liability.
Referred to Committee on Judiciary and Constitutional Law.

SB 202. By Senators Bryant of the 3rd, Kennedy of the 4th and Perry of the 7th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force.
Referred to Committee on Defense and Veterans Affairs.

SB 203. By Senators Deal of the 49th and Scott of the 2nd:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor and the office of the Governor, so as

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613

to create the Juvenile Justice Commission; to provide for the powers and duties of the commission with respect to the study of the state's juvenile justice system for the purpose of achieving certain specified goals.
Referred to Committee on Judiciary.

SB 204. By Senator Hudgins of the 15th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and de ceptive acts or practices in insurance, so as to prohibit insurers from re fusing or refusing to continue to insure an individual, limiting coverage to an individual, or charging an individual a different rate for coverage solely because the individual is blind or partially blind.
Referred to Committee on Insurance.

SB 205. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, so as to change the membership of the association; to pro vide effective dates.
Referred to Committee on Economic Development and Tourism.

SR 115. By Senator Engram of the 34th:
A resolution encouraging the Department of Public Safety to provide certain information regarding organ donations.
Referred to Committee on Public Safety.

SR 116. By Senators Kidd of the 25th, Walker of the 43rd, Horton of the 17th and Engram of the 34th:
A resolution creating the Child Care Facilities for State Employees Study Committee.
Referred to Committee on Rules.

SR 117. By Senator Bowen of the 13th:
A resolution relative to the proposed closing of the railroad serving Ocilla, Georgia.
Referred to Committee on Public Utilities.

SR 118. By Senators Perry of the 7th, Bryant of the 3rd, McKenzie of the 14th and others:
A resolution creating the Corridor "L Highway Name Study Committee.
Referred to Committee on Rules.

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SR 120. By Senator Broun of the 46th:
A resolution creating the Senate Motor Vehicle Inspection Study Committee.
Referred to Committee on Rules.

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

HB 48. By Representative Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to au thorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located.
Referred to Committee on Governmental Operations.

HB 90. By Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses.
Referred to Committee on Judiciary and Constitutional Law.

HB 94. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill 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 extend the time period during which the sale of solar energy equipment is exempt.
Referred to Committee on Banking and Finance.

HB 96. By Representatives Walker of the 115th, Rainey of the 135th and Godbee of the 110th:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, so as to authorize the department to develop and issue an official waterfowl stamp for the State of Georgia.
Referred to Committee on Natural Resources.

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615

HB 123. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of public roads, so as to provide for a public hearing prior to the closing, relocation, or elimination of any grade crossing by means of an overpass or underpass.
Referred to Committee on Transportation.

HB 153. By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A bill 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.
Referred to Committee on Natural Resources.

HB 189. By Representative Colwell of the 4th:
A bill to amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years.
Referred to Committee on Offender Rehabilitation.

HB 199. By Representative Bishop of the 94th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative ar rangements with other states.
Referred to Committee on Interstate Cooperation.

HB 200. By Representative Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to permit the Department of Human Resources to enter into interstate compacts with other states for the purpose of pro viding reciprocal adoption assistance services.
Referred to Committee on Interstate Cooperation.

HB 209. By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place.
Referred to Committee on Governmental Operations.

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HB 231. By Representatives Thomas of the 69th, Evans of the 84th, Davis of the 45th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to issuance of search warrants, and Code Section 15-7-25 of the Official Code of Georgia An notated, relating to retired state court judges, so as to provide that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if authorized to do so by an active judge of the state court.
Referred to Committee on Judiciary.

HB 257. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 28 of the Offi cial Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, so as to clarify that the state or its depart ments or agencies do not include state authorities and county or munici pal departments, agencies, bureaus, commissions, and authorities for pur poses of processing claims through the board.
Referred to Committee on Urban and County Affairs (General).

HB 267. By Representatives Oliver of the 121st, Hays of the 1st, Colwell of the 4th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to provide that any employee of the Department of Offender Rehabilitation and of the State Board of Par dons and Paroles who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the employee is physi cally unable to perform the duties of this employment.
Referred to Committee on Offender Rehabilitation.

HB 281. By Representatives Burruss of the 20th, Wilson of the 20th, Thompson of the 20th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the im position of a special county 1 percent sales and use tax for road purposes; to provide that the imposition of any such tax must be approved by the voters of the county.
Referred to Committee on Banking and Finance.

HR 20. By Representatives Hooks of the 116th and Walker of the 115th:
A resolution authorizing and directing the Department of Natural Re sources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh.
Referred to Committee on Economic Development and Tourism.

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617

HR 50. By Representatives Triplett of the 128th, Murphy of the 18th, Argo of the 68th and Lee of the 72nd:
A resolution providing for the designation of the "Zell Miller Corporate Conference Center" of the Georgia World Congress Center.
Referred to Committee on Economic Development and Tourism.

HB 131. By Representative Adams of the 79th:
A bill to amend an Act establishing a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council.
Referred to Committee on Urban and County Affairs.

HB 420. By Representatives Auten of the 156th and Ramsey 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; to change references to electors to qualified voters; to change the manner in which the votes shall be counted in the referendum election held for approval or rejection of a proposed charter or charters.
Referred to Committee on Urban and County Affairs.

HB 432. By Representative Adams of the 79th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment No. 106, duly ratified at the 1964 general election, which amendment created the Thomaston Of fice Building Authority.
Referred to Committee on Urban and County Affairs.

HB 433. By Representative Adams of the 79th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Thomaston-Upson County Industrial Development Authority, and to continue in force and effect as part of the Constitution of the State the 1982 constitutional amendment which amended the above amendment.
Referred to Committee on Urban and County Affairs.

HB 434.

By Representative Adams of the 79th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City.

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HB 443. By Representatives Bargeron of the 108th and Ross of the 82nd:
A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the sal ary system of compensation, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 451. By Representatives Dover and Jamieson of the llth:
A bill to reincorporate and provide a new charter for the City of Helen, Georgia.
Referred to Committee on Urban and County Affairs.

HB 467. By Representatives Childs of the 53rd, Robinson of the 58th, Richardson of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court.
Referred to Committee on Urban and County Affairs.

HB 468. By Representatives Childs of the 53rd, Williams of the 54th, Richardson of the 52nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the General Assembly to enact laws creating a civil service and merit system for county employees and employees of county officers of DeKalb County.
Referred to Committee on Urban and County Affairs.

HB 472. By Representative Sizemore of the 136th:
A bill to amend an Act incorporating the Town of Sumner in Worth County, so as to provide that the town council shall be elected from posts.
Referred to Committee on Urban and County Affairs.

HB 482. By Representative Carter of the 146th:
A bill to establish an airport authority for Berrien County, to be known as the "Berrien County Airport Authority".
Referred to Committee on Urban and County Affairs.

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619

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

Mr. President:

The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 82. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 79. Do pass. HB 31. Do pass. HR 18. 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 of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 22. Do pass. SB 139. Do pass. SB 146. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills and

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resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 125. SR 81. HB 56.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 91. Do pass by substitute. SB 108. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Offender Rehabilitation has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 129. Do pass by substitute. SB 157. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 28. Do pass by substitute.

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621

SR 12. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 171. Do pass. SB 175. Do pass. SB 177. Do pass. SB 178. Do pass. SB 179. Do pass. SB 184. Do pass. SB 188. Do pass.

SB 189. HB 320. HB 321. HB 322. HB 323. HB 324. HB 392.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 30. By Senator Coverdell of the 40th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent of chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, so as to provide for the compensation of law enforce ment officers for attending hearings relative to the suspension of drivers' licenses for refusal to submit to chemical tests to determine blood alcohol content.

SB 62. By Senator Broun of the 46th:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery".

SB 70. By Senator Kidd of the 25th:
A bill to repeal Code Section 21-3-476 of the Official Code of Georgia Annotated, relating to selling or buying alcoholic beverages on primary or election days.

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SB 123. By Senator Deal of the 49th:
A bill to amend Article 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance viola tions, so as to provide that the chief magistrate of each county may es tablish a schedule of cash bonds for persons charged with ordinance vio lations and may designate officers authorized to accept such cash bonds.

SB 133.

By Senator Broun of the 46th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Offi cial Code of Georgia Annotated, the "Stone Mountain Memorial Associ ation Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of rea sonable ordinances by the association; to authorize the association to ap point security officers.

SB 145. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; to provide for the publication of such rules and regulations.

SB 150. By Senators Greene of the 26th, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursuant to applica tion by 100 percent of landowners, so as to provide that all municipalities may annex property when 100 percent of the landowners petition the mu nicipality for such annexation; to repeal the exemption for municipalities in counties having a population of 100,000 or more.

SB 158. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provi sions relating to issuance of grain dealers' licenses; to provide for annual renewal of such licenses; to provide for the immediate revocation of li censes by operation of law under certain circumstances.

SB 159. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the date on which warehouse licenses expire; to provide for the immediate revocation of licenses by operation of law under certain cir cumstances; to change the provisions relating to actions on bonds.

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623

SR 46. By Senator Mine of the 52nd:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the legislative suspension, revision, or veto of rules or regulations proposed by certain institutions, departments, or other agencies of the state; to provide for submission of this amendment for ratification or rejection.

HB 11. By Representative Richardson of the 52nd:
A bill to amend Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, so as to authorize attorney's fees in contempt of court actions involving child custody, child visitation, and property division.

HB 21. By Representatives Aaron of the 56th, Bishop of the 94th, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.

HB 93. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amend ing the Official Code of Georgia.

HB 95. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among the governmental units authorized to issue such bonds; to provide for the al location of the state ceiling as imposed and authorized by federal law.

HB 161.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to provide for the codification and recodification of the laws of Georgia; to create and reestablish the Code Revision Commission and provide for its membership.

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JOURNAL OF THE SENATE

HB 162.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to authorize the Code Revision Commission to provide for the publication of the Official Code of Geor gia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof.

HB 163.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to correct typographical, stylistic, and other er rors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

HB 164.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

HB 254.

By Representatives Reaves of the 147th, Walker of the 115th, Long of the 142nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly.

HB 271.

By Representatives Walker of the 115th, Reaves of the 147th, Smyre of the 92nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority.

HB 282.

By Representative Johnson of the 72nd:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," so as to change the defini tions of a nonfiscal retirement bill and a retirement bill having a fiscal impact.

WEDNESDAY, FEBRUARY 6, 1985

625

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

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Muggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Coleman (excused)

Coverdell Howard

Langford

Senator Harris of the 27th introduced the chaplain of the day, Reverend John Autry, pastor of East Thomaston Baptist Church, Thomaston, Georgia, who offered
scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 113. By Senator Kennedy of the 4th: A resolution commending Ms. Julie B. Lanier.

SR 119. By Senator Dean of the 31st: A resolution commending Sales and Marketing Executives-Atlanta.

SR 121.

By Senators McGill of the 24th and Kennedy of the 4th:
A resolution proclaiming February 7, 1985, as Georgia Farm Bureau Day at the state capitol.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman

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JOURNAL OF THE SENATE

of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1 st was excused from the Senate today.

SENATE CALENDAR
Wednesday, February 6, 1985
FIFTEENTH LEGISLATIVE DAY
SB 2 State, Juvenile, Magistrate Court Judges, Employees--liability insur ance coverage (J&CL--25th)
SB 7 Magistrate Court Civil Actions--service of process methods (J&CL--25th)
SB 48 Juries in State Courts of Counties--uniform practice and procedure (SUBSTITUTE) (Judy--49th)
SB 95 Council of Superior Court Judges of Georgia--create (J&CL--26th) SB 102 Amusement Ride Safety Act--enact (J&CL--33rd) SB 121 Surrogate Parent--limited immunity from civil damage liability
(J&CL--43rd) SB 130 Fair Business Practices Act--copies of pleadings served upon admin
istrator (J&CL--26th) SR 83 Convicted Murderer--when sentenced to life no parole for 10 years
(SUBSTITUTE) (J&CL--26th)

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

SB 2. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to purchase of liability insurance, etc., for public of ficers or employees generally, so as to authorize the Administrative Office of the Courts to provide for liability insurance coverage or contracts of indemnity for the judges and employees of the state courts, juvenile courts, magistrate courts, and probate courts; to change the definition of the term "agency".

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barnes

Bowen Brantley

WEDNESDAY, FEBRUARY 6, 1985

627

Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram Foster Gillis Greene

Harris Harrison Mine Horton Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Peevy

Perry Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon Coleman (excused)

English Fincher Garner Holloway

Langford Phillips Starr

On the passage of the bill, the yeas were 45, nays 0.

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

SB 7. By Senator Kidd of the 25th:
A bill to amend Code Section 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, so as to define the methods of service of process in civil actions filed in the magistrate court; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine

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JOURNAL OF THE SENATE

Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th

Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker
Bowen Brannon

Coleman (excused)
Fincher Howard

Phillips Starr

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

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

SB 95. By Senator Greene of the 26th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the Council of Su perior Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the or ganization and administration of the council; to provide for the responsi bilities of the council; to allow for the receipt of funds.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Peevy

WEDNESDAY, FEBRUARY 6, 1985

629

Perry Phillips Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Timmons

Tolleson Trulock
Turner Tysinger

Those not voting were Senators:

Brannon Coleman (excused)

Dawkins Fincher

Langford Walker

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

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

SB 102. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, re lating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for en forcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb
Coverdell Dawkins Deal

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

Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh Tate

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JOURNAL OF THE SENATE

Timmons Tolleson

Trulock Turner

Tysinger Walker

Not voting were Senators Brantley and Coleman (excused).

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

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

Senator Allgood of the 22nd moved that the following bill of the Senate be taken from the Table:

SB 111. By Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generating plants into the rate base of certain utility owners of such plants under certain circumstances.

On the motion, the yeas were 39, nays 3; the motion prevailed, and SB 111 was taken from the Table and placed at the foot of the Senate Calendar for today.

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

SB 121. By Senators Walker of the 43rd, Barnes of the 33rd, Peevy of the 48th and Foster of the 50th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education; to provide for limited immunity from actions for persons appointed as surrogate parents for children pursuant to certain federal law and regulations.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

WEDNESDAY, FEBRUARY 6, 1985

631

Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal DEnegalnish
Engram
Fincher
Foster
Garner Gillis

Greene Harrison Hine Holloway Horton Hward Hudgins Huggins KKiedndnedy
Land
Langford
McGill
McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th <,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Not voting were Senators Coleman (excused), Harris and Stumbaugh.

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

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

SB 130. By Senators Greene of the 26th, Dean of the 31st, Howard of the 42nd and Harris of the 27th:
A bill to amend Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and dam ages under the "Fair Business Practices Act of 1975," so as to provide that copies of the pleadings shall be served upon the administrator.

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

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

Those voting in the affirmative were Senators:

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

Burton Cobb Coverdell Dawkins Deal Dean English Engram Foster Garner Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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JOURNAL OF THE SENATE

Langford McGi11 pMecKenzie
perry
Phillips

Ray Reddish 0Sco.t.t of,. 3,,6.t,h
Starr
Tate

Tolleson Trulock ~Turner
Tysinger
Walker

Those not voting were Senators:

Broun of 46th Coleman (excused) Fincher

Gillis Scott of 2nd

Stumbaugh Timmons

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

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

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

SR 83. By Senators Greene of the 26th, Barnes of the 33rd and Gillis of the 20th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person convicted of murder and sentenced to life imprisonment shall not be eligible for parole before serving ten years in the penitentiary; to provide that when, as part of a guilty plea to murder, a person agrees not to seek release, he shall remain imprisoned for his natural life; to provide that when a person is not eligible for pardon or parole for a specified time, he may not be released by any means during such time; 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 IV, Section II of the Constitution is amended by striking in its entirety Paragraph II and inserting in its place a new Para graph II to read as follows:
"Paragraph II. Powers and authority, (a) Except as otherwise pro vided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
(b) (1) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the convicted

WEDNESDAY, FEBRUARY 6, 1985

633

person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
(2) When a person is convicted of armed robbery, the board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary.
(3) When a person is convicted of murder and sentenced to life im prisonment, such person shall not be eligible for consideration by the board for pardon or parole until such person has served at least ten years in the penitentiary.
(4) When, as part of a guilty plea to an indictment for murder, a person agrees in writing with the district attorney never to seek a pardon, parole, or other release and such agreement is made a part of the record of the plea and is approved in writing by the presiding judge, such person shall remain imprisoned for his natural life and shall not be eligible for release by pardon or parole by the board.
(c) Notwithstanding the provisions of subparagraph (b) of this Par agraph, the General Assembly, by law, may prohibit the board from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to:
(1) Any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to life im prisonment; and
(2) Any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts.
(d) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.
(0 Whenever in this Paragraph it is provided that a person is not eligible for pardon or parole for a specified length of time, such person shall not be released from imprisonment by any means or device during such time."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that a

634

JOURNAL OF THE SENATE

[ ] NO

person convicted of murder and sentenced to life imprisonment shall not be eligible for parole before serving ten years in the penitentiary, to provide that a person agree
ing, as part of a guilty plea to murder, not to seek release shall remain imprisoned for his natural life, and to pro vide that persons not eligible for parole for a specified time shall not be released by any means during such
time?"

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

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

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SR 83:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person convicted of murder and sentenced to life imprisonment shall not be eligible for parole before serving seven years in the penitentiary; to provide that when, as part of a guilty plea to murder, a person agrees not to seek release, he shall remain imprisoned for at least 30 years; 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 IV, Section II, Paragraph II of the Constitution is amended by striking in its entirety subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
(b) (1) When a sentence of death is commuted to life imprison ment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
(2) When a person is convicted of armed robbery, the board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary.
(3) When a person is convicted of murder and sentenced to life im prisonment, such person shall not be eligible for consideration by the board for pardon or parole until such person has served at least seven years in the penitentiary.
(4) When, as part of a guilty plea to an indictment for murder, a person agrees in writing with the district attorney never to seek a pardon, parole, or other release and such agreement is made a part of the record

WEDNESDAY, FEBRUARY 6, 1985

635

of the plea and is approved in writing by the presiding judge, such person shall remain imprisoned for at least 30 years and shall not be eligible for release by pardon, parole or any other means by the board during such period of time."

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 a person convicted of murder and sentenced to life imprisonment shall not be eligible for parole before serving seven years in the penitentiary and to provide that a per son agreeing, as part of a guilty plea to murder, not to seek release shall remain imprisoned for at least 30 years?"

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

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

Senator Land of the 16th offered the following amendment:

Amend the substitute to SR 83 offered by the Senate Committee on Judiciary and Constitutional Law by deleting the word "seven" on Page 2, line 3 and inserting in its place the word "fifteen".

Senator Land of the 16th asked unanimous consent to withdraw the amendment offered by him; the consent was granted, and the amendment was withdrawn.

Senators Dean of the 31st and Kennedy of the 4th offered the following amendment:

Amend the substitute to SR 83 offered by the Senate Committee on Judiciary and Constitutional Law by striking on line 3, Page 2 the word
"seven"
and inserting in lieu thereof the word "ten".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 43, nays 1, and the amendment was adopted.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to SR 83 offered by the Senate Committee on Judiciary and Constitutional Law by adding on line 7 of Page 1 after "30 years;" the following:
"to provide for commutation or reprieve in less than 30 years under certain circumstances;".
By adding on line 5 of Page 2 after the word "murder" the following:
"and where there is shown to exist any one of the statutory aggra vating circumstances as defined by law".
By adding before the quotation mark on line 13 of Page 2 a new sen tence to read as follows:
"However, a release in less than 30 years may be effected by com mutation or reprieve, provided that the sentencing judge, or in his ab sence the current chief judge, and the current district attorney in the circuit where the defendant was tried agree in writing that this is proper."

On the adoption of the amendment, the yeas were 40, nays 4, 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 adoption of the resolution by substitute, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley

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

Dean Engram Fincher Foster Garner Gillis Greene Harris

WEDNESDAY, FEBRUARY 6, 1985

637

Harrison Holloway Horton " oward HHuugdggiinnss
Kennedy
Kidd
Land

McGill McKenzie Peevy Perry _P.h,.l,,ll'Ps
Ra V
Reddish
Scott of 2nd

Starr Stumbaugh Timmons Tolleson ,,Trul.ock.
Turner
Tysinger
Walker

Those voting in the negative were Senators:

Bond

Langford

Tate

Mine

Scott of 36th

Not voting were Senators Coleman (excused) and English.

On the adoption of the resolution, the yeas were 49, nays 5.

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

Senator Kennedy of the 4th introduced Ms. Julie B. Lanier, having been com mended by SR 113, adopted previously today, upon being named Georgia's Teacher of the Year for 1984, 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 48. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, so as to provide uniform practice and procedure provi sions regarding juries in state courts of counties; to provide for panels of jurors; to provide for six-person juries in civil and criminal cases; to pro vide for tales jurors; to provide for peremptory challenges; to provide for related matters.

The Senate Committee on Judiciary offered the following substitute to SB 48:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide uniform practice and proce dure provisions regarding juries in state courts of counties; to provide for panels of jurors; to provide for juries of 12 in civil cases in state courts and

638

JOURNAL OF THE SENATE

superior courts; to provide for six-person juries for misdemeanor cases in state courts and superior courts; to provide for the filling of panels by addi tional competent and impartial jurors; to provide for peremptory challenges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-7-45, relat ing to jury composition and qualifications, and inserting in its place a new Code Section 15-7-45 to read as follows:
"15-7-45. Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composi tion, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts."
Section 2. Said title is further amended by striking in its entirety Code Section 15-12-122, relating to the panels of jurors in civil cases, and in serting in its place a new Code Section 15-12-122 to read as follows:
"15-12-122. In all civil actions in the state courts and in the supe rior courts, the judge, at each term, shall make up from the array two panels of 12 jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All civil cases in such courts shall be tried by one or the other of the panels if the parties shall agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels, from which the parties or their attorneys may strike alternately until there are only 12 jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike."
Section 3. Said title is further amended by striking in its entirety Code Section 15-12-123, relating to filling panels with tales jurors in civil cases, and inserting in its place a new Code Section 15-12-123 to read as follows:
"15-12-123. In all civil actions in the state courts and in the supe rior courts, each party may demand a full panel of 24 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury."
Section 4. Said title is further amended by striking in its entirety Code Section 15-12-125, relating to the selection of trial jurors for misdemeanor cases, and inserting in its place a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in the state courts and in the superior courts, the prosecuting attorney and the accused may select either panel of six of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 12 jurors in attendance, of which

WEDNESDAY, FEBRUARY 6, 1985

639

the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall constitute the jury."
Section 5. Said title is further amended by striking in its entirety Code Section 15-12-126, relating to tales jurors for misdemeanor cases, and in serting in its place a new Code Section 15-12-126 to read as follows:
"15-12-126. When the regular panels of trial jurors cannot be fur nished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The presiding judge shall draw the additional competent and im partial jurors from the jury box of the county and shall order the sheriff to summon them in the event that there are not sufficient jurors."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senators Deal of the 49th and Peevy of the 48th offered the following substitute to SB 48:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide uniform practice and proce dure provisions regarding juries in state courts of counties; to provide for panels of jurors; to provide for six-person juries in civil cases in state courts; to provide for six-person juries for misdemeanor cases in state courts and superior courts; to provide for the filling of panels by additional competent and impartial jurors; to provide for peremptory challenges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-7-45, relat ing to jury composition and qualifications, and inserting in its place a new Code Section 15-7-45 to read as follows:
"15-7-45. Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composi tion, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts."
Section 2. Said title is further amended by striking in its entirety Code Section 15-12-122, relating to the panels of jurors in civil cases, and in serting in its place a new Code Section 15-12-122 to read as follows:
"15-12-122. (a) In all civil actions in the state courts, the judge, at each term, shall make up from the array two panels of six jurors each

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JOURNAL OF THE SENATE

from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All cases in such courts shall be tried by one or the other of such panels if the parties shall agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there are only six jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike."
(b) In all civil actions in the superior courts, the judge, at each term, shall make up from the array two panels of 12 jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All civil cases in the superior courts shall be tried by one or the other of the panels if the parties shall agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the par ties or their attorneys a list of both panels, from which the parties or their attorneys may strike alternately until there are only twelve jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike."
Section 3. Said title is further amended by striking in its entirety Code Section 15-12-123, relating to filling panels with tales jurors in civil cases, and inserting in its place a new Code Section 15-12-123 to read as follows:
"15-12-123. (a) In all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury.
(b) In all civil actions in the superior courts, each party may de mand a full panel of 24 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the re quest of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury."
Section 4. Said title is further amended by striking in its entirety Code Section 15-12-125, relating to the selection of trial jurors for misdemeanor cases, and inserting in its place a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in all courts, the prose cuting attorney and the accused may select either panel of six of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 12 jurors in attendance, of which the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall constitute the jury."
Section 5. Said title is further amended by striking in its entirety Code Section 15-12-126, relating to tales jurors for misdemeanor cases, and in serting in its place a new Code Section 15-12-126 to read as follows:

WEDNESDAY, FEBRUARY 6, 1985

641

"15-12-126. When the regular panels of trial jurors cannot be fur nished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The presiding judge shall draw the additional competent and im partial jurors from the jury box of the county and shall order the sheriff to summon them in the event that there are not sufficient jurors."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by the Senate Committee on Judiciary, the yeas were 0, nays 33, and the substitute was lost.
On the adoption of the substitute offered by Senators Deal of the 49th and Peevy of the 48th, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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:

Albert Allgood Baldwin Barker Barnes
Bond
rannon BoTMroun %of 4A 6^th BBrrownt of 47th Burton C0bb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris
Harrison Hine
THTorton 3 Howard Muggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish
Scott of 2nd gScott of 36th o Stumubatug.h Tate Timmons Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bowen Coleman (excused)

Fincher

Hudgins

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 announced that the Senate would stand in recess from 12:15 o'clock P.M. until 1:30 o'clock P.M.
At 1:30 o'clock P.M., the President called the Senate to order.
The following general bill of the Senate, having been read the third time and placed on the Table on January 24 and taken from the Table previously today and placed at the foot of the Senate Calendar for today, was put upon its passage:

SB 111. By Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generating plants into the rate base of certain utility owners of such plants under certain circumstances.

The Senate Committee on Public Utilities offered the following substitute to SB 111:

A BILL
To be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generat ing plants into the rate base of certain utility owners of such plants under certain circumstances; to provide limitations upon the inclusion of costs of such plants within the rate base or rates of certain utilities; to provide for prudency determinations; to provide for commission orders and adjustments prescribing rate-making consequences under certain conditions; to provide for filings, hearings, proceedings, intervention, orders, and judicial review; to limit the filing for general rate increases by certain utilities; to require that certain cost savings be passed on to a utility's customers; to provide for inde pendent auditors and consultants; to provide for additional authority for the commission; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1985

643

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, is amended by adding af ter Code Section 46-2-26.3 a new Code section to read as follows:
"46-2-26.4 (a) As used in this Code section, the term:
(1) 'Commission' means the Georgia Public Service Commission.
(2) 'Facility' means a nuclear electric power generating plant in this state which is under construction on January 1, 1985.
(3) 'Nuclear purchased power expense' means costs paid by a utility for the purchase of nuclear capacity or energy from another entity.
(4) 'Utility' means any electric utility whose rates are regulated by the commission and which owns part or all of a facility.
(b) A utility's costs for a facility shall be phased into the rate base of that utility by the commission in equal annual installments over a pe riod of not less than three nor more than eight years, beginning January 1, 1986, but such costs in excess of the following amounts shall not be made a part of that rate base or otherwise included in the utility's rates approved by the commission:
(1) $6.9 billion;
(2) Any costs directly attributable to new requirements adopted or imposed by the Nuclear Regulatory Commission after July 1, 1984;
(3) Any costs due to unforeseeable and unavoidable labor stoppages;
(4) Any costs due to delay in facility operation caused by judicial or regulatory action which halts or delays facility licensing, operation, or both;
(5) Any carrying costs (Allowance for Funds Used During Con struction) attributable to the deferral of cost recovery as a result of the phase-in pursuant to subsection (b) of this Code section; and
(6) Any other costs actually incurred, the inclusion of which is nec essary to avoid the utility's rates being confiscatory as a result of this Code section.
(c) No later than March 1, 1987, the commission shall determine the prudency of the facility's construction costs and all costs related thereto. The factors which shall be considered by the commission in mak ing any determination of prudency or lack thereof under this Code sec tion shall be the following:
(1) A comparison of the final cost of the facility under consideration to the final cost of other facilities constructed within a reasonable time before or after construction of the facility under consideration;
(2) A comparison of any overruns in the construction cost of the

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facility under consideration with any cost overruns of any other electric power generating facility constructed within a reasonable time before or after construction of the facility under consideration;
(3) Whether certain costs incurred were necessary in order to com ply with federal or state laws or rules or regulations promulgated there under; and
(4) Whether the costs incurred were acceptable when incurred to a significant portion of the electric utility industry or were reasonable in light of the facts and circumstances which were known or should have been known at the time, but nothing in this subsection (c) shall be con strued to require the utility to have chosen a single or optimum alterna tive in order to have acted prudently if the alternative chosen is in the zone or range of reasonable alternatives under the circumstances.
(d) If the commission, based upon substantial evidence discovered in the commission's determination of prudency under subsection (c) of this Code section, finds any facility costs not to have been prudently in curred, the commission shall enter appropriate orders prescribing the rate-making consequences of such findings.
(e) If a utility has not received a low power operating license from the Nuclear Regulatory Commission by December 31, 1987, for the first unit of a facility whose costs are included in the utility's rate base pursu ant to subsection (b) of this Code section or if the first unit of a facility is not in commercial operation by December 31, 1988, the commission shall enter appropriate orders prescribing the rate-making consequences of such events. In making such orders, the commission shall consider, among other factors, the utility's financial situation, the causes of the delay, and the commission's determination of prudency pursuant to sub section (c) of this Code section.
(f) Commission orders under subsections (d) and (e) of this Code section may include, without being limited to, interest on rates paid for costs disallowed, which interest shall be at least at the rate specified in Code Section 48-2-40 for unpaid taxes.
(g) Within 45 days after this Code section becomes effective, any utility may file with the commission an application to determine the ap propriate rates and charges to be allowed the utility for recovery of its facility costs under subsection (b) of this Code section. After receipt of such filing, the commission shall hold at least one public hearing to deter mine such appropriate rates and charges. At any hearing or any proceed ing under this Code section formal intervention by customers of the util ity shall be permitted. The commission order issued pursuant to this subsection shall be rendered within 180 days from the date of the filing of any such application and shall contain, unless waived by all parties, the commission's findings of fact and conclusions of law upon which the commission's action is based, but such commission order shall first be come effective January 1, 1986. Such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50 known as the 'Georgia Administrative Procedure Act.' Should the commission fail or refuse to issue such order by the one hundred eightieth day after the

WEDNESDAY, FEBRUARY 6, 1985

645

utility's filing, the phase-in rates proposed by the utility shall be deemed adopted by the commission by operation of law and shall become effec tive on and after January 1, 1986.
(h) The commission is authorized to adjust appropriately the rate base of a utility because of the utility's share of ownership of a facility or because of changes in that utility's share of ownership.
(i) A utility whose rate base is required by this Code section to in clude, prior to March 1, 1987, facility costs incurred prior to that date shall not file with the commission for a general rate increase pursuant to Code Section 46-2-26.1 prior to March 1, 1987, unless the commission determines that without such increase the utility will face a dire financial emergency, that the utility's reliability of service will be unreasonably impaired, or that the utility's retail revenues are confiscatory.
(j) Fuel cost savings associated with operation of a nuclear generat ing plant and nuclear purchased power expenses shall be immediately passed on to a utility's customers pursuant to the procedure set forth in Code Section 46-2-25, but the commission by order may equalize any nuclear purchased power expenses over the period such expenses are to be incurred, giving appropriate effect to the carrying costs associated with the deferral of cost recovery caused by such equalization.
(k) In order to assist the commission in making any determination of prudency provided for in this Code section, the General Assembly may appropriate funds to the commission for the specific purpose of retaining one or more independent auditors or consultants, nationally recognized as being competent to make the investigations required for those prudency determinations; but those auditors or consultants shall be selected by the Attorney General, after consultation with the commission and the utility, and the findings of such auditors or consultants shall be reported to the commission for use in such determination of prudency.
(1) The authority provided by this Code section shall be in addition to any other authority of the commission now or hereafter provided by law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 2nd offered the following substitute to SB 111:

A BILL
To be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generat ing plants into the rate base of certain utility owners of such plants under certain circumstances; to provide limitations upon the inclusion of costs of

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such plants within the rate base or rates of certain utilities; to provide for prudency determinations; to provide for commission orders and adjustments prescribing rate-making consequences under certain conditions; to provide for filings, hearings, proceedings, intervention, orders, and judicial review; to limit the filing for general rate increases by certain utilities; to require that certain cost savings be passed on to a utility's customers; to provide for inde pendent auditors and consultants; to provide for additional authority for the commission; 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 46 of the Official Code of Georgia Anno
tated, relating to the Public Service Commission, is amended by adding af ter Code Section 46-2-26.3 a new Code section to read as follows:
"46-2-26.4 (a) As used in this Code section, the term:
(1) 'Commission' means the Georgia Public Service Commission.
(2) 'Facility' means a nuclear electric power generating plant in this state which is under construction on January 1, 1985.
(3) 'Nuclear purchased power expense' means costs paid by a utility for the purchase of nuclear capacity or energy from another entity.
(4) 'Utility' means any electric utility whose rates are regulated by the commission and which owns part or all of a facility.
(b) A utility's costs for a facility shall be phased into the rate base of that utility by the commission in equal annual installments over a pe riod of not less than three nor more than eight years, beginning January 1, 1986, or over a period of not less than three nor more than six years if such phase-in is ordered to begin upon the date of commercial operation of each unit of the facility, but such costs in excess of the utility's share of the following amounts shall not be made a part of that rate base or otherwise included in the utility's rates approved by the commission:
(1) $6.9 billion if the phase-in begins January 1, 1986; or each fa cility unit's share of $7.2 billion if the phase-in begins upon the date of that unit's commercial operation;
(2) Any costs directly attributable to new requirements adopted or imposed by the Nuclear Regulatory Commission after July 1, 1984;
(3) Any costs due to unforeseeable and unavoidable labor stoppages;
(4) Any costs due to delay in facility operation caused by judicial or regulatory action which halts or delays facility licensing, operation, or both;
(5) Any carrying costs (Allowance for Funds Used During Con struction) attributable to the deferral of cost recovery as a result of the phase-in pursuant to subsection (b) of this Code section; and
(6) Any other costs actually incurred, the inclusion of which is nee-

WEDNESDAY, FEBRUARY 6, 1985

647

essary to avoid the utility's rates being confiscatory as a result of this Code section.
(c) No later than March 1, 1987, the commission shall determine the prudency of the facility's construction costs and all costs related thereto. The factors which shall be considered by the commission in mak ing any determination of prudency or lack thereof under this Code sec tion shall be the following:
(1) A comparison of the final cost of the facility under consideration to the final cost of other facilities constructed within a reasonable time before or after construction of the facility under consideration;
(2) A comparison of any overruns in the construction cost of the facility under consideration with any cost overruns of any other electric power generating facility constructed within a reasonable time before or after construction of the facility under consideration;
(3) Whether certain costs incurred were necessary in order to com ply with federal or state laws or rules or regulations promulgated there under; and
(4) Whether the costs incurred were acceptable when incurred to a significant portion of the electric utility industry or were reasonable in light of the facts and circumstances which were known or should have been known at the time, but nothing in this subsection (c) shall be con strued to require the utility to have chosen a single or optimum alterna tive in order to have acted prudently if the alternative chosen is in the zone or range of reasonable alternatives under the circumstances.
(d) If the commission, based upon substantial evidence discovered in the commission's determination of prudency under subsection (c) of this Code section, finds any facility costs not to have been prudently in curred, the commission shall enter appropriate orders prescribing the rate-making consequences of such findings.
(e) If a utility has not received a low power operating license from the Nuclear Regulatory Commission by December 31, 1987, for the first unit of a facility whose costs are included in the utility's rate base pursu ant to subsection (b) of this Code section or if the first unit of a facility is not in commercial operation by December 31, 1988, the commission shall enter appropriate orders prescribing the rate-making consequences of such events. In making such orders, the commission shall consider, among other factors, the utility's financial situation, the causes of the delay, and the commission's determination of prudency pursuant to sub section (c) of this Code section.
(f) Commission orders under subsections (d) and (e) of this Code section may include, without being limited to, interest on rates paid for costs disallowed, which interest shall be at least at the rate specified in Code Section 48-2-40 for unpaid taxes.
(g) Within 45 days after this Code section becomes effective, any utility may file with the commission an application to determine the ap propriate rates and charges to be allowed the utility for recovery of its

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facility costs under subsection (b) of this Code section. After receipt of such filing, the commission shall hold at least one public hearing to deter mine such appropriate rates and charges. At any hearing or any proceed ing under this Code section formal intervention by customers of the util ity shall be permitted. The commission order issued pursuant to this subsection shall be rendered within 180 days from the date of the filing of any such application if the commission determines the phase-in should begin January 1, 1986, but such commission order shall first become ef fective January 1, 1986. Should the commission fail or refuse to issue such order by the one hundred eightieth day after the utility's filing, the commission shall be deemed to have ordered a phase-in beginning upon the date of a facility unit's commercial operation and the utility shall refile an application within 180 days prior to the scheduled date of that unit's commercial operation to determine the appropriate rates and charges to be allowed the utility for the recovery of those facility unit costs beginning upon the date of commercial operation, and should the commission fail or refuse by the actual date of a unit's commercial oper ation to issue an order or a phase-in of unit rates beginning on the unit's date of commercial operation, the phase-in rates proposed by the utility shall be deemed adopted by the commission to become effective upon the actual date of a unit's commercial operation. All orders by the commis sion, unless waived by all parties, shall contain the commission's findings of fact and conclusions of law upon which the commission's action is based. A commission order under this subsection shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'
(h) The commission is authorized to adjust appropriately the rate base of a utility because of the utility's share of ownership of a facility or because of changes in that utility's share of ownership.
(i) A utility whose rate base is required by commission order pursu ant to this Code section to include, effective January 1, 1986, facility costs incurred prior to that date shall not file with the commission for a general rate increase pursuant to Code Section 46-2-26.1 prior to March 1, 1987, unless the commission determines that without such increase the utility will face a dire financial emergency, that the utility's reliability of service will be unreasonably impaired, or that the utility's retail revenues are confiscatory.
(j) Fuel cost savings associated with operation of a nuclear generat ing plant and nuclear purchased power expenses shall be immediately passed on to the utility's customers pursuant to the procedure set forth in Code Section 46-2-25, but the commission by order may equalize any nuclear purchased power expenses over the period such expenses are to be incurred, giving appropriate effect to the carrying costs associated with the deferral of cost recovery caused by such equalization.
(k) In order to assist the commission in making any determination of prudency provided for in this Code section, the General Assembly may appropriate funds to the commission for the specific purpose of retaining one or more independent auditors or consultants, nationally recognized as being competent to make the investigations required for those prudency determinations; but those auditors or consultants shall be selected by the

WEDNESDAY, FEBRUARY 6, 1985

649

Attorney General, after consultation with the commission and the utility, and the findings of such auditors or consultants shall be reported to the commission for use in such determination of prudency.
(1) The authority provided by this Code section shall be in addition to any other authority of the commission now or hereafter provided by law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 2nd asked unanimous consent to withdraw the substitute to SB 111 offered by him; the consent was granted, and the substitute was withdrawn.

Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th offered the following substitute to SB 111:

A BILL
To be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generat ing plants into the rate base of certain utility owners of such plants under certain circumstances; to provide for definitions; to provide limitations upon the inclusion of costs of such plants within the rate base or rates of certain utilities; to provide for prudency determinations; to provide for commission orders and adjustments prescribing rate-making consequences under certain conditions; to provide for filings, hearings, proceedings, intervention, orders, and judicial review; to require that certain cost savings be passed on to a utility's customers; to provide for independent auditors and consultants; to provide for additional authority for the commission; 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 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, is amended by adding af ter Code Section 46-2-26.3 a new Code section to read as follows:
"46-2-26.4 (a) As used in this Code section, the term:
(1) 'Commission' means the Georgia Public Service Commission.
(2) 'Facility' means a nuclear electric power generating plant in this state which is under construction on January 1, 1985.
(3) 'Nuclear purchased power expense' means costs paid by a utility for the purchase of nuclear capacity or energy from another entity.

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(4) 'Utility' means any electric utility whose rates are regulated by the commission and which owns part or all of a facility.
(b) A utility's costs for a facility shall be phased into the rate base of that utility by the commission in equal annual installments over a pe riod of not less than three nor more than six years to begin upon the date of commercial operation of each unit of the facility, but such costs in excess of the utility's share of the following amounts shall not be made a part of that rate base or otherwise included in the utility's rates approved by the commission:
(1) Each facility unit's share of $7.2 billion;
(2) Any costs directly attributable to new requirements adopted or imposed by the Nuclear Regulatory Commission after July 1, 1984;
(3) Any costs due to unforeseeable and unavoidable labor stoppages;
(4) Any costs due to delay in facility operation caused by judicial or regulatory action which halts or delays facility licensing, operation, or both;
(5) Any carrying costs (Allowance for Funds Used During Con struction) attributable to the deferral of cost recovery as a result of the phase-in pursuant to subsection (b) of this Code section; and
(6) Any other costs actually incurred, the inclusion of which is nec essary to avoid the utility's rates being confiscatory as a result of this Code section.
(c) No later than March 1, 1987, the commission shall determine the prudency of the facility's construction costs and all costs related thereto. The factors which shall be considered by the commission in mak ing any determination of prudency or lack thereof under this Code sec tion shall be the following:
(1) A comparison of the final cost of the facility under consideration to the final cost of other facilities constructed within a reasonable time before or after construction of the facility under consideration;
(2) A comparison of any overruns in the construction cost of the facility under consideration with any cost overruns of any other electric power generating facility constructed within a reasonable time before or after construction of the facility under consideration;
(3) Whether certain costs incurred were necessary in order to com ply with federal or state laws or rules or regulations promulgated there under; and
(4) Whether the costs incurred were acceptable when incurred to a significant portion of the electric utility industry or were reasonable in light of the facts and circumstances which were known or should have been known at the time, but nothing in this subsection (c) shall be con strued to require the utility to have chosen a single or optimum alterna-

WEDNESDAY, FEBRUARY 6, 1985

651

live in order to have acted prudently if the alternative chosen is in the zone or range of reasonable alternatives under the circumstances.
(d) If the commission, based upon substantial evidence discovered in the commission's determination of prudency under subsection (c) of this Code section, finds any facility costs not to have been prudently in curred, the commission shall enter appropriate orders prescribing the rate-making consequences of such findings.
(e) No sooner than 210 days prior to the scheduled date of commer cial operation of a facility unit and no later than 180 days prior to such date, any utility may file with the commission an application to deter mine the appropriate rates and charges to be allowed the utility for re covery of its facility costs under subsection (b) of this Code section. After receipt of such filing, the commission shall hold at least one public hear ing to determine such appropriate rates and charges. At any hearing or any proceeding under this Code section formal intervention by customers of the utility shall be permitted. The commission order issued pursuant to this subsection shall be rendered within 180 days from the date of the filing of any such application. Should the commission fail or refuse to issue such order by the one hundred eightieth day after the utility's fil ing, the phase-in rates proposed by the utility shall be deemed adopted by the commission to become effective upon the actual date of a unit's commercial operation. All orders by the commission, unless waived by all parties, shall contain the commission's findings of fact and conclusions of law upon which the commission's action is based. A commission order under this subsection shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, known as the 'Georgia Administra tive Procedure Act.'
(f) The commission is authorized to adjust appropriately the rate of a utility because of the utility's share of ownership of a facility or be cause of changes in that utility's share of ownership.
(g) Fuel cost savings associated with operation of a nuclear generat ing plant and nuclear purchased power expenses shall be immediately passed on to a utility's customers pursuant to the procedure set forth in Code Section 46-2-25, but the commission by order may equalize any nuclear purchased power expenses over the period such expenses are to be incurred, giving appropriate effect to the carrying costs associated with the deferral of cost recovery caused by such equalization.
(h) In order to assist the commission in making any determination of prudency provided for in this Code section, the General Assembly may appropriate funds to the commission for the specific purpose of retaining one or more independent auditors or consultants, nationally recognized as being competent to make the investigations required for those prudency determinations; but those auditors or consultants shall be selected by the Attorney General, after consultation with the commission and the utility, and the findings of such auditor or consultants shall be reported to the commission for use in such determination of prudency.
(i) The authority provided by this Code section shall be in addition

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to any other authority of the commission now or hereafter provided by law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th as follows:
On Page 2, line 29 after the word "both;", insert the following:
"unless that judicial or regulatory action was found against the util ity for failure to properly comply with regulations which govern it."

On the adoption of the amendment, the yeas were 39, nays 3, and the amendment was adopted.

Senators Tate of the 38th, Barker of the 18th and Langford of the 35th offered the following amendment:

Amend the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th by dropping paragraphs (g) (h) and (i) on Page 5 to new paragraphs (h) (i) and (j) and placing on line 5, Page 5, a new paragraph (g) to read as follows:
"(g) The Commission is authorized and shall, at the end of the phase-in period, reduce each consumer's utility bill to a rate that it projects the rate would have been had the facility not been constructed in the first place."
Paragraphs (h) (i) and (j) will then follow the new paragraph (g).

On the adoption of the amendment, Senator Tate of the 38th called for the yeas and nays; the call was not sustained. The yeas were 6, nays 33, and the amendment was lost.

Senator Horton of the 17th offered the following amendment:

Amend the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th by striking on line 10, Page 3 the word "be" and inserting the word "include".

WEDNESDAY, FEBRUARY 6, 1985

653

On the adoption of the amendment, Senator Horton of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Brannon Broun of 46th Coverdell Dawkins Deal English Engram

Fincher Foster Gillis Greene Harris Horton Howard Huggins Land

Langford Peevy Ray Scott of 36th Starr Stumbaugh Tate Trulock Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Bowen Brown of 47th Bryant Burton Cobb Dean

Garner Harrison Hine Holloway Hudgins Kennedy Kidd McGill

McKenzie Perry Phillips Reddish Scott of 2nd Tolleson Turner Tysinger

Not voting were Senators Brantley, Coleman (excused) and Timmons.

On the adoption of the amendment, the yeas were 28, nays 25, and the amend ment was adopted.

Senator Langford of the 35th offered the following amendment:

Amend the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th by striking on line 10 of Page 3 the following:
"be",
and inserting in its place the following:
"include without being limited to".

On the adoption of the amendment, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Barnes Bond Broun of 46th Coverdell Dawkins Deal English

Engram Greene Harrison Howard Land Langford Peevy

Ray Scott of 36th Starr Stumbaugh Tate Trulock Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin Bowen Brannon Brown of 47th Bryant Burton Cobb Dean Fincher

Foster Garner Gillis Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd

McGill McKenzie Perry Phillips Reddish Scott of 2nd Timmons Tolleson Turner Tysinger

Not voting were Senators Barker, Brantley and Coleman (excused).

On the adoption of the amendment, the yeas were 21, nays 32, and the amend ment was lost.

Senators Howard of the 42nd, Coverdell of the 40th, Trulock of the 10th, Stumbaugh of the 55th and Burton of the 5th offered the following amendment:

Amend the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th by striking from Page 3, lines 5 through 34, and by striking from Page 4, lines 1 through 9;
and by striking from Page 5 at lines 16 and 17 the words,
"provided for in this Code section";
and by striking from Page 1, lines 8 and 9 the words,
"to provide for prudency determinations;".

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

WEDNESDAY, FEBRUARY 6, 1985

655

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Burton Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Howard Land Langford

Peevy Perry Ray Scott of 36th Starr Stumbaugh Timmons Trulock Walker

Those voting in the negative were Senators:

Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Fincher

Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd

McGill McKenzie Phillips Reddish Scott of 2nd Tate Tolleson Turner Tysinger

Not voting were Senators Brantley and Coleman (excused).

On the adoption of the amendment, the yeas were 27, nays 27, and the amend ment was lost.

Senator Howard of the 42nd moved that the Senate reconsider its action in defeat ing the amendment offered by Senators Howard of the 42nd, Coverdell of the 40th, Trulock of the 10th, Stumbaugh of the 55th and Burton of the 5th.

On the motion, the yeas were 31, nays 17; the motion prevailed, and the Senate reconsidered its action in defeating the amendment offered by Senators Howard of the 42nd, Coverdell of the 40th, Trulock of the 10th, Stumbaugh of the 55th and Burton of the 5th.

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:

Albert Barker Barnes

Bond Brannon Burton

Coverdell Dawkins Deal

656
Dean English f8 ram Foster Garner Gillis Greene

JOURNAL OF THE SENATE

Howard Land
an/?!?r McGill Peevy Perry
Ray

Scott of 36th Starr Stumbaugh
6 late Trulock
Walker

Those voting in the negative were Senators:

Allgood Baldwin
Bowen
Brown 'of^h Bryant Cobb Fincher Harris

Harrison Hine
Holloway
^ Hudgms Huggins Kennedy Kidd

McKenzie Phillips
Reddish
^ f 2" Timmons Tolleson Turner Tysinger

Not voting were Senators Brantley and Coleman (excused).

On the adoption of the amendment, the yeas were 29, nays 25, and the amend ment offered by Senators Howard of the 42nd, Coverdell of the 40th, Trulock of the 10th, Stumbaugh of the 55th and Burton of the 5th was adopted.

Senators Trulock of the 10th and Garner of the 30th offered the following substi tute to SB 111:

A BILL
To be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to require the commission to phase in the costs of certain nuclear generat ing plants into the rates of certain utility owners of such plants under cer tain circumstances; to provide for definitions; to provide for additional au thority for the commission; 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 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, is amended by adding af ter Code Section 46-2-26.3 a new Code section to read as follows:
"46-2-26.4 (a) As used in this Code section, the term:
(1) 'Commission' means the Georgia Public Service Commission.

WEDNESDAY, FEBRUARY 6, 1985

657

(2) 'Facility' means a nuclear electric power generating plant in this state which is under construction on January 1, 1985.
(3) 'Nuclear purchase power expense' means costs paid by a utility for the purchase of nuclear capacity or energy from another entity.
(4) 'Replacement energy cost' means the lowest cost of energy which would be available to replace energy generated by a unit or units of the facility if the facility were not producing electricity.
(5) 'Utility' means any electric utility whose rates are regulated by the commission and which owns part or all of a facility.
(b) The commission may phase in the cost of a facility including but not limited to nuclear purchased power expense into the rates charged by a utility over a period of years not to exceed the useful life of the facility.
(c) If the commission determines that a phase-in of cost is in the public interest, the commission may choose any just and reasonable method including but not limited to deferred rate base treatment, de ferred capital recovery, various depreciation and capital recovery meth ods, recovery of cost by substituting replacement energy cost for actual fuel cost in fuel cost recovery and using the difference to amortize or reduce the facility's cost, or other such regulatory method or methods as the commission may find just and reasonable."
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 adoption of the substitute to SB 111 offered by the Senate Committee on Pub lic Utilities, the yeas were 0, nays 41, and the committee substitute was lost.

On the adoption of the substitute to SB 111 offered by Senators Trulock of the 10th and Garner of the 30th, Senator Trulock of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brannon Burton Deal

English Garner Howard Hudgins

Land Peevy Ray Trulock

658

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Allgood Baldwin
Bond Bowen , Broun of 46th Brown of 47th
Cobb Coverdell Dawkins Dean Engram Fincher

Foster Greene Harris
Harrison Hine Holloway Horton
Huggins Kennedy Kidd Langford McGill McKenzie

Perry Phillips Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh
Tate Timmons Tolleson Turner Tysinger Walker

Not voting were Senators Brantley, Coleman (excused) and Gillis.

On the adoption of the substitute, the yeas were 13, nays 40, and the substitute offered by Senators Trulock of the 10th and Garner of the 30th was lost.

On the adoption of the substitute to SB 111 offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Broun of 46th Brown of 47th Bryant Cobb Coverdell
Dean
Engram
Fincher

Foster Garner Harris Harrison Hine Holloway Horton Hudgins Huggins
Kennedy
Kidd
McGill

McKenzie Perry Phillips Reddish Scott of 2n(j c .tarr late Timmons
Tolleson
Turner
Tysinger

Those voting in the negative were Senators:

Barker Barnes Bond Brannon Burton Dawkins
Deal

English Gillis Greene Howard Land Langford

Peevy Ray Scott of 36th Stumbaugh Trulock Walker

WEDNESDAY, FEBRUARY 6, 1985

659

Not voting were Senators Brantley and Coleman (excused).

On the adoption of the substitute, the yeas were 35, nays 19, and the substitute offered by Senators Scott of the 2nd, Kidd of the 25th and Brown of the 47th 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:

Albert Allgood Baldwin Bowen Broun of 46th Brown of 47th Bryant Cobb Coverdell Dean Engram Fincher

Foster Garner Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd

McGill McKenzie Perry Phillips Reddish Scott of 2nd Starr Timmons Tolleson Turner Tysinger

Those voting in the negative were Senators:

Barker Barnes Bond Brannon Burton Dawkins Deal

English Gillis Greene Howard Land Langford Peevy

Ray Scott of 36th Stumbaugh Tate Trulock Walker

Not voting were Senators Brantley and Coleman (excused).

On the passage of the bill, the yeas were 34, nays 20.

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

Serving as doctor of the day today was Dr. Gene Davidson of Rome, Georgia.

660

JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 4:10 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 7, 1985

661

Senate Chamber, Atlanta, Georgia Thursday, February 7, 1985 Sixteenth Legislative Day

The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 14. By Representative Bolster of the 30th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services.

HB 51. By Representatives Bolster of the 30th, Adams of the 36th, Barnett of the 10th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities.

HB 75. By Representative Birdsong of the 104th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide for the qualifications of the office of tax receiver, tax collec tor, or tax commissioner and for terms of office of said officers.

662

JOURNAL OF THE SENATE

HB 92. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and others:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions.

HB 142.

By Representatives Wall of the 61st, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for violating certain laws relating to al coholic beverages, so as to change the penalty for providing alcoholic beverages to persons under 19 years of age.

HB 222.

By Representatives Martin of the 60th, Coleman of the 118th, Colbert of the 23rd and others:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to make it unlawful for any person to solicit or accept a fee, consideration, or donation or to offer for sale or to sell advertising as a representative of a firelighter organization or under the guise of representing a firefighter organization unless such person is employed by, is acting pursuant to the authority of, or is a member of such organization.

HB 252.

By Representatives Steinberg of the 46th, Johnson of the 72nd, Clark of the 13th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide that service in the General Assem bly by members holding office on a certain date may be counted as cred itable service only for the purposes of the Georgia Legislative Retirement System.

HB 303.

By Representatives Buck of the 95th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforce ment agencies to provide for the disposition by destruction or sale of cer tain weapons not used in the commission of a crime or seized in the exe cution of a warrant.

HB 340.

By Representatives Kilgore of the 42nd and Williams of the 6th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensa tion in addition to any other compensation.

THURSDAY, FEBRUARY 7, 1985

663

HB 357.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Insurance Commis sioner may require insurers to provide reports regarding product liability insurance covering risks located in the state.

HB 358.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, con tracts of indemnity, and self-insurance programs for public officers and employees, so as to provide that the Georgia Correctional Industries Ad ministration shall be authorized, in its discretion, to participate as an insured entity in any program of self-insurance administered by the com missioner of administrative services.

HB 370.

By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa.

HB 371.

By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, viola tions which constitute an unfair or deceptive act, and penalties for viola tions, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator.

HB 448.

By Representative Jackson of the 9th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive acts or practices, so as to provide that any violation of certain federal statutes or rules shall be consumer transactions and consumer acts or practices in trade or commerce.

HB 474.

By Representatives Chambless of the 133rd, Thomas of the 69th and Evans of the 84th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, so as to authorize recorders', mayors', and police courts to sentence persons convicted of ofFenses against the laws of the munici pal corporations in which such courts are located to confinement or to community service or to impose a fine, confinement, community service, or any combination thereof.

664

JOURNAL OF THE SENATE

HB 503.

By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Ran dolph County, so as to change the compensation of the chairman and other members of the board.

HB 504. By Representatives Clark and Milford of the 13th:
A bill to amend an Act to incorporate the City of Ila in the County of Madison, so as to change the term of office for the mayor.

HB 508.

By Representative Long of the 142nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia those constitutional amendments creating and providing for the City of Cairo Development Authority.

HB 510.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the merger of the independent school system of the City of Columbus and the school district of Muscogee County.

HB 511.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts.

HB 512.

By Representatives Bishop of the 94th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relative to council districts of Columbus, Georgia, from which members of the Muscogee County Board of Educa tion are appointed.

HB 513.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Muscogee County Health Department.

HB 514.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Co lumbus Airport Commission (formerly Muscogee County Airport Commission).

THURSDAY, FEBRUARY 7, 1985

665

HB 515.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Co lumbus Building Authority (formerly the Columbus and Muscogee County Building Commission).

HB 516.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Columbus-Muscogee County Port Development Commission.

HB 517.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Muscogee County Industrial Develop ment Authority.

HB 518.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the con solidation of the City of Columbus and Muscogee County and the crea tion of a single county-wide government for said county.

HB 519.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act providing a charter for the countywide govern ment of Columbus, so as to provide that wherever the word "council man" and the word "councilmen" shall appear in the Charter of Colum bus, Georgia, the words "councilor" and "councilors," respectively, shall be substituted therefor.

HB 520.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1928 general election and proclaimed by the Governor to be part of the Con stitution of the State of Georgia, authorizing the issuance and selling of certain street improvement bonds by the City of Columbus.

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JOURNAL OF THE SENATE

HB 521.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for advertising and promotion of agricultural, recreational, historic, and in dustrial resources of the county and encourage new industries and tourism.

HB 523.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment extending a $2,000.00 homestead exemption to residents of the Muscogee County School District.

HB 525.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment increasing the home stead exemptions for tax purposes of certain property owned by residents of Muscogee County.

HB 526.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for certain ad justments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.

HB 527.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the valua tion of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.

HB 528.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the gov erning authority of Columbus-Muscogee County or any municipal corpo ration within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the state to a final destination outside the state.

THURSDAY, FEBRUARY 7, 1985

667

HB 529.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to a Char ter Review Commission for Columbus, Georgia.

HB 530.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to increase the jurisdiction of the court in certain cases; to provide for costs; to provide for the transfer of cases to and from other courts.

HB 553.

By Representatives Groover of the 99th, Lucas of the 102nd, Randall of the 101st and others:
A bill to amend an Act creating a public body corporate and politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority, so as to add one new member to said authority; to provide for the method of appointing said new member.

HB 570.

By Representatives Richardson of the 52nd, Williams of the 54th, Clark of the 55th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to abolish the office of coroner of DeKalb County and create the office of medical examiner of DeKalb County.

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

SB 39. By Senator Kidd of the 25th:
A bill to amend an Act placing the clerk of the Superior Court of Bald win County on an annual salary, as amended, so as to change the provi sions relating to the compensation of the clerk of the superior court; to provide an effective date.

SB 40. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Bald win County upon an annual salary, as amended, so as to change the pro visions relating to the compensation of the judge of the probate court; to provide an effective date.

SB 41. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Bald-

668

JOURNAL OF THE SENATE

win County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.

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

SB 206. By Senator Garner of the 30th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Re tirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be withdrawn from the Employees' Retirement System of Georgia.
Referred to Committee on Retirement.

SB 207. By Senators Peevy of the 48th and Dawkins of the 45th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to organization of county boards of education, so as to authorize certain exceptions provided by local law.
Referred to Committee on Education.

SB 208. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to provide that any heir, beneficiary, or creditor of a decedent may offer evidence to the court regarding the appraisement and valuation of certain real or personal property of a decedent.
Referred to Committee on Judiciary and Constitutional Law.

SB 209. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to the periodic paying over of county taxes, interest, penalties, or other amounts due to proper officials by the tax collector or commissioner, sheriff, or constable.
Referred to Committee on Urban and County Affairs (General).

SB 210. By Senator Tolleson of the 32nd:
A bill to amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection, so as to provide that a person who enters a cave without the express prior written permission of the owner shall be guilty of a misdemeanor.
Referred to Committee on Natural Resources.

THURSDAY, FEBRUARY 7, 1985

669

SB 211. By Senators Greene of the 26th and Peevy of the 48th:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision.
Referred to Committee on Judiciary and Constitutional Law.

SR 123. By Senators Coverdell of the 40th, Albert of the 23rd, Land of the 16th and others:
A resolution proposing an amendment to the Constitution to prohibit supplementary appropriations Acts and amendments to general appropri ations Acts unless additional appropriations are necessary as a result of an emergency proclaimed by the Governor and are approved by a twothirds' vote of the Senate and the House of Representatives in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

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

HB 14. By Representative Bolster of the 30th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services,
Referred to Committee on Children and Youth.

HB 51. By Representatives Bolster of the 30th, Adams of the 36th, Barnett of the 10th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities.
Referred to Committee on Urban and County Affairs (General).

HB 75. By Representative Birdsong of the 104th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide for the qualifications of the office of tax receiver, tax collec tor, or tax commissioner and for terms of office of said officers.
Referred to Committee on Governmental Operations.

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JOURNAL OF THE SENATE

HB 92. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions.
Referred to Committee on Judiciary.

HB 142. By Representatives Wall of the 61st, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for violating certain laws relating to al coholic beverages, so as to change the penalty for providing alcoholic beverages to persons under 19 years of age.
Referred to Committee on Consumer Affairs.

HB 222. By Representatives Martin of the 60th, Coleman of the 118th, Colbert of the 23rd and others:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to make it unlawful for any person to solicit or accept a fee, consideration, or donation or to offer for sale or to sell advertising as a representative of a firefighter organization or under the guise of representing a firefighter organization unless such person is employed by, is acting pursuant to the authority of, or is a member of such organization.
Referred to Committee on Public Safety.

HB 252. By Representatives Johnson of the 72nd, Clark of the 13th, Lawler of the 20th and Steinberg of the 46th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide that service in the General Assem bly by members holding office on a certain date may be counted as cred itable service only for the purposes of the Georgia Legislative Retirement System.
Referred to Committee on Retirement.

HB 303. By Representatives Buck of the 95th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforce ment agencies to provide for the disposition by destruction or sale of cer tain weapons not used in the commission of a crime or seized in the exe cution of a warrant.
Referred to Committee on Judiciary.

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671

HB 340. By Representatives Kilgore of the 42nd and Williams of the 6th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensa tion in addition to any other compensation.
Referred to Committee on Governmental Operations.

HB 357. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Insurance Commis sioner may require insurers to provide reports regarding product liability insurance covering risks located in this state.
Referred to Committee on Insurance.

HB 358. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, con tracts of indemnity, and self-insurance programs for public officers and employees, so as to provide that the Georgia Correctional Industries Ad ministration shall be authorized, in its discretion, to participate as an insured entity in any program of self-insurance administered by the com missioner of administrative services.
Referred to Committee on Insurance.

HB 370. By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa.
Referred to Committee on Consumer Affairs.

HB 371. By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, viola tions which constitute an unfair or deceptive act, and penalties for viola tions, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator.
Referred to Committee on Consumer Affairs.

HB 448.

By Representative Jackson of the 9th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive acts or practices, so as to provide that any violation of certain federal statutes or rules shall be

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consumer transactions and consumer acts or practices in trade or commerce.
Referred to Committee on Judiciary and Constitutional Law.

HB 474. By Representatives Chambless of the 133rd, Thomas of the 69th and Evans of the 84th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, so as to authorize recorders', mayors', and police courts to sentence persons convicted of offenses against the laws of the munici pal corporations in which such courts are located to confinement or to community service or to impose a fine, confinement, community service, or any combination thereof.
Referred to Committee on Judiciary and Constitutional Law.

HB 503. By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Ran dolph County, so as to change the compensation of the chairman and other members of the board.
Referred to Committee on Urban and County Affairs.

HB 504. By Representatives Clark and Milford of the 13th:
A bill to amend an Act to incorporate the City of Ila in the County of Madison, so as to change the term of office for the mayor. Referred to Committee on Urban and County Affairs.

HB 508. By Representative Long of the 142nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia those constitutional amendments creating and providing for the City of Cairo Development Authority.
Referred to Committee on Urban and County Affairs.

HB 510. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the merger of the independent school system of the City of Columbus and the school district of Muscogee County.
Referred to Committee on Urban and County Affairs.

HB 511. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts.
Referred to Committee on Urban and County Affairs.

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HB 512. By Representatives Bishop of the 94th, Buck of the 95th, Galer of the 97th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relative to council districts of Columbus, Georgia, from which members of the Muscogee County Board of Educa tion are appointed.
Referred to Committee on Urban and County Affairs.

HB 513. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Muscogee County Health Department.
Referred to Committee on Urban and County Affairs.

HB 514. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Co lumbus Airport Commission (formerly Muscogee County Airport Commission).
Referred to Committee on Urban and County Affairs.

HB 515. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Co lumbus Building Authority (formerly the Columbus and Muscogee County Building Commission).
Referred to Committee on Urban and County Affairs.

HB 516. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Muscogee County Industrial Develop ment Authority.
Referred to Committee on Urban and County Affairs.

HB 517. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Muscogee County Industrial Develop ment Authority.
Referred to Committee on Urban and County Affairs.

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HB 518. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the con solidation of the City of Columbus and Muscogee County and the crea tion of a single county-wide government for said county.
Referred to Committee on Urban and County Affairs.

HB 519. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act providing a charter for the county-wide govern ment of Columbus, so as to provide that wherever the word "council man" and the word "councilmen" shall appear in the Charter of Colum bus, Georgia, the words "councilor" and "councilors," respectively, shall be substituted therefor.
Referred to Committee on Urban and County Affairs.

HB 520. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1928 general election and proclaimed by the Governor to be part of the Con stitution of the State of Georgia, authorizing the issuance and selling of certain street improvement bonds by the City of Columbus.
Referred to Committee on Urban and County Affairs.

HB 521. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for advertising and promotion of agricultural, recreational, historic, and in dustrial resources of the county and encourage new industries and tourism.
Referred to Committee on Urban and County Affairs.

HB 523. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment increasing the home stead exemptions for tax purposes of certain property owned by residents of Muscogee County.
Referred to Committee on Urban and County Affairs.

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HB 525. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment increasing the home stead exemptions for tax purposes of certain property owned by residents of Muscogee County.
Referred to Committee on Urban and County Affairs.

HB 526. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for certain ad justments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.
Referred to Committee on Urban and County Affairs.

HB 527. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the valua tion of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.
Referred to Committee on Urban and County Affairs.

HB 528. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the

92nd and others:

:

A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the gov erning authority of Columbus-Muscogee County or any municipal corpo
ration within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the state to a final destination outside the
state.

Referred to Committee on Urban and County Affairs.

HB 529. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to a Char ter Review Commission for Columbus, Georgia.
Referred to Committee on Urban and County Affairs.

HB 530.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to increase the jurisdiction of the court in certain cases; to

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provide for costs; to provide for the transfer of cases to and from other courts. Referred to Committee on Urban and County Affairs.

HB 553. By Representatives Groover of the 99th, Lucas of the 102nd, Randall of the 101st and Pinkston of the 100th:
A bill to amend an Act creating a public body corporate and politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority, so as to add one new member to said authority; to provide for the method of appointing said new member.
Referred to Committee on Urban and County Affairs.

HB 570. By Representatives Richardson of the 52nd, Williams of the 54th, Clark of the 55th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to abolish the office of coroner of DeKalb County and create the office of medical examiner of Dekalb County.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 154. Do pass as amended. SB 155. Do pass. SB 168. Do pass.

SR 47. Do pass by substitute. SR 91. Do pass. HB 97. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 166. Do pass. SB 186. Do pass.

HB 37. Do pass. HB 111. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman

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677

Mr. President:

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

SB 173. Do pass. SB 78. Do pass. SB 79. Do pass by substitute.

SB 170. Do pass. SB 119. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Urban and County 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 167. Do pass. SB 172. Do pass. SB 193. Do pass. SB 194. Do pass. SB 195. Do pass.

SB 196. SB 197. HB 295. HB 451. HB 482.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 128. Do pass. HB 257. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SB 42. Do pass. SB 53. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

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

SB 22. By Senators Burton of the 5th, Phillips of the 9th, Howard of the 42nd and others:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize and require the department to establish a program to provide services to handicapped children and their parents; to provide for defini tions; to provide for other matters relative to the foregoing.

SB 28. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, munici palities, and other governmental entities, so as to authorize counties and municipalities to incur certain short-term indebtedness and specify the terms and conditions thereof; to provide for notices.

SB 82. By Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every school in Georgia; to provide for a state-wide curriculum; to provide for instructional pro grams; to provide for grants to local units of administration for the oper ation of educational programs; to provide for essential instructional and support services resources.

SB 91. By Senators Harrison of the 37th, Hudgins of the 15th, Barnes of the 33rd and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site.

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SB 108. By Senator Kidd of the 25th:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing prac tices, 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.

SB 125. By Senator Deal of the 49th:
A bill to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, coun ties, or other political subdivisions of certain motor vehicle insurance, so as to remove certain prohibitions regarding the suggestion of the exis tence of any insurance which covers, in whole or in part, certain judg ments or awards.

SB 129. By Senators Trulock of the 10th, Garner of the 30th and Allgood of the 22nd:
A bill to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings, so as to provide for evi dence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses.

SB 139. By Senator Engram of the 34th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to authorize the use of prem ises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered as barbershops or beauty shops.

SB 146. By Senator Phillips of the 9th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide excep tions; to provide a punishment.

SB 157. By Senators Kennedy of the 4th and Kidd of the 25th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youth Offender Act of 1972"; to change the definition of a certain term; to delete the definition of a certain term; to delete provi sions relating to the Youthful Offender Division of the Department of Offender Rehabilitation.

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SR 12. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to grant to counties and municipalities the authority to incur, under conditions specified by general law, certain short-term debt not exceeding one-half of one percent of the assessed value of taxable property of those counties and municipalities; to provide for the submission of this amendment for ratification or rejection.
SR 79. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee.
SR 81. By Senators Coverdell of the 40th and Stumbaugh of the 55th:
A resolution relating to encouraging property and casualty insurers to develop automobile insurance policies rewarding young, safe drivers for not drinking and driving.
HR 18. By Representatives Logan of the 67th, Buck of the 95th, Milford of the 13th and others:
A resolution designating The Atlas of Georgia as the official state atlas of Georgia.
HB 31. By Representatives Buck of the 95th, Logan of the 67th, Lane of the 1 llth and others:
A bill to amend Code Section 45-10-23 of the O.C.G.A., relating to con flicts of interest in connection with full-time employees transacting busi ness with their employing agencies, so as to authorize full-time employees of the Board of Regents of the University System of Georgia to serve as members of the governing boards of private nonprofit, educational, ath letic, or research related foundations and associations.
HB 56. By Representative Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change the provisions relative to the bonds to be executed by applicants prior to their licensure as surplus line brokers.

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

Albert
Allgood Baldwin
Barker Barnes
Bond Bowen

Brannon
Broun of 46th Brown of 47th
Bryant Burton
Cobb Coverdell

Dawkins
Deal Dean
English Engram
Foster Garner

Gillis
Harris Harrison
Hine Holloway Horton Huggins Kennedy
Kidd

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681

Land
Langford McGill
McKenzie Perry Phillips Ray Reddish
Scott of 2nd

Scott of 36th
Starr Stumbaugh
Tate Timmons Tolleson Trulock Turner

Those not answering were Senators:

Brantley (excused) Coleman (excused)
Fincher

Greene Howard
Hudgins

Peevy Tysinger
Walker

Senator Tolleson of the 32nd introduced the chaplain of the day, Reverend Harold Skillrud of the Lutheran Church of the Redeemer, Atlanta, Georgia, who offered scrip ture reading and prayer.

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

Senator Allgood of the 22nd asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator
Coleman of the 1st was excused from the Senate today.

The following resolutions of the Senate were read and adopted:

SR 124. By Senator Allgood of the 22nd:
A resolution honoring the Georgia Special Olympics and commending the participants therein.

SR 125. By Senators Allgood of the 22nd and Albert of the 23rd: A resolution commending Mr. Richard C. Lazenby.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR Thursday, February 7, 1985
SIXTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 171 Baldwin, 29th City of LaGrange Troup County
Amends Act creating the Downtown LaGrange Development Authority, approved March 5, 1975, as amended by an Act approved Feb. 12, 1980, an Act approved April 12, 1982, and an Act approved March 12, 1984, so as to change the limits of the Downtown LaGrange District.

SB 175 Hudgins, 15th Land, 16th Muscogee County
To provide for an advisory referendum within Muscogee County to deter mine the opinion of the electorate as to whether members of the school board of the county should be elected from equal districts; to provide duties of the election superintendent; to provide for legislative findings.

SB 177 Huggins, 53rd Dade County
To amend Act creating Dade County Water & Sewer Authority; changes provisions relating to issuance of revenue bonds by the authority; provides for other matters relative to the foregoing; provides an effective date.

SB 178 Kidd, 25th Baldwin County
To amend Act creating county courts in certain designated counties of this state; changes the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County.

SB 179 Timmons, llth Calhoun County
To amend Act relating to the board of commissioners of Calhoun County; changes the compensation of the chairman of the board of com missioners; provides an effective date.

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SB 184 McKenzie, 14th Macon County
To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Macon Co. Industrial Building Authority; to provide the authority for this Act.

SB 188 Cobb, 28th City of Griffin Spalding County
To continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment which provides for the GriffinSpalding County Development Authority and its powers, duties, and au thority; to provide the authority for this Act.

SB 189 Cobb, 28th Coweta County
To provide for the nonpartisan nomination and election of the judge of the Probate Court; provides for the requirements and procedures of the nonpartisan nomination and election; provides for other matters relative to the foregoing.

HB 320 Baldwin, 29th Heard County
Creates the office of commissioner of Heard County; changes the com pensation of the commissioner.

HB 321

Baldwin, 29th Heard County
Amends Act consolidating the offices and duties of tax receiver and tax collector of said county into the single office of tax commissioner of Heard County; changes the compensation of the tax commissioner.

HB 322 Baldwin, 29th Heard County
To amend an Act placing the judge of Probate Court on an annual salary in lieu of a fee system of compensation; changes the compensation of the judge of the Probate Court of said county.

HB 323 Baldwin, 29th Heard County
To amend an Act placing the sheriff of Heard County on an annual sal ary in lieu of the fee system of compensation; changes the compensation of the sheriff.

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HB 324 Baldwin, 29th Heard County To amend an Act placing the clerk of the Superior Court of said county on an annual salary in lieu of the fee system of compensation; changes the compensation of the clerk of Superior Court.
HB 392 Perry, 7th Berrien County
To change the provisions relating to the Magistrate Court of Berrien County; changes the manner of selecting the chief magistrate.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Harris Harrison Horton Howard Huggins Kidd Land

Those not voting were Senators:

Langford Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Brantley (excused) Burton Coleman (excused) Fincher Greene

Hine Holloway Hudgins Kennedy (presiding) McGill

McKenzie Peevy Reddish Trulock Tysinger

On the passage of all the local bills, the yeas were 41, nays 0.

All bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.

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685

SENATE CALENDAR
Thursday, February 7, 1985
SIXTEENTH LEGISLATIVE DAY
SB 30 Drivers License Suspension for Refusing Blood Test--compensation for officer for attending court (Judy--40th)
SB 62 Gambling--redefine lottery (ED&T--46th)
SB 70 Alcoholic Beverage Sale on Election Day--repeal Code Section prohibiting (C Aff--25th)
SB 123 Ordinance Violations--cash bonds (Judy--49th)
SB 133 Stone Mountain Memorial Association--exercise certain police pow ers (ED&T--46th)
SB 145 State Personnel Board--General Assembly review proposed rules, regulations (SUBSTITUTE) (Gov Op--25th)
SB 150 Property Annexation--when 100 percent of landowners petition city (SUBSTITUTE) (U&CA G--26th)
SB 158 Grain Dealers License--annual renewal (AMENDMENT) (Ag-- 24th)
SB 159 Warehouse Licenses--expiration date and revocation circumstances (AMENDMENT) (Ag--24th)
SR 46 Rules Proposed by Certain Departments--General Assembly may re vise, veto (Gov Op--52nd)
HB 11 Child Custody, Visitation, Property Division--contempt of court ac tions attorney's fees (C&Y--2nd)
HB 21 Alcoholic Beverage Purchase, Sale, Consumption--change age re quirements (Judy--33rd)
HB 93 Official Code of Georgia--correct typographical errors (Judy--49th)
HB 95 Bonds--plan of allocating issuance among governmental units (ED&T--46th)
HB 161 Code Revision Commission--create, reestablish (Judy--52nd)
HB 162 Code Revision Commission--provide for publication of Official Code (Judy--49th)
HB 163 Title 21 (Elections)--correct errors and omissions (Judy--49th)
HB 164 Title 47 (Retirement)--correct errors and omissions (Judy--49th)
HB 254 Agricultural Exposition Authority Overview Committee--create (Ag--24th)
HB 271 Agricultural Exposition Authority--create (Ag--24th)
HB 282 Retirement Bills--definition of fiscal, nonfiscal impact (SUBSTI TUTE) (Ret--llth)

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

SB 30. By Senator Coverdell of the 40th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, so as to provide for the compensation of law enforce ment officers for attending hearings relative to the suspension of drivers' licenses for refusal to submit to chemical tests to determine blood alcohol content.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Bowen Brannon Brown of 47th Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Garner Harrison Hine Holloway Howard Huggins Land Langford McKenzie

Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Bryant English

Gillis Harris Horton Hudgins

Kidd McGill Ray Trulock

Those not voting were Senators:

Brantley (excused) Coleman (excused) Fincher

Greene Kennedy (presiding)

Peevy Tolleson

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687

On the passage of the bill, the yeas were 36, nays 13.

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

SB 62. By Senator Broun of the 46th:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery".

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brantley (excused) Coleman (excused) Deal

Fincher Hudgins Kennedy (presiding)

Scott of 2nd Timmons Trulock

On the passage of the bill, the yeas were 46, nays 0.

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

SB 70. By Senator Kidd of the 25th:
A bill to repeal Code Section 21-3-476 of the Official Code of Georgia Annotated, relating to selling or buying alcoholic beverages on primary or election days.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bond Broun of 46th Bryant Cobb Coverdell Dawkins Deal Dean English

Engram Foster Greene Harris Harrison Hine Holloway Howard Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Stumbaugh Tate Timmons Trulock Turner Tysinger

Those voting in the negative were Senators:

Baldwin Barker Brannon Brown of 47th

Burton Garner Gillis Horton

Huggins Ray Starr Tolleson

Those not voting were Senators:

Bowen Brantley (excused) Coleman (excused)

Fincher Hudgins Kennedy (presiding)

Scott of 2nd Walker

On the passage of the bill, the yeas were 36, nays 12.

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

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689

Senator Trulock of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 70.

SB 123. By Senator Deal of the 49th:
A bill to amend Article 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance viola tions, so as to provide that the chief magistrate of each county may es tablish a schedule of cash bonds for persons charged with ordinance vio lations and may designate officers authorized to accept such cash bonds.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barnes Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford McGill Peevy

Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Bond Bowen

Brantley (excused) Coleman (excused) Fincher Gillis

Hudgins Kennedy (presiding) McKenzie Scott of 2nd

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

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

SB 133. By Senator Broun of the 46th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Offi cial Code of Georgia Annotated, the "Stone Mountain Memorial Associ ation Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of rea sonable ordinances by the association; to authorize the association to ap point security officers.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Barker Brantley (excused) Coleman (excused)

Fincher Hudgins

Kennedy (presiding) Scott of 2nd

On the passage of the bill, the yeas were 48, nays 1.

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691

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

SB 145. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; to provide for the publication of such rules and regulations.

The Senate Committee on Governmental Operations offered the following substi tute to SB 145:

A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assem bly; to provide for the publication of such rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia An notated, relating to the State Merit System of Personnel Administration, is amended by adding between Code Sections 45-20-3 and 45-20-4 a new Code Section 45-20-3.1 to read as follows:
"45-20-3.1. (a) At least 30 days prior to the date of a public hear ing held to consider the adoption of rules or regulations to effectuate this chapter, the State Personnel Board shall transmit a notice containing an exact copy of the proposed rule or regulation to each member of the Gov ernmental Operations Committee of the Senate and the State of the Re public Committee of the House of Representatives. The notice shall pro vide a citation to the authority pursuant to which the proposed rule or regulation is to be adopted and, if it amends an existing rule or regula tion, such existing rule or regulation shall be clearly identified. The no tice shall also state the date, time, and place of the public hearing at which adoption of the proposed rule shall be considered.
(b) If, prior to the date of the public hearing at which the proposed rule or regulation is to be considered for adoption, the chairman of either legislative committee specified in subsection (a) of this Code section noti fies the commissioner of personnel administration that the committee ob jects to the adoption of the proposed rule or regulation or has questions concerning the purpose, nature, or necessity of the proposed rule or regu lation, it shall be the duty of the State Personnel Board to consult with the committee prior to the adoption of the proposed rule or regulation.
(c) If the State Personnel Board finds that the immediate adoption

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of a rule or regulation is necessary to secure or protect the interests of the State Merit System of Personnel Administration, such rule or regula tion may be adopted on an emergency basis without following the proce dures required by this Code section. In that event, the State Personnel Board shall adopt a resolution declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt a rule or regulation on an emergency basis. Any rule or regulation adopted pursuant to the authority of this subsection shall expire in not more than 120 days immediately following its adoption, but the adoption of an identical rule pursuant to the requirements of this Code section shall not be precluded.
(d) By not later than August 1, 1985, the State Personnel Board shall file with the Secretary of State a certified copy of all rules or regu lations which were adopted by said board prior to July 1, 1985, and which are of force and effect on July 1, 1985, or which were adopted prior to July 1, 1985, to become effective after that date. Any rule or regulation adopted by the State Personnel Board prior to July 1, 1985, which is not filed with the Secretary of State of August 1, 1985, shall be void and of no force and effect after August 1, 1985.
(e) Each rule or regulation adopted by the State Personnel Board on or after July 1, 1985, shall become effective upon approval by the Governor. The commission of personnel administration shall immediately file an original and two copies of the rule or regulation in the office of the Secretary of State.
(0 Rules or regulations filed with the Secretary of State pursuant to subsections (d) and (e) of this Code section shall contain a citation to the authority pursuant to which the rules or regulations are adopted and, when existing rules or regulations are amended, the filings required by said subsections (d) and (e) shall clearly identify the existing rules or regulations. The Secretary of State shall endorse on each filing required by subsections (d) and (e) of this Code section the time and date of the filing and shall maintain a file of the rules and regulations for public inspection.
(g) Rules and regulations filed with the Secretary of State pursuant to the requirements of subsections (d), (e), and (0 of this Code section shall be published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 50-13-7.
(h) The courts shall take judicial notice of any rule which has be come effective pursuant to this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Foster Gillis Harris Harrison Horton Howard Hudgins Huggins Kidd Land Langford McGill

Voting in the negative was Senator Hine.

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brantley (excused) Coleman (excused) Engram Fincher

Garner Greene Holloway

Kennedy (presiding) Scott of 2nd Walker

On the passage of the bill, the yeas were 45, nays 1.

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

SB 150. By Senators Greene of the 26th, Holloway of the 12th, McKenzie of the 14th and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursuant to applica tion by 100 percent of landowners, so as to provide that all municipalities may annex property when 100 percent of the landowners petition the mu nicipality for such annexation; to repeal the exemption for municipalities in counties having a population of 100,000 or more.

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The Senate Committee on Urban and County Affairs offered the following substi tute to SB 150:

A BILL
To be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursu ant to application by 100 percent of landowners, so as to provide that all municipalities may annex property when 100 percent of the landowners peti tion the municipality for such annexation; to provide for exceptions for cer tain property owned by any municipal corporation having a population of 400,000 or more persons according to the United States decennial census of 1980 or any future such census; to repeal the exemption for municipalities in counties having a population of 100,000 or more; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 36 of Title 36 of the Official Code of Georgia An notated, relating to annexation by municipalities pursuant to application by 100 percent of landowners, is amended by striking Code Section 36-36-2, relating to authority to annex, and inserting in lieu thereof a new Code Sec tion 36-36-2 to read as follows:
"36-36-2. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing cor porate limits thereof unincorporated areas contiguous to the existing cor porate limits at the time of such annexation, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be an nexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, re gardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by municipal authorities and the land is, by ordinance, annexed to the municipal corporation, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy, certified to by the clerk or similar official of the municipal corporation, shall be filed with the Secretary of State of this state. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special Act of the General Assembly.
(b) No property which is owned by a municipal corporation having a population of 400,000 or more persons according to the United States decennial census of 1980 or any future such census shall be annexed into the corporate limits of such municipal corporation pursuant to this article."
Section 2. All laws and part of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 7, 1985

695

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 150 offered by the Senate Committee on Urban and County Affairs by adding subsection (c) to Page 2 as follows:
"(c) Wherever the county governing authority is providing either water, sewer, police or fire protection to the area proposed to be annexed, no annexation shall take effect without the prior approval of the county governing authority."

On the adoption of the amendment, the yeas were 9, nays 30, and the amendment was lost.

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:

Albert Allgood Baldwin Barker Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kidd Land Langford

Those voting in the negative were Senators:

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

Barnes Harrison

Stumbaugh

Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brantley (excused) Coleman (excused)

Fincher Hudgins

Kennedy (presiding) Tolleson

On the passage of the bill, the yeas were 45, nays 4.

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

Senator Greene of the 26th moved that SB 150 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 2; the motion prevailed, and SB 150 was immediately transmitted to the House.

SB 158. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provi sions relating to issuance of grain dealers' licenses; to provide for annual renewal of such licenses; to provide for the immediate revocation of li censes by operation of law under certain circumstances.
The Senate Committee on Agriculture offered the following amendment:

Amend SB 158 by striking on Page 2, lines 25 and 26, the following: "published in the capital of the state".

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:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brown of 47th Bryant Burton Cobb

THURSDAY, FEBRUARY 7, 1985

697

Coverdell Dawkins Deal Dean
English Engram Foster
Gillis Greene
Harris Harrison Hine

Holloway Horton Howard Hudgins Huggins Kidd Land McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Stumbaugh
T1fal t1pC
Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley (excused) Broun of 46th Coleman (excused)

Fincher Garner Kennedy (presiding)

Langford Starr 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.

SB 159. By Senators McGill of the 24th, Turner of the 8th and Ray of the 19th:
A bill to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the date on which warehouse licenses expire; to provide for the immediate revocation of licenses by operation of law under certain cir cumstances; to change the provisions relating to actions on bonds.

The Senate Committee on Agriculture offered the following amendment:

Amend SB 159 by striking on Page 3, lines 20 and 21, the following: "published in the capital of the state".

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.

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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:

Albert Allgood Baldwin
Barker Barnes Bond
Bowen Brannon
Broun of 46th Brown of 47th Bryant Burton
Cobb Coverdell Dawkins

Deal English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd

Land Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Brantley (excused) Coleman (excused) Dean Fincher

Hudgins Kennedy (presiding) McKenzie Starr

Timmons Trulock Walker

On the passage of the bill, the yeas were 45, nays 0.

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

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

Mr. President:

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

HB 4. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to provide appropriations for the State Fiscal Year 1984-85.

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699

HB 587. By Representatives McDonald of the 12th and Murphy of the 18th:

A bill to amend subsection (4) of Section 50-9-2 of the Official Code of Georgia Annotated, defining the word "project" for the purposes of the "Georgia Building Authority Act"; to amend subsection (5) of Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority and of departments, boards, com missions, agencies, or appellate courts of the state to enter into contracts and lease agreements for the use of any structure.

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

SR 46. By Senator Hine of the 52nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the legislative suspension, revision, or veto of rules or regulations proposed by certain institutions, departments, or other agencies of the state; to provide for submission of this amendment for ratification or rejection; and other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph VII to read as follows"
"Paragraph VII. Legislative veto. The General Assembly is author ized to provide by general law for the suspension, revision, or veto of rules or regulations proposed for adoption, amendment, or repeal by any institution, department, or other agency of the state, except the board of regents, which power may be exercised by the General Assembly or by the combined action of one standing committee of the Senate and one standing committee of the House of Representatives and which power may be exercised at any time whether or not the General Assembly is then in session."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide for the legislative suspension, revision, or veto of rules or regulations proposed by
certain institutions, departments, or other agencies of the state?"

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brantley (excused) Coleman (excused) Fincher

Gillis Hudgins Kennedy (presiding)

Starr Timmons Walker

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

THURSDAY, FEBRUARY 7, 1985

701

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

Senator Kidd of the 25th introduced the doctor of the day, Dr. James Baugh, of Milledgeville, Georgia.

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

HB 11. By Representative Richardson of the 52nd: A bill to amend Code Section 19-6-2 of the Official Code of Georgia Annotated, relating to attorney's fees in actions relating to divorce and alimony, so as to authorize attorney's fees in contempt of court actions involving child custody, child visitation, and property division.
Senate Sponsor: Senator Scott of the 2nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie
Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tolleson Trulock Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brantley (excused) Coleman (excused) Fincher

Gillis Kennedy (presiding) Starr

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.

HB 21. By Representatives Aaron of the 56th, Bishop of the 94th, Couch of the 40th and others:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to change the provisions relative to the age requirements for the lawful purchase, sale, distribution, and consumption of alcoholic beverages.
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:

Albert Allgood Baldwin Barnes
Bond Bwen nBBrrroaonwunnn0o"offf 4467tthuh B r y an t Burton Cobb Coverdell Dawkins Deal

Dean English Engram poster
Garner Gillis G."r.aer.ennse Hme Horton Hudgins Huggins Kidd Land

McGill McKenzie Peevy perry
Phillips Ray ,,SRceod.td.tisoh,f ,2nd, Scott of 36th Stumbaugh Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Brantley (excused) Coleman (excused)

Fincher Harrison Holloway

Howard Kennedy (presiding) Langford

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703

Start

Timmons

Walker

Tate

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

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

HB 93. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amend ing the Official Code of Georgia.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brantley (excused) Coleman (excused) Fincher

Kennedy (presiding) Langford Scott of 2nd

Starr Timmons Trulock

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
The following bills of the House were read the first time and referred to committees:
HB 4. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to amend an Act to provide appropriations for the State Fiscal Year 1984-85.
Referred to Committee on Appropriations.
HB 587. By Representatives McDonald of the 12th and Murphy of the 18th: A bill to amend subsection (4) of Section 50-9-2 of the Official Code of Georgia Annotated, defining the word "project" for the purposes of the "Georgia Building Authority Act"; to amend subsection (5) of Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority and of departments, boards, com missions, agencies, or appellate courts of the state to enter into contracts and lease agreements for the use of any structure.
Referred to Committee on Appropriations.
The following general bill of the House, having been read the first time and com mitted to the Senate Committee on Banking and Finance, and withdrawn from the Senate Committee on Banking and Finance on February 4 and committed to the Sen ate Committee on Economic Development and Tourism, and favorably reported by the committee, was read the third time and put upon its passage:
HB 95. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others: A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to create and provide for a state plan of allocating the issuance of certain bonds within the state among ths governmental units authorized to issue such bonds; to provide for the al location of the state ceiling as imposed and authorized by federal law.
Senate Sponsor: Senator Broun of the 46th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 7, 1985

705

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner
Gillis Greene Harris Harrison
Hine Holloway Horton
Howard Hudgins
Huggirs Kennedy Kidd
Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brantley (excused)

Coleman (excused) Fincher

Starr 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 general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 161.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to provide for the codification and recodification of the laws of Georgia; to create and reestablish the Code Revision Commission and provide for its membership.
Senate Sponsor: Senator Hine of the 52nd.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

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

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley (excused) Coleman (excused)

English Fincher

Land Starr

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

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

HB 162.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, re lating to the General Assembly, so as to authorize the Code Revision Commission to provide for the publication of the Official Code of Geor gia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof.

Senate Sponsor: Senator Deal of the 49th.

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

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707

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton
Cobb Coverdell Dawkins Deal

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

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brantley (excused) Coleman (excused) Dean

Fincher Land Langford

Tate Trulock

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

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

HB 163.

By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to correct typographical, stylistic, and other er rors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Deal Dean English

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

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger

Brantley (excused) Cobb Coleman (excused) Dawkins

Fincher Horton Land

Timmons Trulock Walker

On the passage of the bill, the yeas were 46, nays 0.

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

HB 164. By Representatives Walker of the 115th, Evans of the 84th and Thomas of the 69th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

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709

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 Larry Walker

State Representative

FROM: W. M. Nixon, State Auditor

DATE: January 14, 1985

SUBJECT: House Bill (LC 9-4022) HB 164 Public Retirement Systems Standards Law

This Bill would correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending Title 47 of the Official Code of Georgia Annotated.

This is to certify that this is a nonfiscal retirement bill to the pension systems as defined by the Public Retirement System Standards Law (Code Section 47-20-30 (4)).

/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:

Albert Allgood Baldwin Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins

Kennedy Kidd Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson

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Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Barker Barnes Brantley (excused) Coleman (excused)

Fincher Howard Land

Phillips Scott of 2nd Timmons

On the passage of the bill, the yeas were 46, nays 0.

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

The following resolution of the Senate was read and adopted:

SR 122. By Senators Dawkins of the 45th, Peevy of the 48th, Hine of the 52nd and Broun of the 46th:
A resolution commending the firefighters of Georgia on Firemen's Recog nition Day.

Senator Dawkins of the 45th introduced several Georgia firefighters to the Senators.

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

HB 254.

By Representatives Reaves of the 147th, Walker of the 115th, Long of the 142nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly.
Senate Sponsor: Senator McGill of the 24th.

Senator Greene of the 26th offered the following amendment:

Amend HB 254 by adding on Page 2 at the beginning of line 5 the following:
"For the initial term";
and by adding on Page 2, line 9 after the word "committee" the following:

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711

"and thereafter the appointment of the Chairman and Vice Chairman shall alternate with the Lieutenant Governor appointing the Chairman and the Speaker of the House appointing the Vice Chairman for each alternate term thereafter".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Bowen Brantley (excused) Broun of 46th

Coleman (excused) Fincher Hudgins

Scott of 2nd Timmons Trulock

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

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HB 271.

By Representatives Walker of the 115th, Reaves of the 147th, Smyre of the 92nd and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority.
Senate Sponsor: Senator McGill of the 24th.

Senator Holloway of the 12th offered the following amendment:

Amend HB 271 by adding on Page 4, line 7 before the word "governor"
and after the word "and"
the following: ", confirmed by the Senate,";
and by adding on Page 1, line 6 after the word "membership"
the word "confirmation,".

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:

Albert Allgood Baldwin Barker Barnes Bond Brannon

Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis

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713

Greene Harris Harrison
Howard Huggins Kidd Langford

McGill McKenzie Peevy Perry
Ra V Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons
Trulock Turner Tysinger Walker

Voting in the negative were Senators Hudgins and Land.

Those not voting were Senators:

Bowen Brantley (excused)

Coleman (excused) Fincher

Kennedy (presiding)

On the passage of the bill, the yeas were 49, nays 2.

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

Senator Coverdell of the 40th asked unanimous consent to excuse Senator Brantley of the 56th from the Senate today due to illness; the consent was granted, and Senator Brantley of the 56th was excused from the Senate today.

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

HB 282.

By Representative Johnson of the 72nd:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," so as to change the defini tions of a nonfiscal retirement bill and a retirement bill having a fiscal impact.
Senate Sponsor: Senator Timmons of the llth.

The Senate Committee on Retirement offered the following substitute to HB 282:

A BILL
To be entitled an Act to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provi-

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sions of the "Public Retirement Systems Standards Law," so as to change the definitions of a nonfiscal retirement bill and a retirement bill having a fiscal impact; to change the provisions relating to the introduction of nonfis cal retirement bills in 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. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," is amended by striking paragraphs (4) and (5) of Code Section 47-20-30, relating to definitions for the pur poses of legislative control provisions, which read as follows:
"(4) 'Nonfiscal retirement bill' means any retirement bill other than one defined by paragraph (5) of this Code section.
(5) 'Retirement bill having a fiscal impact' means:
(A) Any retirement bill having the effect of creating or establishing a new retirement system; or
(B) Any retirement bill granting a benefit increase under a retire ment system or affecting employer contributions, employee contributions, the normal cost, or the actuarial accrued liabilities of a retirement system.",
in their entirety and substituting in lieu thereof new paragraphs (4) and (5) to read as follows:
"(4) 'Nonfiscal retirement bill' means any retirement bill which:
(A) Affects provisions of a retirement system other than those relat ing to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system; or
(B) Affects one or more provisions of a retirement system relating to benefits, employer contributions, employee contributions, normal costs, actuarial accrued liability, or other financial or funding factors of the retirement system but only in a manner which:
(i) Does not create an actuarial accrued liability of a retirement system if the retirement system had no such liability;
(ii) Does not increase the normal costs of the employer contribu tions of the retirement system;
(iii) Does not increase the actuarial accrued liability of a retirement system; or
(iv) Causes a net decrease in the actuarial accrued liability of the retirement system; or
(C) Affects provisions of a retirement system in a manner combin ing the affects described in subparagraphs (A) and (B) of this paragraph.

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715

(5) 'Retirement bill having a fiscal impact' means:
(A) Any retirement bill having the effect of creating or establishing a new retirement system; or
(B) Any retirement bill affecting a retirement system by any one or more of the following methods:
(i) By granting a benefit increase under the retirement system;
(ii) By creating an actuarial accrued liability of the retirement sys tem if the retirement system had no such liability;
(iii) By increasing the normal costs or the employer contributions of the retirement system; or
(iv) By increasing the actuarial accrued liability of the retirement system."
Section 2. Said article is further amended by striking subsection (a) of Code Section 47-20-32, relating to the introduction of nonfiscal retirement bills in the General Assembly, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) A nonfiscal retirement bill may be introduced at any regular session of the General Assembly, but it must be introduced during the first 20 days of a regular session. As a condition precedent to the intro duction of a nonfiscal retirement bill, the member of the General Assem bly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. If the state auditor finds that the proposed bill is a nonfis cal retirement bill, said officer shall provide a written certification to that effect to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the state auditor that the bill is a nonfiscal retirement bill. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill McKenzie

Those not voting were Senators:

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bowen Brantley (excused)

Coleman (excused) Fincher

Howard Kennedy (presiding)

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

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

Senator Timmons of the llth moved that HB 282 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 282 was immediately transmitted to the House.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:00 o'clock Noon, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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717

Senate Chamber, Atlanta, Georgia Friday, February 8, 1985
Seventeenth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

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

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

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

Mr. President:

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

HB 45. By Representative Lane of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to prohibit any person, firm, or corporation from selling, transferring, or conveying a sal vage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.

HB 61. By Representative Bray of the 91st:
A bill to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to financial institutions' pay ment of deposits of deceased intestate depositors, so as to provide that moneys belonging to an intestate decedent may be deposited into a sav ings account in the decedent's name and may be paid out in the same manner as from other accounts of the decedent.

HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and others:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to county boards of tax asses sors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by

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boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.

HB 119.

By Representatives Richardson of the 52nd, Galer of the 97th, Aaron of the 56th and others:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, so as to change the amount to which certain spouses, chil dren, or their descendants are entitled in cases of intestacy and to provide for renunciation thereof.

HB 130.

By Representatives Hamilton of the 124th, Jackson of the 9th and Lane of the 27th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide defini tions; to change certain procedures relative to the foreclosure of liens on abandoned motor vehicles; to change certain notice requirements.

HB 188.

By Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st and others:
A bill to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominat ing candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party.

HB 228.

By Representative Johnson of the 72nd:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills.

HB 235.

By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th 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 vehi cles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Emory University.

HB 306.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to delete the definition of the term "wild animal dealer"; to provide a definition of "wild animal business"; to com-

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bine the wild animal dealer and exhibition licenses and to set a fee of $200.00 for the combined license; to allow the imposition of conditions on wild animal licenses.

HB 309.

By Representative Evans of the 84th:
A bill to amend Article 11 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the sale and other disposition of corpo rate assets, so as to define certain terms; to require certain approvals of the board of directors and shareholders; to impose fair pricing require ments for certain corporate transactions; to provide for inapplicability under certain conditions.

HB 325.

By Representatives Steinberg of the 46th, Bolster of the 30th, Alford of the 57th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to specify certain zoning procedures to be followed in counties having a population of 400,000 or more and in municipalities wholly or partially located within such counties.

HB 372.

By Representative Chambless of the 133rd and others:
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 redefine certain terms.

HB 373.

By Representative Chambless of the 133rd and others:
A bill to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution."

HB 83. By Representatives Chambless of the 133rd, Thomas of the 69th, Evans of the 84th and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental power and control over children and the recovery for the homicide of a child, so as to provide that actions to re cover the full value of the life of a child shall be brought as provided in Chapter 4 of Title 51.

HB 374.

By Representative Chambless of the 133rd and others:
A bill to amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to in crease the par value of each share for each class; to provide for a mini mum par value.

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HB 375.

By Representative Chambless of the 133rd and others:
A bill to amend Code Section 11-1-201 of the Official Code of Georgia Annotated, relating to general definitions in the Uniform Commercial Code, so as to redefine the term "bank."

HB 393.

By Representatives Holcomb of the 72nd, Jackson of the 9th, Yeargin of the 14th and others:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to provide that certain driving records shall be made available to boards of education without charge.

HB 404.

By Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to tax collectors, so as to pro vide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due.

HB 413.

By Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the levy and collection of a tax on alcoholic beverages in DeKalb County and municipalities therein and the allocation of the proceeds of said tax for educational purposes.

HB 437.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Code Section 7-3-6 of the Official Code of Georgia An notated, relating to exemptions from the provisions of the "Georgia In dustrial Loan Act," so as to provide for an express exemption for certain colleges and universities.

HB 438.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solici tation Sales Act," so as to provide an express exemption for certain col leges and universities.

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HB 486.

By Representatives Crosby of the 150th, Moore of the 139th, Dixon of the 151st and others:
A bill to provide that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit.

HB 494.

By Representative Porter of the 119th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to provide that persons who are licensed as used motor vehicle parts dealers and who make applica tion to be licensed as used car dealers shall be exempt from meeting certain qualifications; to prohibit units of local government from regulat ing or licensing persons as used car dealers unless such persons are ap proved for licensure by the state.

HB 502.

By Representatives Yeargin of the 14th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Author ity Act," so as to change the definition of the term "bond" and the term, "lending institution"; to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family residential housing program.

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

HR 100. By Representatives Phillips of the 120th and Murphy of the 18th: A resolution designating "Garden Week" in Georgia.

HR 126.

By Representatives Bray of the 91st, Walker of the 115th, Moultrie of the 93rd and others:
A resolution commemorating the fiftieth anniversary of rural electrification.

HR 153.

By Representatives Godbee of the 110th and Bargeron of the 108th:
A resolution declaring the farmer to be an endangered species; urging the United States Congress to take action.

HR 154.

By Representative Redding of the 50th:
A resolution urging the governing authorities of the cities and counties of this state to regulate roadside vendors.

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HR 168.

By Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution designating the week beginning March 3, 1985, as "Women's History Week."

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

SB 25. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Code Section 43-50-26 of the Official Code of Georgia Annotated, relating to biennial renewal of licenses to practice veterinary medicine and renewal of expired licenses, so as to change the provisions relating to reinstatement of an expired license; to provide an effective date.

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

HB 135. By Representative Balkcom of the 140th: A bill to create a new charter for the City of Damascus, Georgia.

HB 327.

By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act incorporating the City of Lyons, Georgia, so as to provide for the election of the mayor and council for the City of Lyons.

HB 522.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the issuance of certain revenue anticipation obligations known as revenue bonds for the purposes stated therein.

HB 524.

By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption from ad valorem taxation for educational purposes for all school district residents who are 62 years of age or over and have a cer tain limited income.

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723

HB 532.

By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County and providing for the appointment of the chief magistrate and other magistrates, so as to change the method of selection of the chief magistrate.

HB 538.

By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, so as to change the manner in which vacancies on the board of aldermen are filled.

HB 541.

By Representative Ramsey of the 3rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Murray County Industrial Development Authority.

HB 544.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the compensation of the members of the board.

HB 548.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to election of members of Lowndes County Board of Tax Assessors.

HB 550.

By Representative Royal of the 144th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Mitchell County Development Authority and provisions for its powers, authority, funds, and purposes and procedures connected therewith.

HB 551.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to election of the Lowndes County board of education.

HB 554.

By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to change the composition of commissioner districts.

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HB 557.

By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to change the corporate limits of the city.

HB 559.

By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.

HB 562.

By Representatives Logan of the 67th, Argo of the 68th, Milford of the 13th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the AthensClarke County Industrial Development Authority which was proposed by Resolution Act No. 194 enacted at the 1960 session of the General As sembly and which was duly ratified.

HB 563.

By Representatives Barnett of the 10th, Anderson of the 8th and Hasty of the 8th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, as amended, so as to change the terms of the court.

HB 576.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the compensation of members of the board other than the chairman.

HB 577.

By Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th and others:
A bill to repeal an Act entitled "An Act to create the Pine Hill Water and Sewerage Authority in Richmond County, Georgia."

HB 578.

By Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the Board of Commissioners of Richmond County to assess and collect li cense fees and taxes from certain persons, firms, and corporations which maintain a place of business in the unincorporated area of Richmond County.

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725

HB 580. By Representative Bray of the 91st: A bill to reconstitute the Meriwether County Board of Education.

HB 581.

By Representative Bray of the 91st:
A bill to amend an Act creating the Board of Commissioners of Meri wether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County.

HB 582.

By Representatives Richardson of the 52nd, Williams of the 54th, Clark of the 55th and others:
A bill to provide a $2,000.00 additional homestead exemption from City of Decatur ad valorem taxes for residents of that city who have annual incomes not exceeding $8,000.00 and who are 62 years of age or over.

HB 588.

By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Al bany Dougherty Payroll Development Authority.

HB 589.

By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the compensation of the chairman and members of the board.

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

SB 212. By Senator Hine of the 52nd:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to make it unlawful while armed with a firearm or other dangerous weapon to enter upon the lands or premises of another or to enter into certain personal property of another for unlawful purposes.
Referred to Committee on Judiciary.

SB 213. By Senators Bryant of the 3rd and Perry of the 7th:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director".
Referred to Committee on Defense and Veterans Affairs.

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SB 214. By Senators Allgood of the 22nd, Holloway of the 12th and McKenzie of the 14th:
A bill to repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materi als Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; to provide for the regulation of shippers and carriers of hazard ous materials on the public roads of this state.
Referred to Committee on Public Utilities.

SB 215. By Senator Garner of the 30th:
A bill to amend Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to the requirement of permission to hunt on the lands of another and exceptions to such requirement, so as to provide that it shall be unlawful to hunt upon the lands of another or enter upon such lands in pursuit of wildlife, with or without a license, without first ob taining permission from the landowner or lessee of such land or the lessee of the game rights of such land.
Referred to Committee on Natural Resources.

SB 216. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies, so as to change the provisions relating to merger or consolidation.
Referred to Committee on Banking and Finance.

SR 126. By Senators Kennedy of the 4th, Holloway of the 12th, Broun of the 46th and others:
A resolution creating the Center for Rehabilitation Technology Study Committee.
Referred to Committee on Rules.

SR 128. By Senators McKenzie of the 14th and Howard of the 42nd:
A resolution creating the Senate Private Long-term Care Insurance Study Committee. Referred to Committee on Rules.

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

HB 45. By Representative Lane of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to prohibit any

FRIDAY, FEBRUARY 8, 1985

727

person, firm, or corporation from selling, transferring, or conveying a sal vage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
Referred to Committee on Transportation.

HB 61. By Representative Bray of the 91st:
A bill to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to financial institutions' pay ments of deposits of deceased intestate depositors, so as to provide that moneys belonging to an intestate decedent may be deposited into a sav ings account in the decedent's name and may be paid out in the same manner as from other accounts of the decedent.
Referred to Committee on Banking and Finance.

HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to county boards of tax asses sors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.
Referred to Committee on Banking and Finance.

HB 83. By Representatives Chambless of the 133rd, Thomas of the 69th, Evans of the 84th and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental power and control over children and the recovery for the homicide of a child, so as to provide that actions to re cover the full value of the life of a child shall be brought as provided in Chapter 4 of Title 51.
Referred to Committee on Children and Youth.

HB 119. By Representatives Richardson of the 52nd, Galer of the 97th, Aaron of the 56th and others:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, so as to change the amount to which certain spouses, chil dren, or their descendants are entitled in cases of intestacy and to provide for renunciation thereof.
Referred to Committee on Judiciary.

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HB 130. By Representatives Hamilton of the 124th, Jackson of the 9th and Lane of the 27th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide defini tions; to change certain procedures relative to the foreclosure of liens on abandoned motor vehicles; to change certain notice requirements.
Referred to Committee on Transportation.

HB 188. By Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st and others:
A bill to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominat ing candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party.
Referred to Committee on Governmental Operations.

HB 228. By Representative Johnson of the 72nd:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills.
Referred to Committee on Retirement.

HB 235. By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th 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 vehi cles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Emory University.
Referred to Committee on Transportation.

HB 306. By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to delete the definition of the term "wild animal dealer"; to provide a definition of "wild animal business"; to com bine the wild animal dealer and exhibition licenses and to set a fee of $200.00 for the combined license; to allow the imposition of conditions on wild animal licenses.
Referred to Committee on Natural Resources.

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729

HB 309. By Representative Evans of the 84th:
A bill to amend Article 11 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the sale and other disposition of corpo rate assets, so as to define certain terms; to require certain approvals of the board of directors and shareholders; to impose fair pricing require ments for certain corporate transactions; to provide for inapplicability under certain conditions.
Referred to Committee on Judiciary.

HB 325. By Representatives Steinberg of the 46th, Bolster of the 30th, Alford of the 57th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to specify certain zoning procedures to be followed in counties having a population of 400,000 or more and in municipalities wholly or partially located within such counties.
Referred to Committee on Urban and County Affairs (General).

HB 372. By Representative Chambless of the 133rd and others:
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 redefine certain terms.
Referred to Committee on Urban and County Affairs (General).

HB 373. By Representative Chambless of the 133rd and others:
A bill to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution".
Referred to Committee on Banking and Finance.

HB 374. By Representative Chambless of the 133rd and others:
A bill to amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to in crease the par value of each share for each class; to provide for a mini mum par value.
Referred to Committee on Banking and Finance.

HB 375. By Representative Chambless of the 133rd and others:
A bill to amend Code Section 11-1-201 of the Official Code of Georgia Annotated, relating to general definitions in the Uniform Commercial Code, so as to redefine the term "bank".
Referred to Committee on Banking and Finance.

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HB 393. By Representatives Holcomb of the 72nd, Jackson of the 9th, Yeargin of the 14th and others:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to provide that certain driving records shall be made available to boards of education without charge.
Referred to Committee on Public Safety.

HB 404. By Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to tax collectors, so as to pro vide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due.
Referred to Committee on Urban and County Affairs (General).

HB 413. By Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the levy and collection of a tax on alcoholic beverages in DeKalb County and municipalities therein and the allocation of the proceeds of said tax for educational purposes.
Referred to Committee on Consumer Affairs.

HB 437. By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Code Section 7-3-6 of the Official Code of Georgia An notated, relating to exemptions from the provisions of the "Georgia In dustrial Loan Act," so as to provide for an express exemption for certain colleges and universities.
Referred to Committee on Banking and Finance.

HB 438. By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solici tation Sales Act," so as to provide an express exemption for certain col leges and universities.
Referred to Committee on Banking and Finance.

FRIDAY, FEBRUARY 8, 1985

731

HB 486. By Representatives Crosby of the 150th, Moore of the 139th, Dixon of the 151st and others:
A bill to provide that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit.
Referred to Committee on Judiciary.

HB 494. By Representative Porter of the 119th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to provide that persons who are licensed as used motor vehicle parts dealers and who make applica tion to be licensed as used car dealers shall be exempt from meeting certain qualifications; to prohibit units of local government from regulat ing or licensing persons as used car dealers unless such persons are ap proved for licensure by the state.
Referred to Committee on Transportation.

HB 502. By Representatives Yeargin of the 14th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Author ity Act," so as to change the definition of the term "bond" and the term "lending institution"; to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family residential housing program.
Referred to Committee on Urban and County Affairs (General).

HR 100. By Representatives Phillips of the 102nd and Murphy of the 18th: A resolution designating "Garden Week" in Georgia.
Referred to Committee on Natural Resources.

HR 153. By Representatives Godbee of the 110th and Bargeron of the 108th:
A resolution declaring the farmer to be an endangered species; urging the United States Congress to take action.
Referred to Committee on Agriculture.

HR 154. By Representative Redding of the 50th:
A resolution urging the governing authorities of the cities and counties of this state to regulate roadside vendors.
Referred to Committee on Urban and County Affairs (General).

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HB 135. By Representative Balkcom of the 140th: A bill to create a new charter for the City of Damascus, Georgia.
Referred to Committee on Urban and County Affairs.

HB 327. By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act incorporating the City of Lyons, Georgia, so as to provide for the election of the mayor and council for the City of Lyons.
Referred to Committee on Urban and County Affairs.

HB 522. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the issuance of certain revenue anticipation obligations known as revenue bonds for the purposes stated therein.
Referred to Committee on Urban and County Affairs.

HB 524. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption from ad valorem taxation for educational purposes for all school district residents who are 62 years of age or over and have a cer tain limited income.
Referred to Committee on Urban and County Affairs.

HB 532. By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County and providing for the appointment of the chief magistrate and other magistrates, so as to change the method of selection of the chief magistrate.
Referred to Committee on Urban and County Affairs.

HB 538. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, so as to change the manner in which vacancies on the board of aldermen are filled.
Referred to Committee on Urban and County Affairs.

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733

HB 541. By Representative Ramsey of the 3rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Murray County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 544. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the compensation of the members of the board.
Referred to Committee on Urban and County Affairs.

HB 548. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to election of the members of the Lowndes County Board of Tax Assessors.
Referred to Committee on Urban and County Affairs.

HB 550. By Representative Royal of the 144th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Mitchell County Development Authority and provisions for its powers, authority, funds, and purposes and procedures connected therewith.
Referred to Committee on Urban and County Affairs.

HB 551. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to election of the Lowndes County board of education.
Referred to Committee on Urban and County Affairs.

HB 554. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to change the composition of commissioner districts.
Referred to Committee on Urban and County Affairs.

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HB 557. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 559. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner. Referred to Committee on Urban and County Affairs.

HB 562. By Representatives Logan of the 67th, Argo of the 68th, Milford of the 13th and Clark of the 13th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the AthensClarke County Industrial Development Authority which was proposed by Resolution Act No. 194 enacted at the 1960 session of the General As sembly and which was duly ratified.
Referred to Committee on Urban and County Affairs.

HB 563. By Representatives Barnett of the 10th, Anderson of the 8th and Hasty of the 8th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, as amended, so as to change the terms of the court.
Referred to Committee on Urban and County Affairs.

HB 576. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the compensation of members of the board other than the chairman.
Referred to Committee on Urban and County Affairs.

HB 577. By Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th and Ransom of the 90th:
A bill to repeal an Act entitled "An Act to create the Pine Hill Water and Sewerage Authority in Richmond County, Georgia".
Referred to Committee on Urban and County Affairs.

HB 578.

By Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th and Ransom of the 90th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the Board of Commissioners of Richmond County to assess and collect li-

FRIDAY, FEBRUARY 8, 1985

735

cense fees and taxes from certain persons, firms, and corporations which maintain a place of business in the unincorporated area of Richmond County.
Referred to Committee on Urban and County Affairs,

HB 580. By Representative Bray of the 91st: A bill to reconstitute the Meriwether County board of education.
Referred to Committee on Urban and County Affairs.

HB 581. By Representative Bray of the 91st:
A bill to amend an Act creating the Board of Commissioners of Meri wether County, so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County.
Referred to Committee on Urban and County Affairs.

HB 582. By Representatives Richardson of the 52nd, Williams of the 54th, Clark of the 55th and others:
A bill to provide a $2,000.00 additional homestead exemption from City of Decatur ad valorem taxes for residents of that city who have annual incomes not exceeding $8,000.00 and who are 62 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 588. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Al bany Dougherty Payroll Development Authority.
Referred to Committee on Urban and County Affairs.

HB 589. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the compensation of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

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SB 65. Do pass by substitute. SB 112. Do pass. SB 140. Do pass by substitute.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 113. Do pass by substitute.
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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 5. Do pass by substitute. SB 110. Do pass by substitute. SB 134. Do pass as amended. SB 152. Do pass.

SB 153. SB 165. HB 3. HB 112.

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

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 29. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

FRIDAY, FEBRUARY 8, 1985

737

Mr. President:

The Committee on Natural Resources 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 210. Do pass. HB 32. Do pass by substitute. HB 96. Do pass.

HB 160. Do pass. HB 168. Do pass. HB 153. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SB 45. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th 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 93. Do pass.

SR 102. Do pass as amended.

SR 96. Do pass as amended.

SR 106. Do pass as amended.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

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The following communication from Senator Coleman of the 1st, Chairman of the Senate Transportation Committee, was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 5, 1985

Senator Donn Peevy Vice Chairman Senate Transportation Committee

Dear Donn:

Due to my illness I will be unable to Chair the meeting of the Senate Transportation Committee on Thursday, February 7, 1985 at 3:00 p.m.

I hereby authorize and direct you to Chair the meeting in my absence and authorize the Committee to take up the following pieces of legislation:

1. S.B. 148 2. H.B. 132 3. H.B. 133 4. H.B. 134 5. H.R. 21

6. H.R. 24 7. H.R. 52 8. H.B. 220 9. H.B. 221

I very much appreciate you doing this for me and look forward to hear ing from you.

Yours truly,
/s/ J. Tom Coleman, Jr. Chairman Senate Transportation Committee

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

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:

SB 148. HB 132. HB 133. HB 220.

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

HB 221. HR 21. HR 24. HR 52.

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

Respectfully submitted,

Senator Peevy of the 48th District, Vice Chairman

FRIDAY, FEBRUARY 8, 1985

739

Mr. President:

The Committee on Urban and County Affairs 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 92. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 86. HB 87. HB 342.

Do pass. Do pass as amended. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 42. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representative of a peace officer organization, so as to prohibit false representation as a representa tive of a fire service organization; to provide for definitions.

SB 53. By Senators Trulock of the 10th and Turner of the 8th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty, so as to change the time within which certain applications may be filed.

SB 78. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, so as to change the amount of the rates so allowed.

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SB 79. By Senator Fincher of the 54th:
A bill to amend Code Section 16-12-100, relating to sexual exploitation of children, so as to require certain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto; to provide for immunity from liability; to provide for penalties.

SB 119. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relative to the institution of proceedings to compel compliance with relevant law.

SB 154. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions re lating to definitions of certain terms; to change certain provisions relating to the frequency of meetings of the State Board of Cosmetology; to de lete the requirement of an annual financial report of the board.

SB 155. By Senator Kidd of the 25th:
A bill to amend Code Section 50-9-9 of the Official Code of Georgia Annotated, relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, so as to change the provisions relating to authority to employ security guards; to provide that the security guards shall be known as the Georgia Building Authority Police.

SB 166. By Senator Deal of the 49th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the com mission of or attempt to commit certain crimes, so as to include with the list of such crimes any crime involving the possession, manufacture, de livery, distribution, dispensing, administering, selling, or possession with intent to distribute certain controlled substances.

SB 168. By Senator Bond of the 39th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia Annotated, relating to application for voter registration, so as to author ize post card registration in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; to provide an effective date.

FRIDAY, FEBRUARY 8, 1985

741

SB 170. By Senator Greene of the 26th:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical mal practice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body.

SB 173. By Senators Peevy of the 48th and Barnes of the 33rd:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Annotated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist; to provide an effective date.

SB 186. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit so as to create a new third judgeship for the Northeastern Judicial Circuit; to provide for the initial appoint ment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privi leges, and immunities of said judge.

SR 47. By Senators Stumbaugh of the 55th, Barnes of the 33rd, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.

SR 91. By Senator Burton of the 5th:
A resolution designating the right whale as the official Georgia state marine mammal.

HB 37. By Representative Barnett of the 10th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change court terms for the Superior Court of Forsyth County in the Blue Ridge Judi cial Circuit.

HB 97. By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election

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JOURNAL OF THE SENATE

Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly.

HB 111. By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to fees charged for distribution of bills and other documents.

HB 128. By Representative Colbert of the 23rd:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for officers and employees of political subdivisions to coerce other officers or employees to pay any part of their salary to any party, organization, or person for political purposes.

HB 257. By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 28 of the Offi cial Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, so as to clarify that the state or its depart ments or agencies do not include state authorities and county or munici pal departments, agencies, bureaus, commissions, and authorities for pur poses of processing claims through the board.

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

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Bryant Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

FRIDAY, FEBRUARY 8, 1985

743

Those not answering were Senators:

Brantley (excused) Brown of 47th Burton

Coleman (excused) Gillis Horton

Scott of 36th Tysinger

Senator Horton of the 17th introduced the chaplain of the day, Dr. I. W. Bowen, pastor of the First Baptist Church, Barnesville, Georgia, who offered scripture reading and prayer.

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

SR 127.

By Senators Allgood of the 22nd, Kidd of the 25th, Albert of the 23rd and others:
A resolution expressing regrets at the passing of Honorable Roy V. Har ris, Sr.

HR 126.

By Representatives Bray of the 91st, Walker of the 115th, Moultrie of the 93rd and others:
A resolution commemorating the fiftieth anniversary of rural electrification.

HR 168.

By Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th and others:
A resolution designating the week beginning March 3, 1985, as "Women's History Week".

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Friday, February 8, 1985
SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 167 McGill, 24th Wilkes County
Provides for election districts for the board of education of Wilkes County.

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SB 172 McGill, 24th Kidd, 25th Ocmulgee Judicial Circuit
To amend an Act providing an annual salary for the official court report ers of the Ocmulgee Judicial Circuit; changes the salaries of such court reporters; changes the expense allowances of such court reporters; to pro vide an effective date.

SB 193 Kidd, 25th Wilkinson County
To amend an Act placing the clerk of the Superior Court of said county on an annual salary; changes the provisions relating to cost-of-living in creases for the clerk of the superior court.

SB 194 Kidd, 25th Wilkinson County
To amend an Act placing the sheriff of said county on an annual salary; changes the provisions relating to cost-of-living increases for the sheriff; changes the provisions relating to the appointment of personnel in the office of sheriff.

SB 195 Kidd, 25th Wilkinson County
To amend an Act creating the office of tax commissioner of said county, approved March 3, 1964; changes the provisions relating to cost-of-living increases for the tax commissioner; to change provisions relating to the appointment of personnel in the office of tax commissioner.

SB 196 Kidd, 25th Wilkinson County
To amend an Act placing the judge of the Probate Court of said county upon an annual salary in lieu of the fee system of compensation, ap proved March 24, 1965, as amended, so as to change the provisions relat ing to cost-of-living increases for the judge of the probate court.

SB 197

Kidd, 25th Wilkinson County
To amend an Act providing that the judge of the Probate Court of said county shall serve as chief magistrate of the Magistrate Court of said county, approved March 12, 1984, providing for cost-of-living increases for magistrates under the chief magistrate and for the clerk of such court; provides an effective date.

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HB 295 Deal, 49th Brantley, 56th Forsyth County
Relates to providing for the election of members of the Board of Educa tion and for qualifications, duties, terms, and compensation of members of the board.

HB 451

Foster, 50th City of Helen White County
Reincorporates and provides a new charter for the City of Helen, Geor gia.

HB 482 Perry, 7th Berrien County
Establishes an airport authority for said county to be known as the "Ber rien County Airport Authority."

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon
Broun of 46th Brown of 47th Cobb Coverdell Deal Dean Engram

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

Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 36th
Starr Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Brantley (excused) Bryant Burton Coleman (excused)

Dawkins English Kidd Reddish

Scott of 2nd Stumbaugh Tysinger

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On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Friday, February 8, 1985
SEVENTEENTH LEGISLATIVE DAY
SB 22 Department of Human Resources--establish program for services to handicapped child and parents (Hum R--5th)
SB 28 Cities, Counties--may incur short-term indebtedness and specify terms (SUBSTITUTE) (U&CA G--14th)
SB 82 Quality Basic Education in Georgia--provide (SUBSTITUTE) (Ed--33rd)
SB 91 Public Works Contracts--provide for progress payments (SUBSTI TUTE) (I&L--37th)
SB 108 Gasoline Refiner, Producer--prohibit operating retail service station (SUBSTITUTE) (AMENDMENT) (I&L--25th)
SB 125 Civil Actions--remove certain prohibitions on insurance coverage suggestion (SUBSTITUTE) (Ins--49th)
SB 129 Plea of Insanity--provide for evidence of sanity or insanity (SUB STITUTE) (Off R--10th)
SB 139 Nursing Homes--use of premises as barbershop and beauty shop (Hum R--34th)
SB 146 Human Body or Parts--unlawful to buy or sell (Hum R--9th)
SB 157 Youthful Offender Act--change and delete certain terms (Off R--4th)
SR 12 Cities, Counties--authorize to incur short-term debt certain percent age of property value (SUBSTITUTE) (U&CA G--14th)
SR 79 University System Laboratory, Equipment and Eminent Scholars En dowment Study Committee--create (H Ed--46th)
SR 81 Automobile Insurance Rewarding Young, Safe Drivers--encourage (Ins--40th)
HB 31 Board of Regents Employee--may serve on certain foundation boards (H Ed--54th)
HB 56 Surplus Line Broker Licensure--bonds to be executed (Ins--55th)
HR 18 The Atlas of Georgia--designate as official state atlas (H Ed--54th)

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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 22. By Senators Burton of the 5th, Phillips of the 9th, Howard of the 42nd and others:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize and require the department to establish a program to provide services to handicapped children and their parents; to provide for defini tions; to provide for other matters relative to the foregoing.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

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

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Walker

Those not voting were Senators:

Brantley (excused) Coleman (excused) Dawkins

Garner Scott of 2nd Timmons

Trulock Tysinger

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

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

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Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

Senator Coverdell of the 40th asked unanimous consent to excuse Senator Brantley of the 56th from the Senate today due to illness; the consent was granted, and Senator Brantley of the 56th was excused from the Senate today.

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 282.

By Representative Johnson of the 72nd:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to legislative control provisions of the "Public Retirement Systems Standards Law," so as to change the defini tions of a nonfiscal retirement bill and a retirement bill having a fiscal impact; to change the provisions relating to the introduction of nonfiscal retirement bills in the General Assembly.

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

SB 28. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, munici palities, and other governmental entities, so as to authorize counties and municipalities to incur certain short-term indebtedness and specify the terms and conditions thereof; to provide for notices.

The Senate Committee on Urban and County Affairs offered the following substi tute to SB 28:

A BILL
To be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipalities, and other governmental entities, so as to authorize counties and municipalities to incur certain short-term indebtedness and specify the terms and conditions thereof; to provide for notices; to provide for petitions to require referendum approval to incur indebtedness; to pro-

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vide for related procedures; to provide exceptions from compliance with cer tain laws; to provide for security interests; to provide for penalties; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 80 of Title 36 of the Official Code of Georgia An notated, relating to general provisions applicable to counties, municipalities, and other governmental entities, is amended by adding at the end thereof a new Code Section 36-80-16 to read as follows:
"36-80-16. (a) As used in this Code section, the term:
(1) 'County' means a county proposing to execute any debt instrument.
(2) 'Debt instrument' means any instrument, or series of instru ments issued at the same time, under which a county or municipality incurs a short-term debt pursuant to Article IX, Section V, Paragraph I, subparagraph (c) of the Constitution. In any case in which a series of instruments is issued at the same time, the term 'debt instrument' shall refer to the instruments comprising such series collectively and not to each separate instrument of such series.
(3) 'Election superintendent' means:
(A) In the case where any debt instrument is to be executed by a county, the county board of elections, if the county has such; otherwise, the judge of the probate court; and
(B) In the case where any debt instrument is to be executed by a municipality, the municipal clerk or other person authorized by law to conduct elections in that municipality.
(4) 'Elector' means any person who possesses all of the qualifica tions for voting now or hereafter prescribed by the laws of this state and who has registered, in accordance with Chapter 2 or 3 of Title 21, in the county or municipality proposing to execute any debt instrument.
(5) 'Municipality' means a municipality proposing to execute any debt instrument.
(6) 'Notice of intent' means the notice required to be published pur suant to subsection (d) of this Code section.
(7) 'Petition for referendum' or 'petition' means a petition, author ized under subsection (e) of this Code section, which demands that debt not be incurred without referendum approval thereof.
(b) Counties and municipalities are authorized to incur short-term debt pursuant to Article IX, Section V, Paragraph I, subparagraph (c) of the Constitution, subject to the additional conditions specified in this Code section.
(c) The combined payments of principal and interest under any debt instrument during each year of the term of the debt instrument

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shall be approximately equal; and such combined payments shall be deemed to be approximately equal if they are not greater than 105 per cent or less than 95 percent of the amount required to repay the principal of and interest on such debt instrument in successive, equal, annual com bined payments of principal and interest over the term of such debt in strument. This requirement shall not prohibit a county or municipality from repaying any debt instrument prior to the date such debt instru ment is scheduled to mature.
(d) Prior to executing any debt instrument, the county or munici pality proposing to execute that instrument shall have published one time in a newspaper of general circulation in that county or municipality a notice of intent to execute that debt instrument. That notice shall specify the debt principal to be incurred under the debt instrument, the purposes of the debt to be incurred, and the term of such debt. Such a debt instru ment may not be executed until the county or municipality proposing to execute that debt instrument has received written notification from the election superintendent thereof that no legally sufficient petition for ref erendum regarding that debt instrument has been filed under subsection (e) of this Code section. If the county or municipality has received writ ten notification from the election superintendent thereof that a legally sufficient referendum petition regarding that debt instrument has been filed under subsection (e) of this Code section, that debt instrument may not be executed pursuant to the authority of Article IX, Section V, Para graph I, subparagraph (c) of the Constitution, but nothing in this Code section shall limit the authority of that county or municipality to execute that debt instrument or incur debt thereunder where otherwise constitu tionally authorized and subject to referendum approval.
(e) No later than the thirtieth day following the publication of a notice of intent with regard to a debt instrument, a petition for referen dum may be filed with the election superintendent of the county or mu nicipality proposing to execute that debt instrument. In order to be le gally sufficient to prohibit the incurring of debt without a referendum with regard to that debt instrument, that petition shall contain the signa tures of electors who constitute at least 20 percent of the number of elec tors registered to vote in the last general election of the county or munici pality proposing to execute that debt instrument and otherwise comply with the requirements of this Code section.
(f) As soon as practicable after the thirtieth day following the pub lication of a notice of intent and, in any event, not later than the fiftieth day following the publication of a notice of intent, the election superin tendent of any county or municipality proposing to execute any debt in strument shall determine the legal sufficiency of any petition filed there with and shall provide written notification to the governing authority of the county or municipality proposing to execute any debt instrument as to whether or not a legally sufficient petition has been filed with regard to that debt instrument. Within seven days after providing such written no tification, the election superintendent shall have published one time in the newspaper in which the notice of intent was published a notification as to whether or not a legally sufficient petition has been filed with regard to that debt instrument, but the failure to comply with this requirement

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shall not affect the validity of any debt incurred in conformity with the other provisions of this Code section.
(g) The election superintendent of a county or municipality shall have unrestricted authority to examine the election records of that re spective county or municipality for the purpose of determining if the signers of the petition for referendum are electors of said county or mu nicipality. If the election superintendent shall not be reasonably able to ascertain that any signature is that of an elector eligible to sign the peti tion, that signature shall not be counted in determining whether the peti tion is legally sufficient.
(h) No petition for referendum shall be amended, supplemented, or returned after it has been filed with the election superintendent.
(i) At the time of signing a petition for referendum, an elector shall sign the elector's name and the elector, or the person circulating the peti tion, shall print the name of the elector below the elector's signature and shall print or write the elector's residence address, giving number and street or route, city, the name of the county, and the date on which the elector signed the petition. If an elector is incapable of signing that elec tor's own name, the elector may specifically request any circulator of the petition to sign and print that name and the other information required, but in that event that circulator shall sign the circulator's name beside the printed name of the elector.
(j) Each page of a petition for referendum shall contain at the top substantially the following:
PETITION FOR REFERENDUM
TO: ____________________________________ (Name of election superintendent, name of county or municipality)
We, the electors registered to vote in
____________________________ demand that such (Name of county or municipality)
(county)___(municipality) not incur debt under the debt instrument
for which notice of intent was published on _______ as follows: (Date)
(EXACT WORDS OF NOTICE)
unless that debt is approved in a referendum, as provided by law.
(k) Any person who knowingly signs that person's name more than once for the same petition of referendum, who knowingly is not at the time of signing a qualified elector of the county or municipality proposing to execute any debt instrument, or who signs any name other than that person's own name to a petition, except in circumstances where that per son signs for another person in the presence of and at the specific request of that other person who is incapable of signing that other person's own name, shall be guilty of a misdemeanor.

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(1) A county or municipality which incurs a debt in conformity with this Code section shall have the authority to incur that debt without com plying with those provisions:
(1) Which relate to notices and election to approve other than bonded debt under Code Sections 36-80-10 through 36-80-13;
(2) Which relate to notices and election to approve bonded debt under Article 2 of Chapter 82 of Title 36; and
(3) Which relate to validation of bonds under Article 2 of Chapter 82 of Title 36.
(m) A county or municipality incurring debt pursuant to this Code section may secure such debt by granting a security interest in any prop erty purchased with the proceeds of such debt. Any security interest so granted shall be governed by and subject to the provisions of Article 9 of Title 11.
(n) Counties having a population less than 7,000 shall be authorized to incur debt in an amount not less than $100,000.00 and municipalities having a population less than 5,000 shall be authorized to incur debt in an amount not less than $50,000.00 but in no event shall this debt amount exceed 1 percent of the assessed value of all the taxable property within the county or municipality incurring that debt. For purposes of this subsection, population shall be determined according to the United States decennial census of 1980 or any future such census."
Section 2. This Act shall become effective only if an amendment to the Constitution which authorizes the General Assembly to grant to counties and municipalities the power to incur, under conditions specified by general law, certain short-term debt of one-quarter of 1 percent to 1 percent of the assessed value of taxable property of those counties and municipalities is ratified at the 1986 general election. If that amendment to the Constitution is so ratified, this Act shall become effective January 1, 1987. If that amendment is not so ratified, this Act shall be void and of no force and effect and shall be automatically repealed.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

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

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

Voting in the negative was Senator Horton.

Those not voting were Senators:

Brantley (excused) Coleman (excused)

Hudgins

Tysinger

On the passage of the bill, the yeas were 51, nays 1.

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

SB 82. By Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every school in Georgia; to provide for a state-wide curriculum; to provide for instructional pro grams; to provide for grants to local units of administration for the oper ation of educational programs; to provide for essential instructional and support services resources.
The Senate Committee on Education offered the following substitute to SB 82:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every public

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school in Georgia; to provide for a short title and for the purposes of this article; to state legislative intent concerning the achievement of certain goals; to provide for a state-wide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the oper ation of educational programs; to provide for essential instructional and sup port services resources; to provide for public school personnel certification and other personnel regulations; to provide for the powers and duties of the State Board of Education, the State School Superintendent, and local units of administration; to provide for improved personnel and programs through innovation and incentives; to provide for staff development for personnel of local units of administration; to provide for regional educational service agencies; to provide for planning and evaluation of programs and services of local units of administration and for assessment of student achievement; to provide for middle schools, for capital outlay, and for the needs of small and sparsely populated local units of administration; to provide for withholding of state funds under certain circumstances; to provide for penalties; to repeal Code Section 20-2-37 of the Official Code of Georgia Annotated, relating to annual reports by superintendents; to repeal Code Section 20-2-38 of the Official Code of Georgia Annotated, relating to reports from local officials; to repeal Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to workshops for county and other boards; to repeal Code Section 20-2-61 of the Official Code of Georgia Annotated, relating to reorganizing schools; to repeal Code Section 20-2-670 of the Official Code of Georgia Annotated, relating to no discrimination; to repeal Code Section 20-2-671 of the Official Code of Georgia Annotated, relating to no tuition for certain persons; to repeal Code Section 20-2-720 of the Official Code of Georgia Annotated, relating to attendance reports; to repeal Code Section 20-2-941 of the Official Code of Georgia Annotated, relating to notice of renewal of contracts; to repeal Code Section 20-2-1030 of the Official Code of Georgia Annotated, relating to courses in health and physical education; to repeal Code Section 20-2-1031 of the Official Code of Georgia Annotated, relating to teacher training courses in health and physical education; to repeal Code Section 20-2-1032 of the Official Code of Georgia Annotated, relating to employment of supervisors and special teachers of health and physical edu cation; to provide for enrollment by instructional program and full-time equivalency counts, certification, and applicant testing, state minimum sal ary schedules, career ladders and other compensation, program grants, and electronic technology plans from July 1, 1985, through July 1, 1986; to pro vide for all matters relative to the foregoing; to provide for construction; to provide effective dates; to repeal conflicting laws; and for other purposes,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Article 6, known as the "Adequate Program for Edu cation," relating to instructional and supportive services; cooperative educa tional service agencies; grants to local units for operation of educational pro grams; district power equalization; capital outlay funds; program standards, assessments, and improvements; powers and duties of the State Board of Education, State School Superintendent, and local units of administration;

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and other related matters, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
Part 1
20-2-130. This article shall be known and may be cited as the 'Quality Basic Education Act.'
20-2-131. The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum state wide which ensures that each student is provided ample opportunity to develop competencies necessary for life-long learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environ ment and conserve public and private resources, and to be an effective worker and responsible citizen;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in or der that they may realize their potential;
(3) Providing a financed public education structure which ensures that every student has an opportunity for a quality basic education, no matter where he lives and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student may have access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive pro grams which will motivate public school personnel to enhance their compe tencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and
(10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to en sure a literate and informed society

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does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality in struction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused ad mission into or be excluded from any public school in the state on account of race, creed, color, or national origin.
20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage of students who enter high school but do not graduate;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in read ing, mathematics, or other subject test areas, as measured on the criterionreferenced test in the first, third, fourth, and eighth grades.
Part 2
20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of his public school education. The State Board of Education shall also establish compe tencies for which each student should be provided opportunities, at the dis cretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uniformly se quenced core curriculum for grades kindergarten through 12. All local units of administration shall include this uniformly sequenced core curriculum as the basis for their own curriculum; although they may expand and enrich this curriculum to the extent they deem necessary and appropriate for their students and their community.
20-2-141. The State Board of Education shall establish on a periodic basis, at least once every five years, a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly represen tative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the State Board of Edu cation shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens.
20-2-142. (a) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:

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(1) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the course in governments provided for by this subsection; and
(2) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection.
(b) (1) The State Board of Education and the commissioner of public safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consum ing alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the com missioner of public safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically in the public schools of this state to persons over 13 years of age in the manner prescribed by the State Board of Education.
(2) All secondary schools which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alco hol and drug course periodically at various locations in the state in the man ner provided by the Board of Public Safety.
(4) Instructors shall issue a certificate of completion to each person completing the alcohol and drug course.
(5) The completion of the alcohol and drug course provided in para graph (1) of this subsection shall not serve as an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.

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Part 3
20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children who have attained the age of five years by Sep tember 1 and all youth who have not yet received a high school diploma or its equivalent shall be eligible for enrollment in the appropriate general and special education programs authorized in this part including students who are married or unmarried, parents, or pregnant; provided, however, unless otherwise provided by law, the State Board of Education shall have author ity to determine the eligibility of young children for enrollment in programs of early childhood education prior to kindergarten and adult education pro grams of general, basic, and vocational education. Each local unit of admin istration shall have the authority to assign students who are married or un married, pregnant, or parents, or a combination thereof, to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program. These programs may include instruction in prenatal care and child care. It is declared to be the policy of this state that general and occupa tional education be integrated into a comprehensive educational program which will contribute to the total development of the individual.
(b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs author ized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
(c) All children enrolled in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
20-2-151. (a) The primary purpose for the general and career educa tion programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum.
(b) The following general and career education programs are for pur poses of funding under this article authorized:
(1) (A) All local school systems shall offer a full-day kindergarten program, beginning school year 1987-88. All kindergarten programs in which students are enrolled on a full-day basis shall be funded under this article on a full-day basis. Until fiscal year 1988, local school systems, en rolling students on a half-day basis will be funded at one-half the funding rate for full-day programs;
(B) For purposes of this Code section, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and onehalf hours daily for a 180 day school year. For purposes of this Code sec-

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tion, the term 'half-day basis' means a student is provided classroom instruc tion of two and one-half hours or more but less than four and one-half hours daily for a 180 day school year; and
(C) To be eligible for enrollment in a state supported kindergarten pro gram, a child must attain the age of five by September 1, except as other wise provided by subsection (b) of Code Section 20-2-150.
(2) (A) It is the policy of the state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three; and
(B) It is the policy of the state that the purpose of the kindergarten program shall be to provide all children with an equal opportunity to be come prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational ca reer. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must obtain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150 and beginning in school year 1988-1989 must have achieved the state board established criterion score or scores on the school readiness assessment pur suant to Code Section 20-2-281.
(3) It is the policy of this state that the primary purposes for the mid dle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from childhood to adoles cence, and preparing students for the selection of programs and courses con sistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight.
(4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career field as well as to prepare them to take their place in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purpose of funding under this article:
(i) The high school education program which includes general, voca tional, and college preparatory classes;
(ii) The high school laboratory program; and
(iii) The vocational laboratory program;
(B) As a reflection of the reduced teacher-student ratios and more ex tensive material and equipment needed for effective laboratory courses com pared to courses with no or only limited laboratory experiences, the high school and vocational laboratory programs shall be funded at a higher level than the high school general education program. The State Board of Educa-

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tion shall adopt criteria which courses must meet in order to qualify for either the high school or the vocational laboratory programs.
20-2-152. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have spe cial educational needs shall also be eligible for special education services. Such children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or al terations in their educational programs. This shall include children who are intellectually gifted, mentally handicapped, behavior disordered, hospital ized or home bound, handicapped by a special learning disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually im paired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special educa tion to be served on a state-wide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel.
(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible stu dents with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems, regional educational service agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding of special educational programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasi ble or impractical to provide needed educational services through programs offered by local school systems. The State Board of Education may provide such educational services by:
(A) Providing grants directly to regional educational service agencies for provision of services;
(B) Authorizing local units of administration to contract with or make grants to suitable private or public institutions, or with both public and pri vate institutions, inside or outside this state, for the provision of such services;
(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;
(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.

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(2) The State Board of Education may promulgate any rules, regula tions, and standards and establish the terms and conditions governing the provision of state aid under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.
(d) (1) The following special education programs for purposes of fund ing under this article are authorized for the public schools of this state:
(A) Program for the resourced mildly handicapped;
(B) Program for the resourced moderately handicapped;
(C) Program for the self-contained moderately handicapped;
(D) Program for the self-contained severely handicapped; and
(E) Program for the gifted students.
(2) For the purposes of this subsection, the term 'self-contained' means the student is instructed by a certificated special education teacher for half or more of the school day. For the purposes of this subsection, the term 'resourced' means the student is instructed by a certificated special educa tion teacher for less than half of the school day.
(3) The State Board of Education shall adopt criteria which shall be used to determine the eligibility of a student for a state funded special edu cation program.
20-2-153. The state board is authorized to create a special instructional assistance program. Only students who are otherwise eligible for kindergar ten, primary grades, or middle grades programs and who have documented developmental levels below expectations for their respective ages that are not attributable to a discernible handicapping condition shall be eligible for the special instructional assistance program. The primary purposes of this supplemental program shall be to mitigate to the extent possible the stu dents' identified developmental deficiencies and to assist in maintaining a level of student mastery consistent with the expectations for their respective ages. The State Board of Education shall specify the instruments and pro cess which shall be used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied. The State Board of Education shall base grants to local school systems under this paragraph upon documented number of students needing such services. In the event the General Assembly appropriates insufficient funds to provide grants to address the documented needs for all eligible students, the grants will be adjusted in a manner which directs funds toward addressing the needs of the younger eligible students;
20-2-154. The state board is authorized to create a remedial compensa tory education program. Only students in grades two through five and grades nine through 12 who are achieving either a half-year or 15 percent, whichever is greater, below their expected level of achievement for their re spective grade-level in language arts or math shall be eligible for the reme dial compensatory education program. The primary purpose of this program shall be to provide individually oriented instruction in the areas for which

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the students' mastery is significantly below expectation for their respective grade levels. Students in grades two through five receiving instruction under this program shall not receive instruction in the same academic areas under the general and career education programs. The State Board of Education shall specify the instruments and process, including specific criteria, which shall be used to determine student eligibility for this program;
20-2-155. The state board is authorized to create an in-school suspen sion program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assign ments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs, rather than suspending or expelling such students from school. Therefore, the primary purposes of the in-school program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually ori ented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school programs may be housed in the regular assigned schools, spe cial schools specifically organized for suspension programs, or alternative schools, provided the suspended students are isolated from typical school ac tivities until they demonstrate sufficient adjustment to warrant their re turning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon documented needs to operate in-school suspension programs.
20-2-156. The State Board of Education is authorized to create a pro gram for limited English-speaking students. The purpose of this program is to assist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant to local school systems sufficient funds based upon documented needs to operate the pro grams. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provi sions of this Code section.
Part 4
20-2-160. (a) At three different times during the school year, prefera bly late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as authorized under this article for each student shall be reported to the Department of Educa tion. This enrollment report shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver's education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires partici pation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such place-

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ment is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is pre pared and retained, or any other course or activity so designated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indicated for one or more sixths of the school day if the student is not enrolled for an instructional program or not attending regularly. Nor shall a program be indicated for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or participation in the instruction. The State Board of Education shall adopt such regulations and criteria as neces sary to ensure objective and true counts of students in state approved in structional programs. The State Board of Education shall also establish cri teria under which a student shall be counted as a resident or a nonresident student. If a local school system has a justifiable reason, it may seek author ity from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date.

(b) The sum of each school system's one-sixth day counts for each state recognized program shall constitute the full-time equivalent (FTE) program count for the system. The average of each system's most recent three full-time equivalent program counts shall be the FTE count used to compute the funds needed to finance the program for the ensuing year.

20-2-161. (a) The instructional programs for grades four through eight are declared to be the base program against which the cost of all other in structional programs shall be compared. The General Assembly shall annu ally establish through the General Appropriations Act the amount of funds needed by each full-time equivalent student in order that the base program can be sufficiently funded to provide quality basic education to all enrolled students. Such amount shall reflect costs needed for the following major pro gram components: instructional personnel and operations, facility mainte nance and operation, media center personnel and materials, school adminis tration, central administration, and staff development.

(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of the students enrolled, it shall be the policy of this state that state authorized instructional programs shall have the following program weights:

(1) Kindergarten program

1.329

(2) Primary grades program (1-3)

1.237

(3) Middle grades program (4-8)

1.000

(4) High school general education program (9-12)

0.996

(5) High school laboratory program (9-12)

1.295

(6) Vocational laboratory program (9-12)

1.322

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(7) Program for the resourced mildly handicapped

2.139

(8) Program for the resourced moderately handicapped

2.486

(9) Program for the self-contained moderately handicapped 3.018

(10) Program for the self-contained severely handicapped

3.897

(11) Program for the gifted students

1.430

(12) Remedial compensatory education program

1.314

(c) The State Board of Education shall annually compute the total funds needed for a Quality Basic Education Program for each local school system. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:

(1) Multiply the average Full-time Equivalent (FTE) program count pursuant to subsection (b) of Code Section 20-2-160 by the respective pro gram weight established in subsection (b) of this Code section;

(2) Multiply the product computed in paragraph (1) of this subsection by the Base Amount as established in the General Appropriations Act; and

(3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the said instructional program in accordance with subsection (d) of this Code section.

(d) The State Board of Education shall annually calculate for each in structional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the Base Amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212 and the responsibility supplement pursuant to Code Section 20-3-214. The calcula tion of such additional amount shall be based on the qualified personnel who were employed by the local school system as of a state board specified date during the current fiscal year. Such additional amount shall be known as 'program adjustment amount for training and experience.'

(e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and rec ommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General As sembly, members of the State Board of Education, staff members of the Governor's office, and representatives of local school systems. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.'

20-2-162. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the cur rent fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local system when recalculated is greater

FRIDAY, FEBRUARY 8, 1985

765

than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to said school system shall not be reduced. Local school systems which fail to pro vide the state board with complete full-time equivalent student counts by instructional program by the state board specified dates shall not be eligible for recalculation of their current year allotment.
20-2-163. Reserved.
20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds the local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; pro vided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of sub section (a) of Code Section 20-2-166. The amount of each local school sys tem's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax di gest for the school system by .4;
(2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsec tion by .005.
(b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under the Quality Basic Education formula; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or authorized by other provisions of this article.
(2) The local school system may apply revenues toward the local fair share from any source except funds derived from the federal government which were not designed to replace local tax revenues, the state, student tuition and fees, and the transfer of funds from another local unit of administration.
(c) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Sec tion 48-5-274. The sums of the most recent equalized adjusted school prop erty tax digests, as shown on the state auditor's ratio study reports, which are due on November 15 immediately preceding the beginning of a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
(d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:

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(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44;
(2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and
(3) The amount of tax revenues by source which have been distributed by said local government to local school systems for program operation and maintenance. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue.
(e) The Department of Revenue shall annually furnish the State Board of Education with the following data for each local school system by No vember 15:
(1) All tax revenues by source for the preceding fiscal year which were distributed for program operation and maintenance; provided, however, such tax revenues shall exclude any state revenue collections which were previ ously distributed to the state general fund and then appropriated or allo cated to local school systems;
(2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 for the preceding calendar year; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-548 for the preceding calendar year.
(f) The Office of Planning and Budget shall annually furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of total population for each local school system.
(g) For purposes of calculation under this Code section and Code Sec tion 20-2-165, the equalized adjusted school property tax digest shall be re duced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year multiplied by the amount per exemption authorized under that Code section;
(2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year multiplied by the amount per exemption authorized under that Code section;
(3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; and
(4) The product which results from the following calculations:
(A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institu-

FRIDAY, FEBRUARY 8, 1985

767

tional population, during the year from the respective percentage for the said local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero will be used in the calculations in this paragraph;
(B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and
(C) Multiply the product which results from subparagraph (B) of this paragraph by this estimated number of persons age 65 or older residing in the local school system during that year.
(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as de fined by this article during any fiscal year, the state board shall calculate the total amount of such funds which was not raised or used in support of such programs and add that amount to the local fair share being required of the local school system for the next ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the State Board of Education shall add said amount to the local fair share of the local school system for the next ensuing year if the board has not been provided docu mentation that the said amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If the State Board of Educa tion deems it unlikely that any local school system will fulfill its obligation relative to its assessed local fair share for any fiscal year, the State Board of Education may withhold any portion or all of the state funds to be allotted during the fiscal year.
20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' means 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted FTE' means the assessed valua tion for the most recent year available divided by the average weighted FTE count for the year of the digest.
(3) 'Effective millage rate' means local tax revenues divided by the as sessed valuation multiplied by 1,000.
(4) 'Eligible full-time equivalent program count' means the sum of the full-time equivalent resident student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program which has a program weight authorized pursuant to subsection (b) of Code Section 20-1-161; provided, however, that each full-time nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year.
(5) 'Equalized adjusted school property tax digest' means the most re cent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 20-2-164.

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(6) 'Guaranteed valuation school system' means the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE.
(7) 'Local tax revenues' means the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, plus any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation regarding such federal funds.
(8) 'Most recent average weighted FTE count' means the average of the three most recent weighted FTE counts, except that for fiscal year 1987 it shall mean the average weighted FTE counts collected during fiscal year 1986.
(9) 'Qualified local school system' means any local school system hav ing an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effec tive millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164.
(10) 'Weighted FTE count' means the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161.
(11) 'Weighted FTE for the year of the digest' means the average of the three weighted FTE counts taken during that fiscal year beginning dur ing the year of the digest; except that for fiscal year 1987 it shall mean the average of all weighted FTE counts collected during fiscal year 1986 multi plied by the ratio that the annual average daily membership for fiscal year 1985 is to the average of all eligible FTE counts for fiscal year 1986.
(b) The State Board of Education shall annually calculate the equali zation grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted FTE for the said sys tem from the assessed valuation per weighted FTE for the guaranteed valu ation school system;
(2) Divide the difference resulting from paragraph (1) of this subsec tion by 1,000;
(3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective mil lage rate for said school system and select the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsec-

FRIDAY, FEBRUARY 8, 1985

769

tion by the most recent average weighted FTE count for the said local school system; and
(6) The resulting amount shall be the equalization grant for the ensu ing fiscal year.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each quali fied local school system. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the State Board of Education to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the State Board of Education shall propor tionately reduce the amount of funds to be allocated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regulations as the State Board of Education deems necessary or desirable to implement and carry out the intent of this Code section.
20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by.
(1) Adding the amount needed by the said local school system for cate gorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the instructional pro grams funded under the Quality Basic Education formula pursuant to sub section (c) of Code Section 20-2-161;
(2) Subtracting the amount of funds required by the said local school system for the local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and
(3) Adding, if the said local system qualifies, the equalization grant pursuant to subsection (c) of Code Section 20-2-165 to the difference in subsection (b) of this Code section, the resulting amount of funds being the amount of state funds which the State Board of Education shall allot over the course of the fiscal year to the said local school system, except that the amount of state funds allotted may be increased by the midyear adjustment as provided in Code Section 20-2-162. The State Board of Education shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropri ated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided for by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article.
(b) The State Board of Education shall, by regulation, provide for dis tribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and manner for distri bution of state funds, the state board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration; and the state board is authorized to provide for distribution of state funds to local units at such times and in

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such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds appropriated for such purposes are available at such times. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accor dance with such regulations and directions of the state board.
20-2-167. (a) The State Board of Education shall annually compute for each local school system the total funds needed for the categories of direct instructional costs for each program identified in Code Section 20-2162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the to tal funds needed for these categories, the State Board of Education shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for each in structional program for handicapped students shall be summed into one amount for special education. Of the total funds designated for direct in structional costs for each program, a minimum of 90 percent shall be spent on such program, except as modified in this subsection. Each local school system shall spend a minimum of 90 percent of the total system-wide funds designated for each of the media and staff development categories in the category for which the funds were earned. In the event any local school system should fail to encumber at least 90 percent of such funds as in tended, the state board shall increase the local fair share for an ensuing year by the difference between the actual amount encumbered and the 90 percent amount for each underexpenditure. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional materials, or any other appropriate instructional expense.
(b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehen sive information retrieval system and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to the generally accepted gov ernmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, in structional operations, facility maintenance and operation, media center op eration, school administration, system administration, or staff development.
(2) The State Board of Education is authorized to prescribe informa tion that must be submitted to the board and the time it must be submitted. The board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local boards and assisting local units of administration in training personnel in financial and budgetary accounting.

FRIDAY, FEBRUARY 8, 1985

771

(c) The State Board of Education is authorized to prescribe a date by which each local unit must submit a budget to the state board. The regula tions developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit. The state board shall either accept or reject the budget of a local unit.
(d) The standards set forth in this article as such minimum require ments for funds shall be construed as setting out a basic plan for the direc tion of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Educa tion for purposes contained within this article shall be apportioned and dis tributed by the state board in a manner consistent with this article as addi tional aid to local units of administration in defraying the cost involved in establishing and operating approved programs subject to such rules and reg ulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable.
(b) Admission to the instructional programs funded under this article and located in the public elementary and secondary schools of the state shall be free to all eligible children and youths enrolled in such programs.
(c) (1) Except as otherwise provided in this subsection, public elemen tary and secondary schools of this state receiving state aid under this article shall be operated so as to provide that each eligible student has access to no less than 180 school days of education each fiscal year. The State Board of Education shall define the 180 days of education and the length of the school day within each fiscal school year.
(2) In the event that at the end of the last complete week of the school year two or fewer days remain for completion of the regular 180 day school year, a local board of education is not required to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil distur bance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may termi nate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this sub section. Nothing in this paragraph shall be construed to relieve certified per sonnel from their obligations to work the number of days specified in their employment contracts.

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(3) Each fiscal school year shall begin on July 1 and end on June 30 of the following year.
(4) Any provision of this subsection or this article to the contrary not withstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical ma terial, supplies, or fuel, the continued operation of the public schools accord ing to the definitions of school year, school month, or school day is impracti cal or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these defi nitions, and such departure need not be uniform throughout the state, it being the intent of this subsection to allow the continuation of public school education in this state under the unusual conditions described.
(d) The board of education of any local unit of administration may provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including the continuation of one or more in structional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated or coming within the scope of this article, and such other education programs as may be approved by the State Board of Educa tion; provided, however, that all such programs shall meet and be offered in accordance with such standards, requirements, and criteria as may be pre scribed by the state board. Teachers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless specific provisions are made therefor by the state board. The state board is author ized, to the extent that funds may be available, to allot additional state funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional state funds may be allotted local units in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establish ment of any one or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.
(e) (1) It is declared to be a policy of this state that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels, or equivalent age levels, for any instructional program as provided for in Part 3 of this article which meets the following criteria:
(A) That the operation of the program is for 220 official attendance

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days or more constituting four quarters or any plan for year-round operation approved by the state board;
(B) That for a student's first 165 or more days constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and
(C) That the program is offered for all official attendance days in ac cordance with such standards, requirements, and criteria as may be pre scribed by the state board.
(2) The allotment of funds to a local school system under the Quality Basic Education formula pursuant to Code Section 20-2-161 and for cate gorical grants pursuant to Code Section 20-2-164 for any portion of a pro gram of such local school system which is certified by the state board as being operated on a year-round basis under this subsection shall be funded in accordance with the following procedure: add to the average full-time equivalent (FTE) counts for said programs computed pursuant to Code Sec tion 20-2-160 and as is adjusted midyear pursuant to Code Section 20-2-162 the FTE count divided by three for all students who were enrolled not less than 90 official calendar days during the fiscal year in the said program, but who were not enrolled in any instructional program and thereby were not counted in an FTE on one of the three state board designated dates for enrollment count pursuant to Code Section 20-2-160.
(3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementation of this Code section on a state-wide basis or in any particular local school system, state funds shall be made available to all local school systems or to the par ticular local school system as the case may be, for such purpose on the same basis and at the same ratio at which state funds were made available to the local school system in support of the calculated cost of providing a Quality Basic Education Program in a local school system as provided under this article for students enrolled for 180 official attendance days during a fiscal year.
(f) (1) The State Board of Education, from time to time, through study and after consultation with the director of the Purchasing and Sup plies Division of the Department of Administrative Services, representatives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State School Superintendent and the Department of Administrative Services on standard items of school equipment, supplies, or services or other standard expenses, to be designated by the state board, ordinarily needed, procured, or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such

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times as the state board shall prescribe, report the probable annual require ment of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall com pile such requirements and submit a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Ser vices for the purpose of advertising for bids for a uniform state price on such items.
(2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; however, that the Department of Administrative Services shall inform pro spective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bid der as a result of such bidding, and such other information as shall be ap propriate under the circumstances. The Department of Administrative Ser vices shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board. The state board shall promptly forward such information to all local units of administration.
(3) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid therefor to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state-bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess cost paid for such items by the local unit. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the state board, whether or not state-bid prices are ob tained on such items.
Part 5
20-2-180. (a) The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2161. However, local school systems shall have discretion in the use of the funds provided such use meets the requirements of this article. Although the essential educational resources described in this part may serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems shall ex pend such funds as deemed appropriate and necessary to provide the most

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effective instructional programs needed by enrolled students as possible, ex cept as otherwise limited by the provisions of this article and by rules, regu lations, and standards promulgated by the State Board of Education.
20-2-181. The program weights shall reflect school-wide and systemwide costs which are based upon such elementary, middle, and high school sizes and school system size in terms of FTE counts as to ensure efficient as well as effective provision of all essential and necessary school-wide and sys tem-wide educational services.
20-2-182. (a) The program weights shall reflect sufficient funds to pay at least the beginning salary of all teachers needed to provide essential and necessary classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students. Further, the program weights for the high school programs pursuant to subsection (d) of Code Section 20-2-151 shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(b) The program weights for the kindergarten program, the primary grades program, the remedial compensatory education program, and for all four programs for handicapped students shall reflect sufficient funds to pro vide instructional aides to assist teachers. Further, the base amount and pro gram weight for the middle grades program shall reflect the cost of provid ing teachers with clerical assistance for a limited portion of each school day.
(c) The program weights for the primary and middle grades programs shall reflect sufficient funds to pay at least the beginning salary of specialists qualified for teaching art, music, and physical education to students.
(d) The program weights for the high school programs pursuant to par agraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to pro vide essential and necessary guidance services. Further, the said program weights shall reflect sufficient funds to provide for the development and su pervision of an extended day program during the regular school year or an extended year program, or both, for students assigned to work experience placements and participating in farm and home projects for which they are receiving credit toward high school graduation.
(e) The program weights for the high school laboratory program and the vocational laboratory program shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors.
(0 All program weights shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for re tirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to the enrolled students.
(g) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 of this article the maximum number of students which may be taught by a teacher in an instructional period. The number of students taught by a teacher at any time may not exceed such number unless authorization for a specific larger number is requested

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of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request.
20-2-183. All program weights shall reflect sufficient funds to provide for the maintenance and operation of facilities essential and necessary for housing such instructional programs and essential supportive educational services.
20-2-184. All program weights shall reflect sufficient funds to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, excluding computer hardware and software, as is necessary and essential to support instructional programs authorized under Part 3.
20-2-185. All program weights shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the sala ries of secretaries necessary and essential for the efficient and effective man agement of the instructional and supportive educational programs of an ap propriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in said school.
20-2-186. All program weights shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a school social worker as well as the salaries of secretaries and an accountant necessary and essential for the efficient and effective management of all in structional and supportive educational programs of a base size school system pursuant to Code Section 20-2-181 and to provide for the costs of operating such an administrative office in said school system. Further, the program weights for all special education programs pursuant to Code Section 20-2152 shall reflect sufficient funds to pay the beginning salaries of special edu cation leadership personnel and school psychologists and psychometrists es sential and necessary for the effective operation of such programs in a base size school system.
20-2-187. (a) (1) The State Board of Education shall annually deter mine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to pro vide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administration; and
(C) State incentive pay for satisfactory completion of such training programs.
(2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for said payments to local units of administra tion under this Code section. State funds can be used to supplement federal

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funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children.
(b) The state board is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every pub lic school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further au thorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for costs directly associated with this program. There shall be utilized in the course of instruction the full re sources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c) (1) The State Board of Education shall establish a system of allot ment of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, times an annual base payment. The local unit of administration will determine the salary schedule and personnel poli cies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days times eight hours) for a full-time equivalent school lunch position, times an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded posi tions. The State Board of Education shall annually establish a state per formance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
(3) The local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of adminis tration shall establish the salary schedule for school food and nutrition per sonnel and shall use the base payments to help finance the locally estab lished salary schedule.
20-2-188. (a) The amount of funds needed by a county, area school, or independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors de pendent upon circumstances prevailing in the several local units of adminis-

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tration which affect, in varying ways, the cost of pupil transportation au thorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, including costs for transportation for handicapped children who must travel across county lines or away from their own school district within the state. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instruc tional laboratories, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable pupil transportation costs or cost fac tors for the purpose of allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, authorized to con sider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles trav eled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules there for; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting pupils in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other facts and circumstances as the state board may find to be relevant for the purpose of establishing such schedules and cost fac tors. The state board shall have authority to establish minimum require ments and standards respecting use of funds allotted under this Code section.
(b) The state board shall establish a schedule of uniform minimum sal aries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $350.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or inde pendent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsec tion shall not apply to student or teacher drivers.
(c) If and to the extent that the state board obtains a state-bid price under subsection (f) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units or on any other standard expense in-

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curred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.
(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Code section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported to special programs.
(e) The state board is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circum stances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, re pair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles; and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements, and qualifica tions; provided, however, that the state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses.
(f) The state shall have the authority to allot funds for the transporta tion of all school age children residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
(g) The state board shall adopt policies, procedures, regulations, and other requirements for the transportation and for the payment of all trans portation costs, as described, defined, and authorized in subsections (a) through (e) of this Code section, for all the children with special needs iden tified by the various local units of administration; further, the state board shall allot funds to local units of administration for transportation costs for those children authorized by such local units of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services.
(h) The state board is further directed and authorized to adopt policies and regulations relative to the use of minibuses for the transportation of students with special needs.
(i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of pupil transportation shall be paid to an independent school system only when such funds are requested by the board of education of such independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education

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of the independent school system in its budget prepared pursuant to subsec tion (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Code section or any other provision of this article shall be construed to require the board of education of any independent school system to furnish pupil transporta tion services within such school system.
(j) The amount of funds needed by a local unit of administration dur ing a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The state board shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.
Part 6
Subpart 1
20-2-200. (a) The State Board of Education shall provide, by regula tion, for certifying and classifying all certificated professional personnel em ployed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they shall hold a certifi cate issued by the state board certifying as to their qualifications and classi fication in accordance with such regulations. The state board shall establish such number of classifications of other certificated professional personnel as the state board may find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experi ence and competency of such personnel. The state board is authorized to provide for revoking or denying certificates for good cause after an investi gation is held and notice and hearings are provided the certificate holder. The state board shall define the term 'certificated professional personnel,' as used in this article, and shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' means teachers, principals, superintendents, instructional supervisors, school social workers, media specialists, guidance counselors, and county or re gional librarians.
(b) The State Board of Education shall be authorized to require each applicant to have obtained satisfactory scores on a test battery which as sesses the applicant's broad general knowledge and specific subject matter knowledge essential to performing effectively in the field of certification prior to being granted a renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfac tory proficiency in oral and written communication skills prior to being granted the initial renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfactory on-the-job performance in the applicant's field of certification prior to being granted a renewable certificate.

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(c) The State Board of Education shall have the authority to grant re newable certificates at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom in ternship involving the appropriate teaching field; and
(4) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
(d) The State Board of Education shall have the authority to grant renewable certificates at the five-year level in a teaching field to an appli cant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board;
(2) Has satisfactorily completed a one-year supervised classroom in ternship involving the appropriate teaching field; and
(3) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification.
20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily com pleted a course of five or more quarter hours, approved by the state board, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals, and guid ance counselors in the identification and education of children who have spe cial educational needs, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'chil dren who have special educational needs' means such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teach ers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and in-step raises.

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(b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a sepa rate course in physical education. The content of the course in health educa tion shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol abuse, smoking, and health ed ucation. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated and correlated into the total lifestyle of an individual.
20-2-202. All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. Further, the assessments re garding certification pursuant to subsection (b) of Code Section 20-2-200 are not required of such holders of life certificates; although they may vol untarily submit for such assessments in order to qualify for other provisions as set forth in this article or by state board policy and regulations.
20-2-203. Except for a life certificate pursuant to Code Section 20-2202, all renewable certificates granted by the State Board of Education shall have a validity period of five years.
20-2-204. (a) As used in this Code section, the term:
(1) 'Aide' means a person with less than professional training who takes no independent actions and has no decision-making authority but per forms routine tasks assigned by higher certificated personnel.
(2) 'Licensed personnel' means paraprofessionals and aides.
(3) 'Paraprofessional' means a person with less than professional-level certification who relates in role and in function to a professional and who does a portion of the professional's job or task under the supervision of a professional and who have some decision-making authority, limited and reg ulated by his relationship with the professional.
(4) 'Permitted personnel' means persons who do not qualify for profes sional certificates but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education.
(b) The state board shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, techni cal, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying certificates or licenses for good cause after an investigation is conducted and notice and hearing is provided the certificate holder.
Subpart 2
20-2-210. All personnel employed by local units of administration, in-

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eluding elected or appointed local school superintendents, shall have their performance evaluated annually by an appropriately trained supervisor. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies shall have a professional development plan designed to mitigate such defi ciencies as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be one of the assessments during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed neces sary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The State Board of Education, in an effort to facilitate efforts of local units of administration to implement these provisions, shall provide model instru ments, model processes, technical assistance, clearinghouse functions, and such other assistance which may be needed.
20-2-211. (a) All teachers, principals, other certificated professional personnel, and other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the school superintendent of the local unit. Minimum qualifications for employ ment of all school personnel may be prescribed by the State Board of Edu cation unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local school superintendent on behalf of the local board of education.
(b) Any other provisions of this article or any other laws to the con trary notwithstanding, each local board of education shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to every teacher and other professional employee certificated by the State Board of Education on the payroll of the local school system at the beginning of the current school year, except teachers who have resigned or who have been terminated, or notify in writing any such teacher or other certificated professional employee of the intention of not renewing his con tract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or em ployee has been removed in the manner as provided in Code Section 20-2940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local board or superintendent in writing not later than May 1.
(c) Any other provisions of this article or any other laws to the con trary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
20-2-212. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications.

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(b) The State Board of Education shall establish a schedule of mini mum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifica tions of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classification of profes sional personnel required to be certificated; shall provide for increment in creases above the minimum base salary of each classification of such person nel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional per sonnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions having educational entry require ments comparable to the requirements for entry into public school teaching. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The state board is authorized to modify and adjust the minimum salary schedule at such times and in such manner as the state board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this state. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Lo cal units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented.
20-2-213. The State Board of Education is authorized and directed to devise a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding compe tencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and perform ance. The state board shall appoint a task force which is broadly representa tive of all educational interests to advise it concerning the development and implementation of such teacher career ladder program. The state board shall grant, once it has adopted such teacher career ladder program, suffi cient funds to each local unit of administration to pay the salary supple ments of all classroom teachers awarded such supplements under the teacher career ladder program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this Code section.
20-2-214. (a) The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide and schoolwide responsibilities. Such salary supplements shall be based upon an amount per FTE student and the responsibilities of the position. The state board shall have the authority to establish salary supplements for other pub lic education positions as deemed necessary and appropriate. The program

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adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school sys tem to pay all such salary supplements.
(b) The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-213 or shall appoint an additional task force comprised of representa tives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program. The state board shall allocate, once it has adopted such a salary supplement pro gram for certificated nonteaching personnel, sufficient funds to each local unit of administration to pay the salary supplement of all such personnel awarded the said supplements under this state board adopted program. Lo cal school systems shall not apply any portion of the local fair share pursu ant to Code Section 20-2-164 to the grants provided under this subsection.
20-2-215. Classroom aides and paraprofessionals shall have, while per forming assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teach ers or other certified professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teach ers are present and when they are absent for justifiable purposes. Such pur poses shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective im plementation of this Code section.
20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess a valid teaching cer tificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing con tained in this Code section shall prevent the local board or local school su-

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perintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the stu dents provided for by this article.
Part 7
20-2-230. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasona bly necessary or advisable for proper implementation, enforcement, and car rying out of this article and other public school laws or for assuring a more economical and efficient operation of the public schools of this state or any phase of public education in the public schools of this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of school administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all Georgia's children and youth and economy and efficiency in administration and opera tion of public schools and public school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of pub lic education in the public elementary and secondary schools of this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and per formance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in con flict therewith, have the full force and effect of law.
(b) The State Board of Education is authorized, after a reasonable at tempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and opera tions of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organiza tion, administration, or functioning of the department.
20-2-231. The State School Superintendent shall be the executive of ficer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or en forcement of such laws.
20-2-232. All county, independent, and area public school boards in this state, established pursuant to law, shall be local units of administration and local school systems for the purposes of this article, except where other specific provisions are made. The qualifications; manner and time of selec tion, election, or appointment; tenure; state compensation, if provided for; and powers and duties of school superintendents and members of boards of education of the several local units of administration shall be as prescribed

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by law; provided, however, that such school superintendents and members of local boards of education shall comply with, execute, and enforce this article and other school laws and provisions of rules, regulations, policies, and stan dards adopted by the State Board of Education pursuant thereto in order to render the respective local units of administration eligible to receive state funds under this article. Specifically, however, each public school board shall be responsible for ensuring that:
(1) The instructional programs authorized pursuant to Part 3 and the uniformly sequenced core curriculum authorized pursuant to Part 2 are fully and effectively implemented;
(2) Locally adopted and offered enrichment programs, courses, and ac tivities are properly planned, implemented, monitored, and evaluated to en sure the highest quality possible;
(3) The citizens residing within the local school system have full awareness and knowledge relative to the costs, quality, and performance of the system's elementary and secondary schools; and
(4) The local school system has job descriptions for each position held or to be held by certificated professional personnel, has policies relative to the recruitment and selection of such personnel, and does adhere to such recruitment and selection policies. Such policies shall assure nondiscrimination on the basis of sex, race, religion, physical condition, or national origin.
20-2-233. In the event a local unit of administration shall fail to com ply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education; or the terms of any contract with the state board, the state board may, in its discretion, withhold from such local unit all or any part of the state contributed Quality Basic Education Program in Geor gia funds allotted to such local unit under this article until such time as full compliance is made by the local unit. The state board shall, before withhold ing such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld, provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the state board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly spec ify the decision complained of, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole estab lished at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, consid-

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ering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such matter for future proceedings or find ings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section.
Part 8
20-2-240. (a) The State Board of Education shall provide grants to qualified local units of administration for the purpose of improving the effec tiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in con ducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to es tablish a list of educational programs and services for which project propos als will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be re quired to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursu ant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article.
(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or ser vice. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective im provement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational pro gram or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant.
(c) The State Board of Education shall provide grants to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educational program or ser vice has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational pro gram or service sufficiently to warrant the proposed project's cost and such

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other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article.
20-2-241. (a) As used in this Code section, the term:
(1) 'Demonstration school system' means a local school system which is designated by the state board to operate the educational programs or ser vices contained within its improvement plan in accordance with the said plan.
(2) 'Improvement plan' means a document submitted by the local school system which lists educational programs or services which will be im proved, educational goals for the educational programs or services included in the improvement plan, and educational objectives determined from the goals; an assessment which documents the need for the planned improve ments; a course of action for implementing the planned improvements; an evaluation system to determine if the educational objectives included in the improvement plan are being attained; and such other items as the State Board of Education may deem necessary for an effective improvement plan.
(b) The state board shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section;
(2) Annually designate local school systems which meet established state board criteria for being designated or continuing their designation as a demonstration school system;
(3) Suspend the categorical expenditures requirements of this article to the extent deemed necessary for successful implementation of approved im provement plans and authorize the expenditure of state and local funds earned under this article in accordance with improvement plans and budgets which have been reviewed and approved by the state board; and
(4) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration systems to the extent deemed necessary for successful implementation of approved im provement plans.
(c) All policies, rules, and regulations prescribed by the state board pursuant to Code Section 20-2-240 shall apply to this Code section, unless such application is explicitly excluded.
20-2-242. (a) Local school systems shall develop long-term systemwide electronic technology plans which list assessed needs; describe the

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planned phasing in of the computer hardware, software, and related elec tronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated.
(b) The state board shall grant funds to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds granted to any lo cal school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considera tions as deemed necessary by the state board. The amount of local funds required shall be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and re quired as a portion of the costs for other grant programs authorized under this article.
(c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local sys tems, provide staff development training to local systems and regional edu cational service agencies, and perform such other functions as deemed nec essary by the state board.
(d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effec tive utilization of computers and related electronic technology in improve ment of the operations of educational programs and services in the state.
20-2-243. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants. The purpose of such grants shall be to give recognition to public schools and school systems having demonstrated high levels of per formance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographics. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent (FTE) counts of the qualified public schools or local school systems respectively and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under

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this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section.
20-2-244. The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all methods of in struction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstra tions, experimentation, field tests, and such other projects which will sup port, improve, or strengthen the public school system of this state, the qual ity of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is author ized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies inside or outside the state for such purposes.
Part 9
20-2-250. (a) All public school officials and personnel shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff de velopment programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particu larly as it relates to teacher and school effectiveness, and to mitigate the professional deficiencies identified during the process of objective perform ance evaluations.
(b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, re ceive orientation on the educational program objectives of Georgia and in struction and study in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local school board members; the evalua tion of the annual performance of the school superintendent and the local board of education; and such other topics that the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems to be necessary to ensure the effective management and operation of the local units of administration of the state. The Department of Education is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance upon regular or special meetings, as well as reimburse ment of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board member assumes office.
20-2-251. Each program weight computed pursuant to Code Section

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20-2-161 shall reflect an amount of funds that is at least equivalent to onehalf of 1 percent of all professional salaries used in the development of each program weight.
20-2-252. The State Board of Education is authorized and directed to establish the Georgia Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Leadership Academy shall be to provide an extensive and continuing pro gram for public school leadership personnel in order to update and expand their leadership knowledge and skills. The Georgia Leadership Academy shall use such approaches as are deemed necessary to ensure the active par ticipation of public school leadership personnel and their mastery and appli cation of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program.
20-2-253. Each local school system shall develop an annual comprehen sive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual comprehensive staff development plan shall provide for programming designed to address deficiencies of school and sys tem personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effective ness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board.
Part 10
20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is structurally sound and well maintained and which has ade quate space and equipment to meet each student's instructional needs as those needs are defined and required by the 'Quality Basic Education Act.'
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instruc tional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expendi tures which result in the acquisition of fixed assets, existing buildings, im provements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and ini tial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' shall refer to the construction of new build-

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ings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing build ings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equip ment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the gener ality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laborato ries, cafetoriums, media centers, building equipment, building fixtures, fur nishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymna siums, stadiums, and similar facilities used for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Local funds' or 'local unit funds' refers to funds available to local units of administration from sources other than state and federal funds.
(9) 'Local unit' or 'local unit of administration' means any county or independent board of education which administers public elementary and secondary schools.
(10) 'Physical education facility' means any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space nor mally identified to serve only the interscholastic athletic program in which the school may participate.
(11) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
(12) 'Required local participation' means the amount of funds which must be contributed by local units of administration from local funds for each construction project.
(13) 'Unhoused students' means those students who are not housed in school facilities which are structurally sound with adequate space as defined by the State Board of Education.
(14) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia.

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(c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educa tional facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and implement the duties of this Code section. The State Board of Education's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inven tory shall include, but not be limited to: parcels of land; number of educa tional facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and tempo rary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory;
(2) To adopt policies, guidelines, and standards for the educational fa cilities survey required of local units. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board, the servicing cooperative educational services agency, and other edu cational centers and agencies servicing the local board; and individuals deemed unacceptable to the local board. The State Board of Education shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; recommendations for improve ments, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The State Board of Education shall approve or reject the recommendations of the sur vey team and shall establish appeal procedures for surveys not accepted;
(3) To adopt policies, guidelines, and standards for educational facili ties construction plans required of local units. Local unit facilities construc tion plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renova tion, and energy retrofitting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other con struction projects needed to house the instructional program required by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and crite ria respecting all location, construction, equipping, operating, maintenance,

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use, and matters pertaining or relating to consolidation of schools and edu cational facilities as may be reasonably necessary to assure effective, effi cient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Board of Education shall adopt policies or standards which shall allow renovation costs up to the amount of new con struction of a replacement facility, provided that the renovated facility pro vides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most re cent life safety codes, facilities which are undergoing renovation, moderniza tion, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil capacity of the facility substantially above the capac ity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facili ties, and providing assistance to local units in developing educational facili ties plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Re sources, census data published by the Bureau of the Census, local unit edu cational facilities and real property inventories, educational facilities surveys, average daily attendance projection research, and educational facil ities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, system atic research approach to average daily attendance projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in average daily attendance but shall be based on average daily attendance which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year ADA average. The survey team will use such pro jections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local unit and shall not count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the pro visions of subsections (f), (g), (h), and (i) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitle ments, allocation of capital outlay funds, advance funding for certain con struction projects, and consolidation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and en-

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gineering drawings and specifications on construction projects for educa tional facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Edu cation in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire mar shal's office and the Department of Human Resources; and
(9) To provide procedures whereby local units may revise their educa tional facilities plans or the priority order of construction projects requested to reflect unforeseen changes which have occurred within three years of the completion of the survey.
(d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commission for the use of facilities of the authority or commission pursuant to a commit ment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quar terly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease contract. The State Board of Education is empowered and directed to withhold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section.
(e) In order to qualify for and receive state capital outlay funds in ac cordance with provisions of subsections (h) and (i) of this Code section, each local unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and real prop erty inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan. The local educational facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identi fied according to the purposes for capital outlay funds as provided in subsec tion (f) of this Code section. Each local unit shall specify the order of im portance of all proposed construction projects. Provisions for unhoused students, whether by new construction, renovations, or additions, shall be the highest priority by any local unit. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construction cost shall be prorated to the partic ipating local units and included with their identification of needs in accor dance with the proportion of the number of students to be served from each local unit;
(3) Complete a comprehensive educational facilities survey at least

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once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program required by this article. Prior to initi ating the survey, the local unit must file a written request with the State Board of Education that a survey be done in its behalf and suggesting the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(4) Submit requests for capital outlay funds and provide required local participation;
(5) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the De partment of Education for review and approval in accordance with provi sions of subsection (c) of this Code section; and
(6) Revise the local educational facilities plan and priority order of re quested construction projects in accordance with provisions of subsection (c) of this Code section.
(f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the follow ing purposes:
(1) To provide construction projects needed because of increased pupil attendance or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new build ings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites;
(2) To provide construction projects to renovate or modernize educa tional facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing edu cational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the instructional pro gram required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal popula tion shifts or changes in attendance zones within the local unit;
(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or reloca tion of existing educational facilities or portions thereof on different sites;
(5) To provide construction projects to combine the total high school pupil populations either in grades 7-12, 8-12, or 9-12 across local unit lines. In such projects, there shall be no requirement to include a vocational wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and

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(6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the purposes of this paragraph unless and until all construction projects identified in its con struction plan for the purposes of paragraphs (1) through (5) of this subsec tion have been completed.
(g) The state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil by the total amount of the state-wide equalized adjusted school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the re quired local participation. A local unit may reduce its required local partici pation by an amount equal to no more than 75 percent of annual debt ser vice payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) Eligible construction projects for consolidations as determined in subsection (f) of this Code section shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
(h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (f) of this Code section and to establish a fair and equitable distribution of funds to local units of administration, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropri ated, calculations shall be made for at least three levels below the $100 million maximum authorization.
(2) In setting the annual authorization level, the State Board of Educa tion shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities' needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annu ally be adjusted downward for projects financed by either state or local funds but shall not be adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (e) of this Code sec tion; and

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(B) The sum of the annual debt service payments for the five-year pe riod of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, adminis trative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (e) of this Code section. Such pay ments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) of this Code section and shall be adjusted upward for the remaining portion of the five-year pe riod for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local unit of administration shall be entitled to a portion of the total authorization set by the State Board of Education annually based on the ratio of that local unit's needs as computed in paragraph (2) of this subsection to the total of all local units' needs. In addition to the annual entitlement, the local unit is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding ex ceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appro priation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by the State Board of Education for a fiscal year shall be that level which is consistent with the appropriations Act for that year.
(i) Local units may receive state capital outlay funds for construction projects under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of pupil population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire or due to natural disaster;
(3) Replacement of educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the De partment of Human Resources;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local par ticipation with said combined annual entitlement and required local partici-

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pation amount estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of high schools across local unit lines when the proposed project cost exceeds the combined annual entitlements of the participating local units. With the exception of category (2) above, the following conditions must be met to qualify for advanced funding:
(A) The local unit has specifically requested funding under this subsec tion prior to submission of the State Board of Education's annual budget to the General Assembly;
(B) Annual entitlements accrued under subsection (h) of this Code sec tion have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units shall be required to offset advanced funding for consolidation projects pursuant to paragraph (5) of subsection (f) of this Code section;
(C) The project to be funded is not in addition to projects funded for a given local unit of administration under the provisions of subsection (h) of this Code section in a given year; and
(D) The required local participation and all other procedural require ments of this Code section are met.
(j) Appropriations for advanced funding under subsection (i) of this Code section shall be made separately from subsection (h) of this Code sec tion for regular entitlements.
20-2-261. (a) The State Board of Education shall establish 'common minimum requirements' which each public school facility must meet in or der to be certified for use in any component of the educational or recrea tional program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and venti lation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suita bility for intended uses.
(b) The state board shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy.
(c) A proposed plan of action which includes a list and description of each deficiency and time limits within such deficiencies are to be corrected must be submitted to the state board for review and approval. Further, the state board shall have the authority to withhold all or part of the state funds in support of this article from any unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board.
Part 11
20-2-270. (a) The state board shall establish a state-wide network of regional educational service agencies for the purposes of providing shared

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801

services which are designed to improve the effectiveness of educational pro grams and services of local school systems and of providing instructional programs directly to selected public school students in the state. The pro grams commonly known as the Georgia Learning Resource System and Psycho-Educational Centers for severely emotionally disturbed students shall be assigned to and operated by the regional education service agencies; provided, however, that any Regional Education Service Agency may elect to contract with a local school system which was acting in fiscal year 1986 as the fiscal agent for a Psycho-Educational Center or Georgia Learning Resource System to continue in that capacity. The shared services to mem ber local school systems may include such services as:
(1) Staff development programming;
(2) Assistance in implementing the uniformly sequenced core curricu lum adopted by the State Board of Education and other curricular improvements;
(3) Assistance in preparing plans or project proposals to be submitted to the state board;
(4) Assistance in improving instructional programs;
(5) Assistance in using computers and other electronic technology; and
(6) Providing shared purchasing, printing, and machine maintenance and repair.
(b) All member and nonmember local school systems shall be provided the services of the Georgia Learning Resource System. The instructional programs provided directly to selected public school students shall include any such program to any such students as may be provided under contract with one or more member local school systems, or as prescribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to pro vide needed educational and training services through local school systems pursuant to Code Section 20-2-151; provided, however, that severely emo tionally disturbed students of all local school systems, member and nonmem ber local school systems alike, shall be provided the instructional and sup port services of the Psycho-Educational program. The regional educational s'RerEvSicAe 'agoern'cRieEsSeAst'sa.b'lished by the state board may legally be referred to as
20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area of this state that contains the entire area for several local school sys tems. To the extent feasible and practical, all such service areas should be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and in terms of such other factors as may be deemed neces sary by the state board; provided, however, that the service area for metro politan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing

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shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which will not be a member of the regional education service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272. (a) Each regional educational service agency shall be gov erned by a board of control which shall have such number of members for such terms of office as prescribed by the State Board of Education, provided that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school system. The state board shall also prescribe for an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Ed ucation applicable to local school systems and local school system boards of education shall be applicable to the agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The state board shall be responsible for determining that the activi ties of each agency and its board of control established under this part con form to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall prepare an annual report to the General Assembly giving an assessment of the status and achievements of the shared service programs in the state.
(d) Boards of control shall determine1 needs of school children in the area served by each agency, establish priorities from those needs, and allo cate resources accordingly. Boards of control shall annually review the pro gress and cost efficiency of the agencies in terms of their success and effi ciency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activi ties of each agency as related to the achievement of locally established objectives. Boards of control shall likewise establish job descriptions, person nel qualifications, salary scales, and work schedules in terms of locally es tablished priorities.
20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the administrative and professional head of the re gional educational service agency. The director shall be responsible for the

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administration of programs and services approved by the board of control and shall be the fiscal officer of the board.
(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those services de sired by the member systems and those individuals necessary to provide the instructional and support services prescribed in Code section 20-2-270 for all local school systems within the service area.
20-2-274. (a) The State Board of Education shall grant sufficient funds to each regional educational service agency to finance its basic operat ing expenses, to provide instructional and support services to students eligi ble for the Psycho-Educational program, to provide services under the Geor gia Learning Resources System to all local school systems in its service area, and to provide instructional and training services to handicapped students pursuant to Code Section 20-2-151. The amount of funds needed by each regional educational service agency to finance its basic operations shall be reflective of the number of member local units of administration and the number of schools and students contained within such member local units. The member local school systems shall collectively contribute one-fourth of the basic cost of operating the regional education service agency network. The amount each member local school system shall contribute shall be based upon its ability to contribute, as determined by the State Board of Education. In making this determination the State Board of Education shall consider the same factors that it uses for determining local fair share as set forth in Code Section 20-2-164. All other financing will be based on con tracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources.
(b) An agency may not receive directly from the state board any state funds originally intended or directed by this article to a local school system; provided, however, that, upon the official request of a local school system, the state board may send directly to an agency any funds allocated to a local school system. All grants from the state along with the contributions from member systems and funds from other sources shall be budgeted by the board of control.
Part 12
20-2-280. The State Board of Education shall adopt a state-wide longterm strategic plan which is reflective of the educational programs and ser vices and other public educational functions which need improvement state wide or in selective areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is re flective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational pro grams and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Edu cation pursuant to Code Section 20-2-282. Such long-term strategic plans of local school systems shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to ad dress the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives deter-

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mined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to deter mine if the educational objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies.
20-2-281. (a) The State Board of Education shall adopt such instru ments, procedures, and policies as it deems necessary to assess the effective ness of the educational programs of the state and shall fund all costs of providing and scoring such instruments. Such assessments shall be made at least once annually in at least one grade level within each of the grade ranges one through five, six through eight, and nine through 12 on a state wide basis. Such assessments shall place emphasis upon reading, writing, mathematics, and problem solving but shall include science and social stud ies. Such assessments shall provide students and their parents with nation ally normed grade equivalencies which result from the administration of standardized tests. Such tests shall be administered at least once during each such grade range, preferably for the highest grade level in each grade range. Further, the state board shall adopt a school readiness assessment which shall be administered to students at least once during their kindergar ten year or during the early portion of their first-grade year in the manner prescribed by the state board.
(b) The state board shall have the authority to condition the promotion of students from one grade to the next or condition the awarding of a high school diploma to a student upon his achieving satisfactory scores on instru ments or tests adopted and administered by the state board pursuant to sub section (a) of this Code section.
20-2-282. (a) (1) The State Board of Education shall supervise a com prehensive evaluation of each public school, local school system, and re gional service agency which shall be done at least once every five years con cerning the following functions to the extent they are deemed by the State Board of Education to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the state board adopted uniformly sequenced core curriculum has been effectively implemented;
(C) The extent of compliance with state laws and state board pre scribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to comparable student bodies in terms of demographics;
(E) The effectiveness of the annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of the student count procedures;

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(G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent of public awareness and information processes; and
(1) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.
(2) Such comprehensive evaluation processes shall include individuals from other such units, college teacher preparation programs, and citizens residing within the respective units; the number and role of such individual being prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be au thorized to require additional evaluations of such units by the Department of Education.
(b) The State Board of Education is authorized to establish regional offices of the Department of Education. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service area of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, school systems, and regional educational service agencies which receive a satisfac tory comprehensive evaluation pursuant to subsection (a) of this Code sec tion as 'standard' schools, school systems, or regional educational service agencies respectively. The State Board of Education shall award a certifi cate of acknowledgement for superior performance to all such units which receive a superior comprehensive evaluation relative to comparable units having comparable student bodies, shall provide such units, including the regional educational service agencies, with grants pursuant to the provisions for incentive awards in Code Section 20-2-243 and shall designate such units as 'exemplary' schools, school systems, or regional educational service agencies, respectively. The state board shall designate all such units which receive an unsatisfactory comprehensive evaluation relative to comparable units as 'nonstandard' schools, school systems, or regional educational ser vice agencies, respectively. The state board shall adopt such criteria as nec essary to determine the status of each unit under the comprehensive evalua tion process.
(d) Each local school system shall annually inform the citizens residing within its area concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The State Board of Education shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluation including a summary of any deficiencies as may have been identified and recommen dations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning

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the results of all state-wide assessment of student achievement; the status of each public school, school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identi fied deficiencies. Copies of such reports shall be made available upon re quest. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operations of public education in this state. The State School Superintendent shall com pile an annual report in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the average cost per pupil of instruction under the public school system; and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the superintendent's office and shall be available for public inspec tion during regular business hours. Copies of the report or portions of the report shall be made available on request.
(e) The State Board of Education shall report to the education com mittees of the Georgia House of Representatives and the Georgia Senate on a quarterly basis as to the progress made on the implementation of this arti cle. The purpose of this report is to keep the General Assembly aware of any problems that may exist with the implementation of the Quality Basic Edu cation Program.
(f) The State Board of Education shall prescribe such policies, proce dures, and instruments as are deemed necessary for the effective implemen tation of this Code section. Further, the state board shall revise state stan dards to the extent necessary to be consistent with this article. State standards, whenever feasible, shall be in terms of level of compliance or quality, rather than in terms of presence or absence of compliance or quality.
20-2-283. (a) All local units of administration which are designated to be nonstandard or which operate one or more public schools so designated shall be required to submit to the state board for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such corrective plans shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated source of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the develop ment and implementation of these corrective plans.
(b) The State Board of Education shall review once every six months the progress of nonstandard local units of administration in implementing state board approved corrective plans. Such reviews shall continue until such corrective plans have been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.

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(c) The State Board of Education shall conduct a comprehensive evalu ation pursuant to Code Section 20-2-282 of all local units which had been designated by the state board as nonstandard. Such evaluation shall be con ducted within two years after the state board has approved their mitigation plan.
(d) (1) In the event the state board finds that any local unit of admin istration is making unsatisfactory progress relative to development or imple mentation of a mitigation plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the following actions:
(A) The state board is authorized to increase the local fair share of such local unit pursuant to Code Section 20-2-164 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies;
(B) The state board is authorized to suspend from performing the offi cial duties of his office any member of the board of a unit of administration or any local school superintendent who the state board has found to be preventing or delaying progress relative to the development or implementa tion of the required mitigation plan, and such suspensions shall continue until such office is vacated or the state board rescinds such action; or
(C) The state board shall have the authority to transfer the control of such local unit of administration to the State School Superintendent or his designee for either a specified period or an unspecified period of time as deemed appropriate under the existing circumstances.
(2) In the event the state board transfers control of such local unit to the State School Superintendent or his designee, the State School Superin tendent or his designee shall have the same authority and powers possessed by the local board. In the event the state board transfers the control of such local unit to the State School Superintendent or his designee for an unspeci fied period of time, full control shall be restored to local officials as provided in law at such time as the state board redesignates the unit as a standard or exemplary unit or the state board deems sufficient progress has been made relative to the development or implementation of the required mitigation plan and that local officials are committed to continue progress to restore such local control.
Part 13
20-2-290. The board of education of any local unit of administration is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants of local school systems, which operate middle school programs which meet the criteria and standards prescribed by the state board. The amount of such grants shall be an additional 13 percent of all funds needed under the Quality Basic Education formula provided for in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent counts for a qualified middle school program.
20-2-291. (a) In the event any local school system is voluntarily con-

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solidated with one or more adjoining local school systems under the provi sions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary consolidation shall not be required to finance any portion of the costs for any new con struction or any renovation of existing facilities qualified under Code Sec tion 20-2-260.
(b) In the event any local school system which has an elementary school which has less than 450 full-time equivalent students, a middle school which has less than 624 full-time equivalent students, or a high school which has less than 485 full-time equivalent students is voluntarily consolidated with another school or a school is constructed to serve the areas of such school and one or more additional schools, provided any such merged school shall serve more students than the respective foregoing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of ex isting facilities.
(c) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater dis tance or time than the maximum travel distance and time prescribed by the state board to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and
(2) Any school facility abandoned as a result of this Code section, to the extent feasible and practical, will still be utilized for an educational purpose.
20-2-292. (a) The State Board of Education shall provide sparsity grants to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and state law. To qualify for the provisions of this Code section, a local school system shall meet the following conditions:
(1) The local system is unable to offer its students or a portion of its students comparable educational programs and services to that which are typically being offered to students of this state under provisions of the Qual ity Basic Education Program authorized in this article with the funds it is provided for this purpose;
(2) The local system would still be unable to offer such comparable educational programs and services to its students or a portion of its students even if schools were merged or the local system is consolidated with an ad joining local system or local systems since the resulting schools would still be smaller than the sizes provided in subsection (b) of Code Section 20-2-291; or such mergers of schools or consolidation of local systems is infeasible since the travel distance or time for a significant portion of the students attending the resulting schools would be greater than the maximum travel distance and time prescribed by the state board; or the consolidation with adjoining local system or local systems was attempted and was rejected by either the officials or the voters of such adjoining local unit or units but such was not the case for this qualifying local system; and

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(3) The State Board of Education has completed a study which:
(A) Concludes that school merger and system consolidation is infeasible;
(B) Identifies all resources which are needed to provide all students with such comparable educational programs and services;
(C) Determines which of these resources could reasonably be funded by the funds otherwise provided under this article and other applicable state law; and
(D) Assigns an initial cost to all such resources needed under subparagraph (B) of this paragraph but not provided for under subparagraph (C) of this paragraph.
(b) A local system shall no longer be qualified for the provisions of this Code section if the State Board of Education has not completed such a study within five years, the local system has rejected an opportunity to con solidate with another local system, or the local system is being provided suf ficient funds under other provisions of this article and other state law as may apply to provide such comparable educational programs and services to all its students. The grants provided under the provisions of this Code section shall be adjusted annually and comparably to the increases in the Quality Basic Education formula provided for in Code Section 20-2-161 in the man ner prescribed by the state board. The state board shall prescribe such poli cies, regulations, procedures, and criteria as it deems necessary for the effec tive implementation of this Code section.
(c) All local systems receiving funds during fiscal year 1986 under a grant commonly titled 'isolated schools' shall continue to receive such grant, adjusted annually as provided in subsection (a) of this Code section, through the end of the fiscal year that the State Board of Education has completed the study provided in subsection (a) of this Code section.
Part 14
20-2-300. (a) The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools including but not limited to youth camps and food-processing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotments of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the state board may, in its discretion, find necessary or desirable to implement on a state-wide basis. Local units may, prior to implementation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, upon imple mentation of such programs, establish a uniform basis for allotment of addi tional funds if such additional allotments are necessary for operation of such programs.
(b) The state board shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind established

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by the state board. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the state board.
(c) (1) The State Board of Education shall annually determine the cost of operating and maintaining the state-wide network of public school educational television stations, the state-wide cost of programming, and the state-wide cost of production and purchase of video tapes and other materi als used in the state-wide public school educational television program. Such sfate-wide costs as determined by the state board shall be paid entirely from state funds and shall not be considered in determining the share of local units of administration of the cost of supporting the Quality Basic Education Program.
(2) The state board shall develop a comprehensive plan for carrying out the purposes of this subsection. Such plan shall include, but not be lim ited to, reviewing the utilization of educational television for both instruc tional and public broadcasting purposes, the expansion of service, and the purchase and construction of facilities or equipment.
(3) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in paragraphs (1) and (2) of this subsection and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission.
(d) (1) The State Board of Education shall maintain an adult general education program within the state. This program shall provide instruction in basic skills and subjects to individuals 1 8 years of age and older who have left school and who have less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of a general educational development (GED) equivalency di ploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way be interpreted to pro hibit a student who withdrew from school prior to graduation due to mar riage, pregnancy, childbirth, or complications thereof from enrolling in the regular general education program upon proper petition as provided in Code Section 20-2-150.
(2) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education pro grams and activities as well as to execute their assigned duties and responsi bilities related to adult education.
(3) The state board is authorized to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult educa-

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tion. The state board shall establish policies, regulations, and standards re lating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be oper ated in accordance with the state board policies, regulations, and standards. Any other Code section of this article notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult gen eral education for eligible individuals.
(e) (1) The State Board of Education shall maintain a comprehensive program of career, occupational, and vocational education for adults and out-of-school youths. The purpose of this program shall be to provide occu pational training and retraining to meet the needs of individual citizens and the manpower needs of business and industry within the state. This program shall be designed to prepare individuals for gainful employment, including homemaking, as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations and to prepare individuals for enrollment in advanced technical education pro grams. This program shall provide for vocational guidance and counseling, instruction related to the occupation or occupations for which the student is in training, and instruction necessary for students to benefit from such train ing. Activities related thereto may include, but shall not be limited to, job placement and follow-up; leadership development; staff travel; student trans portation; staff training and development; research, development, and dem onstration; and special programs for the handicapped, disadvantaged, and gifted.
(2) Any other Code section of this article notwithstanding, the state board shall annually determine the amount of funds needed to provide ca reer, occupational, and vocational education programs for adults and out-ofschool youths and shall annually request the General Assembly to make such appropriations as are needed. The state board is authorized as the sole state agency to receive federal funds allotted to Georgia under acts of Con gress appropriating federal funds for career, occupational, or vocational education.
(3) Any other Code section of this article notwithstanding, the state board is authorized to provide funds to local units of administration and to other state and local agencies to be used for career, occupational, and voca tional education programs.
(4) Any other Code section of this article notwithstanding, the state board may adopt such salary and salary supplement schedules deemed nec essary to carry out paragraph (3) of this subsection and shall establish poli cies, regulations, and standards relating to and necessary for the implemen tation of this subsection.
(5) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate its authority and duties concerning postsecondary vocational education to the Board of Post-Secondary Vocational Education.
(f) (1) The State Board of Education shall annually determine and re-

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quest of the General Assembly the amount of funds needed for county and regional public libraries of the state. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations estab lished by the state board and the state minimum salary schedule for certifi cated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(2) The state board shall further make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equip ment to meet the library needs of the blind and handicapped citizens of this state.
(3) The state board shall further provide the staff, materials, equip ment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(4) The state board is further authorized as the sole agency to receive federal funds allotted to this state under acts of Congress appropriating fed eral funds for public libraries.
(5) The state board shall adopt policies and regulations to implement this subsection.
(g) The state board is authorized to inaugurate a student honors pro gram for pupils in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made ex ceptional academic achievements. Such program may be conducted during summer months between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facilities ade quate to provide challenging opportunities for advanced study and accom plishments by such students. The student honors program shall be imple mented and operated in accordance with criteria to be established by the state board, and operating and pupil costs and expenses may be paid by the Department of Education from funds made available for this purpose by the state board. The state board is authorized to enter into cooperative agree ments with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs.
(h) The State Board of Education is authorized to inaugurate and op erate a residential high school program for highly gifted and talented youths of this state. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one of the state universities or colleges, and from funds provided by the General Assembly for this pur pose. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning

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the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as deemed necessary for the effective operation of this program.
20-2-301. The State Board of Education shall be empowered to form in conjunction with other state agencies certain comprehensive boards as needed to ensure the provision of a Quality Basic Education Program for the students of this state. The Coordinating Committee for Exceptional Individ uals is established which shall consist of a representative of the Governor's office, no less than three representatives of the Department of Education, no less than three representatives of the Department of Human Resources, and no less than three representatives of the Department of Offender Rehabilita tion. At least one of each department's representative shall be from the up per levels of management, and all representatives shall be designated by their respective department head. The committee shall be provided a fulltime staff of at least one professional from the Department of Education and one professional from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and school-system level.
20-2-302. Any public school at the secondary level which provides ac cess to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall pro vide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educa tional and career opportunities available in the military.
20-2-303. Each student in the public schools of this state, upon attain ing the age of 18 years, shall be apprised of his right to register as an elector and to vote in elections upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, as determined by the local unit of administration, shall not exceed one school day.
20-2-304. Each student in the public schools of this state shall be af forded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and man ner for recitation of the Pledge of Allegiance. Such policy shall be estab lished in writing and shall be distributed to each teacher within the school.
20-2-305. Notwithstanding this article and other school laws, the State Board of Education is authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circum stances as may be defined and specified by the state board, be permitted to attend and to be included as an enrolled pupil in the public schools of a local unit of administration immediately adjacent to the local unit of administra-

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tion wherein the pupil resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two adja cent local units and a refusal by the board of education of the local unit wherein the pupil resides to approve voluntarily such transfer of the pupil to the public schools of the adjacent local unit; provided, however, that the board of education of the adjacent local unit is willing to receive and to permit such pupil to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting state funds to follow such pupils, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may con tract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform."
Section 2. Said chapter is further amended by striking Code Sections 20-2-37, 20-2-38, 20-2-56, 20-2-61, 20-2-670, 20-2-671, 20-2-720, 20-2-941, 20-2-1030, 20-2-1031, and 20-2-1032, which read respectively as follows:
"20-2-37. The State School Superintendent shall compile an annual report in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the number of public schools of the various grades; the number of pupils attending such schools, their sex, race, and the branches taught; a statement of the average cost per pupil of instruction under the public school system in each county; a statement of the plans for the management, extension, and improvement of the public schools; a statement of the number of children of school age in the state, with as much accuracy as possible; and a statement of the number of private schools and colleges of the different kinds in the state, the number of pupils in such schools or colleges, their sex, the branches taught, and the average cost of tuition per pupil in such schools and colleges. Such report shall be kept in the Superintendent's office and shall be available for pub lic inspection during regular business hours. Copies of the report or por tions of the report shall be made available on request.
20-2-38. The State School Superintendent shall have the right to require the county school superintendents to make such reports as he may prescribe, and in default of complying as far as may be practicable with this requirement, the county school superintendents shall not be en titled to compensation for their official services. The Superintendent shall also have the right to require a report similar to that mentioned in Code Section 20-2-37 from the chairman of the board of education or the chief executive officer of any public school organization operating under any special law; and until the report is made, such organization shall not re ceive the pro rata share of the state school fund to which it otherwise would be entitled.
20-2-56. It is declared to be the policy of Georgia that all newly elected and newly appointed members of county and other local boards of education should, before or after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the Adequate Pro-

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815

gram for Education in Georgia; responsiveness to the community; and the ethics, duties, and responsibilities of local school board members. The Department of Education is authorized to conduct workshops providing such instruction and study, in cooperation with the Georgia School Boards Association, and to present to each board member completing such workshop instruction and study an appropriate certificate. All county, municipal, independent, and area boards are authorized to pay to such newly elected or newly appointed board members from local funds the same per diem as now or hereafter authorized by local or general law for attendance upon regular or special meetings, as well as reimburse ment of actual expenses for travel, lodging, meals, and registration fees for attendance upon such workshops, either before or after such newly elected or newly appointed board member assumes office.
20-2-61. The board of education of any county or independent school system is authorized if, in its opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its respective systems.
20-2-670. No student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin.
20-2-671. Admissions to all public schools shall be gratuitous to all eligible children residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the public schools of this state, regardless of age, under rules and regulations promulgated by the State Board of Education. The state board is author ized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the state and the veterans desiring to attend the public schools of this state.
20-2-720. (a) Each teacher shall keep an accurate account of the number of pupils entering the schoolroom and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school authorities, or he or she may be provided with forms on which to make daily reports of attendance through the principal to a central records office where accumulated records are maintained.
(b) It shall be the duty of teachers to make and file with school officials designated by the county, independent, or area school superinten dent records of attendance of pupils. Such records shall be compiled in central records offices or in the place designated by the county or inde pendent city system board of education from daily reports of the teach ers, or such records may be maintained in registers or by other means as may be provided for by the State Board of Education.
(c) It shall be unlawful to make the final salary payment to any teacher or for the local school superintendent to audit the accounts of such teacher for his or her services until all required reports have been made and filed.

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20-2-941. When a local school superintendent or local board of edu cation proposes not to renew the contract of any teacher or other profes sional employee certificated by the State Board of Education who was on the payroll and under contract on the beginning day of the current school year, written notification of such intention shall be given to the teacher or other certificated professional employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the employ ment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner previously provided in this part or unless the teacher or certifi cated professional employee elects not to accept such employment by no tifying the local board or superintendent in writing not later than May 1.
20-2-1030. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administra tion. The course may include instruction in alcohol, smoking and health, and drug abuse education and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
20-2-1031. Universities and colleges having teacher preparation pro grams shall require, as a part of teacher preparation requirements, a sep arate course in health education and a separate course in physical educa tion. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol and smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and un derstandings of how physical activity shall be integrated and correlated into the total lifestyle of an individual.
20-2-1032. County, city, and area boards of education may employ supervisors and special teachers of physical education and health educa tion in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may pre scribe. Boards of education of two or more school districts may jointly employ a supervisor or special teacher of health or physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacations as commu nity centers for the promotion of play and other healthful forms of recre ation, under such rules and regulations as they deem proper.",
and inserting in lieu thereof respectively the following:
"20-2-37. Reserved.
20-2-38. Reserved.
20-2-56. Reserved.
20-2-61. Reserved.

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20-2-670. Reserved.
20-2-671. Reserved.
20-2-720. Reserved.
20-2-941. Reserved.
20-2-1030. Reserved.
20-2-1031. Reserved.
20-2-1032. Reserved."
Part II
Section 3. Said chapter is further amended by adding between Article 6 and Article 7 a new Article 6.1 to read as follows:
"ARTICLE 6.1
20-2-320. (a) At three different times during the 1985-86 school year, as designated by the State Board of Education, each local school system shall report enrollment by instructional program for each student to the Department of Education. The instructional programs used for this purpose shall be as follows:
(1) Kindergarten program;
(2) Primary grades program (1-3);
(3) Middle grades program (4-8);
(4) High school general education program (9-12);
(5) High school laboratory program (9-12);
(6) Vocational laboratory program (9-12);
(7) Program for the resourced mildly handicapped;
(8) Program for the resourced moderately handicapped;
(9) Program for the self-contained moderately handicapped;
(10) Program for the self-contained severely handicapped;
(11) Program for the gifted students; and
(12) Remedial compensatory education program.
(b) This enrollment report as provided for in subsection (a) of this Code section shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver edu cation course, a course recognized under this article or by State Board of

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Education policy as an enrichment course, a course which requires par ticipation in an extracurricular activity for which enrollment is on a com petitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objec tives is prepared and retained, or any other course or activity so desig nated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies adopted by the State Board of Education. Nor shall a program be indicated for one or more sixths of the school day if the student is not enrolled for an instructional program or not attending regularly. Nor shall a program be indicated for one or more sixths of the school day if the student is charged either tui tion or fees as a condition of enrollment or participation in the institu tion. The State Board of Education shall adopt such regulations and cri teria as necessary to ensure objective and true counts of students for these instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted as a resident or a nonresident student. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date.
20-2-321. The State Board of Education shall establish a computer ized uniform budget and accounting system as a component of the com prehensive information retrieval system and shall establish uniform regu lations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(1) Instructional program involved;
(2) Whether basic education or enrichment in purpose;
(3) Fund source or sources; and
(4) Major component such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development.
20-2-322. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications.
(b) The State Board of Education shall establish a schedule of mini mum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classi fication of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classifi-

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819

cation of such personnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uni formly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and en tering positions having educational entry requirements comparable to the requirements for entry into public school teaching. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The state board is authorized to modify and adjust the minimum salary schedule at such times and in such manner as the state board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this state. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consider ation the nature of duties to be performed, the responsibility of the posi tion held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being sup plemented. Supplements paid shall, in all other respects, be uniform.
20-2-323. The State Board of Education is authorized and directed to devise by June 30, 1986, a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and implementation of such teacher career ladder program.
20-2-324. The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching per sonnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their re sponsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically ex pected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-323 or shall appoint an additional task force comprised of representatives of appropriate educational inter ests to advise the board concerning the development and implementation of such salary supplement program.
20-2-325. (a) The State Board of Education shall provide grants to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a clus ter of schools, or system wide. The criteria for awarding such grants shall

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include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the po tential to which the project is likely to result in the proposed improve ment, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsec tion. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Ade quate Program of Education in Georgia pursuant to Code Section 20-2223 and required as a portion of the costs for other grant programs au thorized under this article.
(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational pro gram or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or effi ciency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant.
(c) The State Board of Education shall provide grants to qualified local units of administration for the purpose of adopting an effective im provement of an educational program or service. The criteria for award ing such grants shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the pro posed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this chapter. Local units of administration shall be required to expend local funds for a portion of the cost of projects au thorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article.

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821

20-2-326. (a) Local school systems shall develop long-term systemwide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related elec tronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated.
(b) The state board shall grant funds to local systems of administra tion to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development pro grams related to the use and application of computers and related elec tronic technology to educational programs and services. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required shall be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article.
(c) The state board shall evaluate hardware and software, dissemi nate to local systems effective software, provide technical assistance to local systems, provide staff development training to local systems and re gional educational service agencies, and perform such other functions as deemed necessary by the state board.
(d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in im provement of the operations of educational programs and services in the state.
20-2-327. (a) Each municipality having an independent school sys tem and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
(1) The total number of granted state-wide constitutional home stead exemptions for occupied homes pursuant to Code Section 48-5-44;
(2) The total number of granted state-wide constitutional home stead exemptions for disabled veterans pursuant to Code Section 48-5-48; and

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(3) The total amount of tax revenue which has been distributed by said local government to local school systems.
(b) Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue. Further, said local governmental units shall provide such homestead exemptions for calendar year 1984 and tax reve nues for fiscal year 1985 on or before September 15, 1985.
20-2-328. The Department of Revenue shall annually furnish the State Board of Education with the following data for each school system by November 15:
(1) All tax revenues by source for the preceding fiscal year which were distributed for program operation; provided, however, such tax reve nues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems;
(2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Sec tion 48-5-44 for calendar year 1984; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for calendar year 1984.
20-2-329. The Office of Planning and Budget shall furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system for calendar year 1984."
Section 4. (a) Part I of this Act shall become effective on July 1, 1986.
(b) Part II of this Act shall become effective July 1, 1985, but shall stand repealed in its entirety on July 1, 1986.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:

Amend the substitute to SB 82 offered by the Senate Committee on Education by adding on line 3 of Page 19 after the word "indicated" the following:
"for a student".
By striking line 22 through line 28 of Page 19 and inserting in lieu thereof the following:
"Section 20-2-140. Nor shall a program be indicated for a student

FRIDAY, FEBRUARY 8, 1985

823

for one or more sixths of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a program for which tuition and fees, or a combination thereof, do not exceed the aver age locally financed per student cost for the preceding school year, ex cluding the local fair share funds required pursuant to Code Section 202-164. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one-half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The"

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

Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:

Amend the substitute to SB 82 offered by the Senate Committee on Education by striking line 12 through line 21 of Page 24 and inserting in lieu thereof the following:
"(c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274.
(2) Except as provided in paragraph (3) of this subsection, the sums of the most recent equalized adjusted school property tax digests, as shown on the state auditor's ratio study reports, which are due on No vember 15 immediately preceding the beginning of a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
(3) For a local school system whose most recent actual property tax digest approved by the Department of Revenue is at least 5 percent less than the actual property tax digest approved by the Department of Reve nue for the same year as the equalized adjusted school property tax di gest furnished by the state auditor and such reduction is due to more accurate assessments or actual loss in tangible property, or a combination of these two factors, the product of the equalized adjusted school prop erty tax digest furnished by the state auditor multiplied by the ratio that the most recent actual property tax digest approved by the Department of Revenue bears to the actual property tax digest approved by the De partment of Revenue for the same year as the equalized adjusted school property tax digest shall be used to make the calculations required in subsection (a) of this Code section for said system."

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

Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:

Amend the substitute to SB 82 offered by the Senate Committee on Education by striking from line 21 of Page 44 the word "and".
By adding on line 23 of Page 44 after the word "students" the following:
", and the cost of professional development sufficient to allow certi fied personnel to participate in approved professional development activi ties every five years. Such activities shall be in accordance with the an nual local staff development plan pursuant to Code Section 20-2-253".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:

Amend the substitute to SB 82 offered by the Senate Committee on Education by striking from line 6 of page 108 the word "mitigation" and inserting in lieu thereof the word "corrective".
By striking from line 7 of Page 108 the number and symbol "(1)".
By striking from line 10 of Page 108 the word "mitigation" and inserting in lieu thereof the word "corrective".
By striking from line 14 of Page 108 the letter and symbol "(A)" and inserting in lieu thereof the number and symbol "(1)".
By adding on line 19 of Page 108 after the symbol ";" the word "or".
By striking line 20 through line 34 of Page 108 and line 1 through line 19 of Page 109 and inserting in lieu thereof the following:
"(2) The state board is authorized to file a civil action in the supe rior court of the county wherein the school system is located requesting the trial judge to determine whether any member of the board of a local school system or any local superintendent has by his actions or inactions prevented or delayed implementation of the corrective plan. If the judge finds that any board member or local superintendent has prevented or delayed implementation intentionally, then the judge may issue an order requiring the board member or superintendent, or both, to implement the corrective plan. The court shall have the power to appoint a trustee to make sure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out his duties, when supported by the

FRIDAY, FEBRUARY 8, 1985

825

court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustees finds that any board member or superin tendent is violating the order of the court, then the judge may remove such board member or superintendent and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."

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 49, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brantley (excused)

Coleman (excused)

Tysinger

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

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

Senator Barnes of the 33rd moved that SB 82 be immediately transmitted to the House.

On the motion, the yeas were 48, nays 0; the motion prevailed, and SB 82 was immediately transmitted to the House.

Serving as doctor of the day today was Dr. Jimmy Ray of Swainsboro, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 11, and the motion prevailed.

At 11:55 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 11.

MONDAY, FEBRUARY 11, 1985

827

Senate Chamber, Atlanta, Georgia Monday, February 11, 1985 Twentieth Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 8, had been read and found correct.

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

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

Mr. President:

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

HB 2. By Representatives Richardson of the 52nd and Martin of the 60th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special fire and safety hazards, so as to include among such buildings personal care homes and to provide for standards therefor.

HB 5. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for the voluntary transfer of mentally ill, mentally retarded, alcoholic, and drug dependent individuals from private facilities to state-owned or operated facilities.

HB 6. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to change the fees and expenses which hearing officers are paid for certain hearings concerning mentally ill, mentally retarded, and alcoholic or drug dependent individuals.

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HB 8. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.

HB 13. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and quali fications of members.

HB 77. By Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly.

HB 88. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other courts, so as to authorize the Governor to fill temporarily certain vacan cies in certain situations.

HB 172.

By Representatives Triplet! of the 128th, Birdsong of the 104th, Godbee of the 110th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to enact the "Georgia Rail Passenger Authority Law"; to create the Georgia Rail Passenger Authority.

HB 183.

By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, so as to require in civil cases that, if a grant of a new trial is based on the exercise of a judge's discretion, the order shall articulate the reason or reasons for the exercise of such discretion.

HB 190.

By Representatives Sizemore of the 136th, Bray of the 91st, Benefield of the 72nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose

MONDAY, FEBRUARY 11, 1985

829

of taking applications for registration and registering qualified applicants as electors.

HB 194.

By Representatives Redding of the 50th, Holmes of the 28th, Dean of the 29th and others:
A bill to amend Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of prima ries and elections, and to amend Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct and preparation of municipal primaries and elections, so as to prohibit a can didate from contributing funds to defray the cost or a portion of the cost of certain campaign literature.

HB 250.

By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, so as to require such reports by certain per sonnel in ambulatory surgical centers.

HB 255.

By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner.

HB 259.

By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to authorize persons at least 60 years of age who be come teachers to decline membership in the retirement system.

HB 265.

By Representatives Milford of the 13th, Williams of the 6th, Aaron of the 56th and others:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Code Sections 348-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor.

HB 273.

By Representatives Steinberg of the 46th, McKinney of the 35th, Martin of the 26th and others:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family vio-

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lence by a superior court, so as to make unlawful and provide for penal ties for the violation of certain court orders.

HB 274.

By Representatives Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to au thorize the Department of Public Safety to disseminate certain informa tion from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

HB 293.

By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-141 of the Official Code of Georgia Annotated, relating to attempts to defraud the Teachers Retirement Sys tem of Georgia by means of false statements or falsified records, so as to change the crime committed by such actions from a misdemeanor to a felony.

HB 294.

By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-21 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Teachers Retirement System of Georgia, so as to provide for meetings of the Teachers Retire ment System Nominating Committee.

HB 296.

By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-2-333 of the Official Code of Georgia Annotated, relating to attempts to defraud the Employees' Retirement System of Georgia by means of false statements or falsified records, so as to change the crime committed by such actions from misdemeanor to a felony.

HB 346.

By Representatives Thomas of the 69th, Lee of the 70th, Childs of the 53rd and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to provide that no motor vehicle insurance policy which provides coverage for the spouse of the named insured may contain a provision for termination of such cover age as a result of a break in the marital relationship other than divorce or death.

MONDAY, FEBRUARY 11, 1985

831

HB 366.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change certain procedures regarding hearings to commit certain persons sus pected of having contagious tuberculosis; to change to whom and to which hospitals such persons may be committed.

HB 425.

By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-5-42 of the Official Code of Georgia Annotated, relating to provisions which may be included in employer plans under the Joint Municipal Employees Retirement System, so as to provide that provision may be made for benefits for part-time employment.

HB 430.

By Representatives Bolster of the 30th, Adams of the 36th, Wilson of the 20th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide a new Chapter 44, relating to additional redevelopment powers for counties and municipalities.

HB 452.

By Representatives Coleman of the 118th, Home of the 103rd and Jack son of the 9th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limi tations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action.

HB 488.

By Representatives Bishop of the 94th and Dixon of the 151st:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relat ing to alcoholic beverages, so as to clarify what shall be declared as con traband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue requirements.

HB 635.

By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit.

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HB 637.

By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing for an investigator for the office of the district attorney for the Cherokee Judicial Circuit, so as to change the compensation of such investigator; to provide for cost-of-living increases in such compensation.

HB 593.

By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the au thority of Crisp County to issue revenue bonds under certain conditions without an election for electric generation, transmission, and distribution systems.

HB 594.

By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing an increase in the bonded indebtedness of Crisp County for hydro electric power purposes and to building, constructing, equipping, and op erating dams and plants for the manufacture and generation of water power and electric current.

HB 596.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the probate court.

HB 597.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner.

HB 598.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to increase the compensation of said commissioners.

HB 599.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to provide the compensation of the chief magistrate of the Magis trate Court of Troup County.

HB 600.

By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change the compensation of the judge and the solicitor.

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833

HB 603.

By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, formerly the City Court of Reidsville, so as to change the compensation of the judge of the state court.

HB 605.

By Representative Reaves of the 147th:
A bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, so as to change the composition of the municipal governing authority, known as the board of commission ers for the City of Quitman.

HB 606.

By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act reconstituting the membership of the board of education of Jones County, so as to correct an error in the description of the dates of service of the chairman of the board.

HB 608.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the compensation of the chairman and members of the board.

HB 609.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating the office of tax commissioner of White County, so as to change the compensation of the tax commissioner.

HB 611.

By Representative Stancil of the 66th:
A bill to provide for the election of members of the board of education of Morgan County.

HB 616.

By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to authorize the governing authority of Cherokee County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

HB 621.

By Representative Sizemore of the 136th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the City of Ashburn to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting, and encour aging the location of any industries in the City of Ashburn.

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HB 626.

By Representatives Alien of the 127th, Mueller of the 126th, Triplet! of the 128th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the current Recorder's Court of Chatham County and its jurisdiction in incorporated and unincorporated areas of Chatham County.

HB 627.

By Representatives Alien of the 127th, Mueller of the 126th, Triplett of the 128th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to jurisdic tion of the Recorder's Court of Chatham County to take pleas of guilty and nolo contendere and to impose sentence in misdemeanor cases.

HB 628.

By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing a system of public schools for the City of Carrollton, so as to change the provisions relating to the election of members of the board of education.

HB 636.

By Representative Maddox of the 7th:
A bill to amend an Act creating a new charter for the City of Fairmount, Georgia, so as to change the provisions relating to the terms of the mem bers of the city council.

HB 646.

By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act establishing a salary system for the coroner of Glynn County, so as to change the compensation of the coroner.

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

SB 217. By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for notification to the Georgia Bureau of Investigation when an inmate in any correctional institution dies without an attending physi cian or as a result of violence; to change certain procedures in connection with the sudden death of an inmate.
Referred to Committee on Offender Rehabilitation.

SB 218.

By Senator Dawkins of the 45th:
A bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, as amended, so as to authorize the sheriff to appoint such

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835

deputies, clerks, investigators, and other employees as he shall deem nec essary to assist him in discharging the official duties of his office.
Referred to Committee on Urban and County Affairs.

SB 219. By Senator Mine of the 52nd:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are qualified to do so to that of ensuring that the governing body operat ing a treatment program is licensed to do so; to change certain defini tions; to change certain licensure provisions.
Referred to Committee on Human Resources.

SB 220. By Senators Horton of the 17th and Tysinger of the 41st;
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia.
Referred to Committee on Natural Resources.

SB 221. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and Engram of the 34th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Urban and County Affairs.

SB 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist in the funding of juvenile intake workers and juvenile probation officers in counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Children and Youth.

SB 223.

By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Offi cial Code of Georgia Annotated, relating to certain classifications of

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members of the Employees' Retirement System of Georgia, so as to pro vide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system.
Referred to Committee on Retirement.

SB 224. By Senator Timmons of the 11th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and prohibitions relative to mem bership in public retirement or pension systems for persons convicted of certain crimes; to provide for definitions.
Referred to Committee on Retirement.

SB 225. By Senator Timmons of the llth:
A bill to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, so as to revise the provisions of said Code section relative to members of the retirement sys tem in the classified and unclassified service of the State Merit System of Personnel Administration.
Referred to Committee on Retirement.

SR 129. By Senators Starr of the 44th, Holloway of the 12th, Kennedy of the 4th and others:
A resolution urging the Internal Revenue Service of the United States Department of the Treasury to revise certain tax regulations applicable to business employers and employees.
Referred to Committee on Banking and Finance.

SR 130. By Senators Hudgins of the 15th, Allgood of the 22nd, Brannon of the 51st and others:
A resolution relative to Budget Director David Stockman's remarks con cerning the military pension system.
Referred to Committee on Defense and Veterans Affairs.

SR 132. By Senators Horton of the 17th, Engram of the 34th and Allgood of the 22nd:
A resolution to create the Women's Correctional Institution Study Committee.
Referred to Committee on Rules.

MONDAY, FEBRUARY 11, 1985

837

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

HB 2. By Representatives Richardson of the 52nd and Martin of the 60th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special fire and safety hazards, so as to include among such buildings personal care homes and to provide for standards therefor.
Referred to Committee on Public Safety.

HB 5. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for the voluntary transfer of mentally ill, mentally retarded, alcoholic, and drug dependent individuals from private facilities to state-owned or operated facilities.
Referred to Committee on Human Resources.

HB 6. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to change the fees and expenses which hearing officers are paid for certain hearings concerning mentally ill, mentally retarded, and alcoholic or drug dependent individuals.
Referred to Committee on Human Resources.

HB 8. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter.
Referred to Committee on Human Resources.

HB 13. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and quali fications of members.
Referred to Committee on Human Resources.

HB 77. By Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly.
Referred to Committee on Governmental Operations.

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HB 88. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other courts, so as to authorize the Governor to fill temporarily certain vacan cies in certain situations.
Referred to Committee on Judiciary.

HB 172. By Representatives Triplet! of the 128th, Birdsong of the 104th, Godbee of the 110th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to enact the "Georgia Rail Passenger Authority Law"; to create the Georgia Rail Passenger Authority.
Referred to Committee on Transportation.

HB 183. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, so as to require in civil cases that, if a grant of a new trial is based on the exercise of a judge's discretion, the order shall articulate the reason or reasons for the exercise of such discretion.
Referred to Committee on Judiciary.

HB 190. By Representatives Sizemore of the 136th, Bray of the 91st, Benefield of the 72nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose of taking applications for registration and registering qualified applicants as electors.
Referred to Committee on Governmental Operations.

HB 194. By Representatives Redding of the 50th, Holmes of the 28th, Dean of the 29th and others:
A bill to amend Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of prima ries and elections, and to amend Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct and preparation of municipal primaries and elections, so as to prohibit a can didate from contributing funds to defray the cost or a portion of the cost of certain campaign literature.
Referred to Committee on Governmental Operations.

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839

HB 250. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, so as to require such reports by certain per sonnel in ambulatory surgical centers.
Referred to Committee on Human Resources.

HB 255. By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner.
Referred to Committee on Governmental Operations.

HB 259. By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to authorize persons at least 60 years of age who be come teachers to decline membership in the retirement system.
Referred to Committee on Retirement.

HB 265. By Representatives Milford of the 13th, Williams of the 6th, Aaron of the 56th and others:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Code Sections 348-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor.
Referred to Committee on Appropriations.

HB 273. By Representatives Steinberg of the 46th, McKinney of the 35th, Martin of the 26th and others:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family vio lence by a superior court, so as to make unlawful and provide for penal ties for the violation of certain court orders.
Referred to Committee on Judiciary and Constitutional Law.

HB 274.

By Representatives Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to au thorize the Department of Public Safety to disseminate certain informa-

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tion from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.
Referred to Committee on Public Safety.

HB 293. By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-141 of the Official Code of Georgia Annotated, relating to attempts to defraud the Teachers Retirement Sys tem of Georgia by means of false statements or falsified records, so as to change the crime committed by such actions from a misdemeanor to a felony.
Referred to Committee on Retirement.

HB 294. By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-3-21 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Teachers Retirement System of Georgia, so as to provide for meetings of the Teachers Retire ment System Nominating Committee.
Referred to Committee on Retirement.

HB 296. By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-2-333 of the Official Code of Georgia Annotated, relating to attempts to defraud the Employees' Retirement System of Georgia by means of false statements or falsified records, so as to change the crime committed by such actions from a misdemeanor to a felony.
Referred to Committee on Retirement.

HB 346. By Representatives Thomas of the 69th, Lee of the 70th, Childs of the 53rd and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to provide that no motor vehicle insurance policy which provides coverage for the spouse of the named insured may contain a provision for termination of such cover age as a result of a break in the marital relationship other than divorce or death.
Referred to Committee on Judiciary.

HB 366.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change

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841

certain procedures regarding hearings to commit certain persons sus pected of having contagious tuberculosis; to change to whom and to which hospitals such persons may be committed.
Referred to Committee on Human Resources.

HB 425. By Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th and others:
A bill to amend Code Section 47-5-42 of the Official Code of Georgia Annotated, relating to provisions which may be included in employer plans under the Joint Municipal Employees Retirement System, so as to provide that provision may be made for benefits for part-time employment.
Referred to Committee on Retirement.

HB 430. By Representatives Bolster of the 30th, Adams of the 36th, Wilson of the 20th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide a new chapter 44, relating to additional redevelopment powers for counties and municipalities.
Referred to Committee on Urban and County Affairs (General).

HB 452. By Representatives Coleman of the 118th, Home of the 103rd and Jack son of the 9th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limi tations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action.
Referred to Committee on Banking and Finance.

HB 488. By Representatives Bishop of the 94th and Dixon of the 151st:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relat ing to alcoholic beverages, so as to clarify what shall be declared as con traband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue requirements.
Referred to Committee on Consumer Affairs.

HB 635.

By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change

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the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit.
Referred to Committee on Judiciary.

HB 637. By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing for an investigator for the office of the district attorney for the Cherokee Judicial Circuit, so as to change the compensation of such investigator; to provide for cost-of-living increases in such compensation.
Referred to Committee on Judiciary.

HB 593. By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the au thority of Crisp County to issue revenue bonds under certain conditions without an election for electric generation, transmission, and distribution systems.
Referred to Committee on Urban and County Affairs.

HB 594. By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing an increase in the bonded indebtedness of Crisp County for hydro electric power purposes and to building, constructing, equipping, and op erating dams and plants for the manufacture and generation of water power and electric current.
Referred to Committee on Urban and County Affairs.

HB 596. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the probate court.
Referred to Committee on Urban and County Affairs.

HB 597. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner.
Referred to Committee on Urban and County Affairs.

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843

HB 598. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating a Board of Commissioners for Troup County, so as to increase the compensation of said commissioners. Referred to Committee on Urban and County Affairs.
HB 599. By Representatives Ware of the 77th and Milam of the 81st:
A bill to provide the compensation of the chief magistrate of the Magis trate Court of Troup County. Referred to Committee on Urban and County Affairs.
HB 600. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act creating the State Court of Troup County, so as to change the compensation of the judge and the solicitor. Referred to Committee on Urban and County Affairs.
HB 603. By Representative Oliver of the 121st:
A bill to amend an Act creating the State Court of Tattnall County, formerly the City Court of Reidsville, so as to change the compensation of the judge of the state court. Referred to Committee on Urban and County Affairs.
HB 605. By Representative Reaves of the 147th:
A bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, so as to change the composition of the municipal governing authority, known as the board of commission ers for the City of Quitman. Referred to Committee on Urban and County Affairs.
HB 606. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend an Act reconstituting the membership of the board of education of Jones County, so as to correct an error in the description of the dates of service of the chairman of the board. Referred to Committee on Urban and County Affairs.
HB 608. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the compensation of the chairman and members of that board. Referred to Committee on Urban and County Affairs.

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HB 609. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating the office of tax commissioner of White County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 611. By Representative Stancil of the 66th:
A bill to provide for the election of members of the board of education of Morgan County.
Referred to Committee on Urban and County Affairs.

HB 616. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to authorize the governing authority of Cherokee County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.
Referred to Committee on Urban and County Affairs.

HB 621. By Representative Sizemore of the 136th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the City of Ashburn to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting, and encour aging the location of any industries in the City of Ashburn.
Referred to Committee on Urban and County Affairs.

HB 626. By Representatives Alien of the 127th, Mueller of the 126th, Triplet! of the 128th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the current Recorder's Court of Chatham County and its jurisdiction in incorporated and unincorporated areas of Chatham County.
Referred to Committee on Urban and County Affairs.

HB 627. By Representatives Alien of the 127th, Mueller of the 126th, Triplet! of the 128th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to jurisdic tion of the Recorder's Court of Chatham County to take pleas of guilty and nolo contendere and to impose sentence in misdemeanor cases.
Referred to Committee on Urban and County Affairs.

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845

HB 628. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing a system of public schools for the City of Carrollton so as to change the provisions relating to the election of members of the board of education.
Referred to Committee on Urban and County Affairs.

HB 636. By Representative Maddox of the 7th:
A bill to amend an Act creating a new charter for the City of Fairmount, Georgia, so as to change the provisions relating to the terms of the mem bers of the city council.
Referred to Committee on Urban and County Affairs.

HB 646. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to amend an Act establishing a salary system for the coroner of Glynn County, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 164. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources 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 98. Do pass by substitute. HB 35. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

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Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SR 17. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County 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 131. Do pass.
HB 419. Do pass. HB 432. Do pass. HB 433. Do pass. ,, HB,,4,3,4.,-.Do pass. HB 443. Do pass.

HB 503. HB 594. H,.Bn 5,,,0,,8. HB 544. HB 548 -

Do pass. Do pass. ^Do pass. Do pass. Do Pass -

HB 472. Do pass.

HB 551. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 5. By Senator Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, re lating to health, so as to authorize persons who have successfully com pleted an approved educational training program to obtain and adminis ter epinephrine for insect stings; to provide a short title; to provide for purpose; to provide for administration of the program by the Department of Human Resources.

SB 29. By Senators Coverdell of the 40th, Dawkins of the 45th, Bond of the 39th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that persons whose driver's licenses have been suspended for a second time for driving

MONDAY, FEBRUARY 11, 1985

847

under the influence of alcohol or drugs shall, prior to early reinstatement of the license, complete an alcohol or drug abuse assessment and educa tion program.

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to au thorize the Department of Public Safety to disseminate certain informa tion from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

SB 65. By Senators Allgood of the 22nd, Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Part 18 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to redefine certain terms; to define the term "metropolitan statistical area"; to authorize parent banks or branch banks to establish and operate bank offices or bank facilities under cer tain conditions within any county or any metropolitan statistical area.

SB 110. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgements; to provide an effective date.

SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiducia ries, so as to authorize fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.

SB 113. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to authorize the board to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration.

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SB 134. By Senator Hudgins of the 15th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to provide for the inapplicability of certain powers to boards of health of consoli dated city-county governments; to provide an effective date.

SB 140. By Senators McKenzie of the 14th and Turner of the 8th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of 20 years.

SB 148. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the Department of Transportation to award a contract when only one bid has been received on a project.

SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-ref erences; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.

SB 153. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for changes in the definitions provisions relating to mentally ill persons, alcoholics, drug dependent per sons, and drug abusers.

SB 165. By Senators Kennedy of the 4th and Howard of the 42nd:
A bill to amend Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, so as to provide that rules and regulations providing for the screening of public school children for scoliosis shall not require prior approval of parents or legal guardians but shall provide advance written notice of the time of screening.

SB 210. By Senator Tolleson of the 32nd:
A bill to amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection, so as to provide that a

MONDAY, FEBRUARY 11, 1985

849

person who enters a cave without the express prior written permission of the owner shall be guilty of a misdemeanor.

SR 92. By Senator Phillips of the 9th:
A resolution proposing an amendment to the Constitution so as to pro vide that certain bonds and other obligations to finance and provide pub lic facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be re quired to be approved by the voters of those political subdivisions; to pro vide for the submission of this amendment for ratification or rejection.

SR 93. By Senator Scott of the 2nd:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.

SR 96. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

SR 102.

By Senators Bryant of the 3rd, Reddish of the 6th and Perry of the 7th:
A resolution authorizing the conveyance of certain state-owned real prop erty located on St. Simons Island, Glynn County, Georgia, to the Glynn County Board of Commissioners and the acceptance of certain real prop erty from the Glynn County Board of Commissioners located in Glynn County, Georgia, in consideration therefor; authorizing the lease of the real property acquired in the exchange of property with Glynn County to the United States of America.

SR 106.

By Senator English of the 21st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners; to provide an effective date.

HB 3. By Representative Richardson of the 52nd:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord dis abled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons.

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HB 32. By Representative Long of the 142nd:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Offi cial Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title.

HB 96. By Representatives Walker of the 115th, Rainey of the 135th and Godbee of the 110th:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, so as to authorize the department to develop and issue an official waterfowl stamp for the State of Georgia.

HB 112.

By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.

HB 132.

By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to provide that it shall not be necessary for certain applications for certificates of title to show the previous owner.

HB 133.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificate so as to au thorize certain county tag agents to issue replacement registration certificates.

HB 153.

By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A bill 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.

HB 160.

By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, re lating to conservation and natural resources, so as to provide that the commissioner of natural resources may delegate his power to serve on certain associations, authorities, committees, boards, or other bodies.

MONDAY, FEBRUARY 11, 1985

851

HB 168.

By Representatives Phillips of the 120th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Manage ment Act," so as to change the definitions of the terms "hazardous waste" and "solid waste"; to define the terms "organization," "serious bodily injury," "hazardous constituent," and "land disposal"; to author ize the Board of Natural Resources to promulgate rules and regulations dealing with the use and disposition of hazardous waste.

HB 220.

By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to make it unlawful knowingly to sell, transfer, or convey any motor vehicle which was not manufactured to comply with certain federal emission and safety standards unless and until such motor vehicle is certified as complying with such applicable standards.

HB 221.

By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to provide that the State reve nue commissioner and the Department of Revenue shall not issue a cer tificate of registration and shall not issue a certificate of title to any motor vehicle which was not manufactured to comply with any federal emission and safety standards applicable to new motor vehicles.

HR 21. By Representative Colbert of the 23rd:
A resolution authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge.

HR 24. By Representatives Birdsong of the 104th, Groover of the 99th, Walker of the 115th and others:
A resolution designating the Walter A. Scott Memorial Bridge.

HR 52. By Representatives Argo of the 68th, Stancil of the 66th, Copeland of the 106th and others:
A resolution designating the Antebellum Trail.

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

Albert Allgood

Baldwin Barker

Barnes Bond

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Bowen Brannon Brantley
Broun of 46th Brown of 47th
Ty anl Cobb" Coverdell Dawkins rj ea i Dean English Engram Fincher Foster

Gillis Greene Harris
Harrison Hine
Holloway Hort0n "u^!"s Kenned y Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Ray
Reddish Scott of 2nd
Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Coleman (excused) Garner

Howard

Hudgins

Senator Gillis of the 20th introduced the chaplain of the day, Reverend Thomas M. Byerly, paster of the First Baptist Church, Soperton, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 131. By Senator Howard of the 42nd: A resolution commemorating John Ross.

SR 133.

By Senators Greene of the 26th, Baldwin of the 29th, Barnes of the 33rd and McKenzie of the 14th:
A resolution proclaiming February 14, 1985, as Independent Insurance Agent's Day at the state capitol.

SR 136. By Senators Timmons of the 11th, Kennedy of the 4th, Holloway of the 12th and McKenzie of the 14th:
A resolution commending Honorable Robert S. Boney.

Senator McKenzie of the 14th introduced Honorable Robert S. Boney, Warden at the Lee Correctional Institution, who briefly addressed the Senate.

Senator Hine of the 52nd moved that the following bill of the House be withdrawn

MONDAY, FEBRUARY 11, 1985

853

from the Senate Committee on Interstate Cooperation and committed to the Senate Committee on Human Resources:

HB 199.

By Representative Bishop of the 94th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative ar rangements with other states.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 199 was withdrawn from the Senate Committee on Interstate Cooperation and committed to the Senate Committee on Human Resources.

The following local, uncontested bills of the House, favorably reported by the com mittee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Monday, February 11, 1985
TWENTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 86 Barker, 18th City of Perry Houston County
Amends an Act to reincorporate and provide a new charter for city; spec ify residency requirements for the city's mayor and council members.

*HB 87

Barker, 18th City of Perry Houston County
To reincorporate and provide a new charter; provides that additional compensation may be provided for council member who serves as mayor pro tempore. (AMENDMENT)

HB 342 Timmons, llth City of Pelham Mitchell County
To continue in force and effect as a part of the amendment which relates to the imposition of a local sales and use tax for the benefit of the Mitch ell County School District and the Pelham Independent School District.

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JOURNAL OF THE SENATE

The amendment to the following bill was put upon its adoption:

*HB 87:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 87 by adding on line 31 of Page 6 after the following:
"clerk",
the following: ", or with the mayor in the event the city clerk and city manager are
the same person,".

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 bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 11, 1985

855

Those not voting were Senators:

Brannon Coleman (excused)

Hudgins

Scott of 36th

On the passage of all the local bills, the yeas were 52, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 87, having received the requisite constitutional majority, were passed.

HB 87, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

SENATE RULES CALENDAR
Monday, February 11, 1985
TWENTIETH LEGISLATIVE DAY
SB 91 Public Works Contracts -- provide for progress payments (SUBSTI TUTE) (I&L -- 37th)
SB 108 Gasoline Refiner, Producer -- prohibit operating retail service station (SUBSTITUTE) (AMENDMENT) (I&L -- 25th)
SB 125 Civil Actions -- remove certain prohibitions on insurance coverage suggestion (SUBSTITUTES) (AMENDMENT) (Ins -- 49th)
SB 129 Plea of Insanity -- provide for evidence of sanity or insanity (SUB STITUTE) (AMENDMENT) (Off R -- 10th)
SB 139 Nursing Homes -- use of premises as barbershop and beauty shop (Hum R -- 34th)
SB 146 Human Body or Parts -- unlawful to buy or sell (Hum R -- 9th)
SB 157 Youthful Offender Act -- change and delete certain terms (Off R -- 4th)
SR 12 Cities, Counties -- authorize to incur short-term debt certain per centage of property value (SUBSTITUTE) (U&CA G --14th)
SR 79 University System Laboratory, Equipment and Eminent Scholars En dowment Study Committee -- create (H Ed -- 46th)
SR 81 Automobile Insurance Rewarding Young, Safe Drivers -- encourage (Ins -- 40th)
HB 111 Secretary of the Senate and Clerk of the House -- fees charged for bill distribution (Judy -- 49th)

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SB 42 Fire Service Organization Representative -- prohibit false represen tation (Pub Saf -- 26th)
SB 53 Policeman, Fireman, Prison Guard Killed on Duty -- indemnifica tion application (SUBSTITUTE) (Pub Saf-- 10th)
SB 78 Legal Advertisements -- rates allowed publishers (J&CL -- 33rd)
SB 79 Sexual Exploitation of Children -- visual or print processors report (SUBSTITUTE) (J&CL -- 54th)
SB 119 County Grand Juries -- inspection of public buildings and records (J&CL -- 9th)
SB 154 Board of Cosmetology -- meetings and financial report (AMEND MENT) (Gov Op -- 25th)
SB 155 Building Authority -- security guards known as Building Authority Police (Gov Op -- 25th)
SB 166 Possession of Firearm, Knife During Crimes -- include drug crimes (Judy -- 49th)
SB 168 Fulton County Voter Registration -- authorize post card registration (Gov Op -- 39th)
SB 170 Medical Malpractice -- change provisions on limitations of actions (J&CL -- 26th)
SB 173 Civil Case Order for Trial -- exception for 70 year olds (J&CL -- 48th)
SB 186 Northeastern Judicial Circuit -- create new third judgeship (Judy -- 49th)
SR 47 Public Initiative -- provide (SUBSTITUTE) (Gov Op -- 55th)
SR 91 Right Whale -- designate as official state marine mammal (Gov Op -- 5th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

SB 91. By Senators Harrison of the 37th, Hudgins of the 15th, Barnes of the 33rd and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site.

MONDAY, FEBRUARY 11, 1985

857

The Senate Committee on Industry and Labor offered the following substitute to SB 91:

A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions af fecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site; to provide for limitations upon amounts to be retained by the owner on con tractors and amounts to be retained by the contractor on subcontractors and by subcontractors on lower tier subcontractors in certain contracts involving the state, its departments, institutions, agencies, political subdivisions, boards of education, and authorities and in certain subcontracts relating thereto; to provide for exceptions; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, is amended by adding at the end of said article a new Code section, to be designated as Code Section 13-10-2, to read as follows:
"13-10-2. (a) As used in this Code section, the term:
(1) 'Contractor' means a person having a direct contract with the owner.
(2) 'Lower tier subcontractor' means a person other than a contrac tor having a direct contract with a subcontractor.
(3) 'Owner' means the state, any county, municipal corporation, au thority, board of education, or other public board, public body, depart ment, agency, instrumentality, or political subdivision of the state.
(4) 'Owner's authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project.
(5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor.
(b) In any contract for the performance of any construction project entered into on or after July 1, 1985, with an owner, as defined in para graph (3) of subsection (a) of this Code section, such contract shall pro vide for the following:
(1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract docu-

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JOURNAL OF THE SENATE

ments plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and at the owner's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owner's authorized contract representative when allowed by the contract documents, less retainage; and
(2) (A) Retainage to a maximum of 10 percent of each progress payment; provided, however, that, when 50 percent of the contract value including change orders and other additions to the contract value pro vided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owner's authorized contract representative, the owner shall withhold no more retainage.
(B) If, after discontinuing the retention, the owner's authorized con tract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly.
(C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owner's authorized contract representative determines the work to be rea sonably satisfactory, the owner shall within 30 days after appropriate documentation is provided pay the retainage to the contractor. If at that time there are any remaining uncompleted minor items, an amount equal to 200 percent of the value of each item as determined by the owner's authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the con tractor and subcontractors as their interests may appear.
(D) The contractor shall, within ten days from the contractor's re ceipt of retainage from the owner, pass through payments to subcontrac tors and shall reduce each subcontractor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of each subcontractor's work complete and in place equals 50 per cent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontrac tor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility for incomplete work as the contractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond.
(E) The subcontractor shall, within ten days from the subcontrac tor's receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the contractor, provided that the value of each lower tier subcontrac tor's work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the sub contract value and provided, further, that the work of the lower tier sub contractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of con tinued performance and financial responsibility for incomplete work as

MONDAY, FEBRUARY 11, 1985

859

the subcontractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond.
(c) This Code section shall not apply to:
(1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or high ways in this state or purposes incidental thereto;
(2) Any contracts relating to the installation, extension, improve ments, maintenance, or repair of any water or sewer facility; or
(3) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration.
(d) Contract and subcontract provisions inconsistent with the bene fits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only.
(e) Nothing shall preclude a payor under this Code section, prior to making a payment, from requiring the payee to submit satisfactory evi dence that all payrolls, material bills, and other indebtedness connected with the work have been paid."
Section 2. 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

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JOURNAL OF THE SENATE

Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused) Fincher

Hudgins Timmons

Walker

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 Scott of the 36th introduced the doctor of the day, Dr. Bill Grist, of At lanta, Georgia.

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

SB 108. By Senator Kidd of the 25th:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing prac tices, 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.

The Senate Committee on Industry and Labor offered the following substitute to SB 108:

A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain practices in connection with the sale of octane or cetane rated fuels for use in the propulsion of motor vehicles; to provide for a short title; to provide for definitions; to provide that certain transfer prices shall be deemed to be reasonable under certain circumstances; to provide for the method of calculating cost; to prohibit the sale of certain products at a price below cost; to prohibit certain discrimination in prices; to prohibit cer tain practices; to provide for exceptions; to provide for actions; to provide for

MONDAY, FEBRUARY 11, 1985

861

injunctions and temporary restraining orders; to provide for damages; to provide for practices, procedures, and limitations on certain actions; to pro vide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, is amended by adding, following Article 9, a new Article 9A to read as follows:
"ARTICLE 9A
10-1-250. This article may be cited as the 'Below Cost Sales Act.'
10-1-251. As used in this article, the term:
(1) 'Person' means an individual, partnership, association, corpora tion, joint-stock company, or business trust.
(2) 'Product' means octane or cetane rated fuels for use in the pro pulsion of motor vehicles.
(3) 'Purchase' includes any acceptance or receipt of product by a person from a related entity.
(4) 'Related entity' of a person means any person who, directly or through an affiliated person, holds more than 50 percent of the assets or voting securities of such person.
(5) 'Sale' or 'to sell' includes any transfer or delivery of product to a person from a related entity.
10-1-252. For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the price that such related entity contemporaneously charges unre lated persons at the same level of distribution and in the same geographic area as the person for a similar volume of product of like grade and quality or (2) if it is determined pursuant to reasonable, customary, and functional account procedures.
10-1-253. For the purposes of this article, 'cost' shall be computed as follows:
(1) (A) When product is purchased by a person from an indepen dent entity, the lowest invoice cost to the person from the independent entity for product of like grade and quality within 15 days prior to the date of resale of the product by the person; or
(B) When product is purchased by a person from a related entity, the lowest transfer price charged to the person for product of like grade and quality within 15 days prior to the date of resale of the product by the person, provided that the transfer price is reasonable; or
(C) If neither subparagraph (A) nor (B) of this paragraph applies, the lowest posted or published wholesale price of all sellers of product of

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JOURNAL OF THE SENATE

like grade and quality normally serving the geographic area in which the person is located during the 15 days prior to the date of resale of the product by the person; plus
(2) A reasonable cost of doing business as determined pursuant to the reasonable, customary, and functional accounting procedures of the person; plus
(3) Freight charges and any credit against federal or state motor fuel or sales tax not already included in the invoice cost, transfer price, or lowest posted or published wholesale price of the product; less
(4) All trade discounts, allowances, or rebates actually granted to the person on the product.
10-1-254. (a) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, either directly or indirectly:
(1) To sell product below cost; or
(2) To discriminate in prices between different purchasers of prod uct of like grade and quality, where either or any of the purchases in volved in such discrimination is in commerce in this state,
and where the effect of such below-cost sale or discrimination may be substantially to lessen competition or tend to create a monopoly, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such below-cost sale or discrimina tion, or with customers of either of them. Nothing contained in this Code section shall prevent differentials which make only a due allowance for differences in the cost of refining, sale, or delivery resulting from the dif fering methods or quantities in which such product is sold or delivered to such purchasers. Nothing contained in this Code section shall prevent persons from selecting their own customers in bona fide transactions and not in restraint of trade. Nothing contained in this Code section shall prevent price changes, from time to time, which are in response to chang ing conditions affecting the market for or the marketability of product of the grade and quality concerned, such as, but not limited to, imperfect or damaged product, obsolescence of product, distress sales under court pro cess, or sales in good faith in discontinuance of business at a particular location or with respect to the product itself.
(b) Upon proof being made in any action to enforce this article that there has been a below-cost sale or discrimination, the burden of rebut ting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this article. Nothing con tained in this article shall prevent a seller from rebutting the prima-facie case thus made by showing that such seller's below-cost sale or lower price or the furnishing of services or facilities to any purchaser or pur chasers was made in good faith to meet an equally low price of a competitor.
(c) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, to pay, grant,

MONDAY, FEBRUARY 11, 1985

863

receive, or accept any thing of value as a commission or other compensa tion, or any allowance or discount in lieu thereof, except for services ren dered in connection with the sale or purchase of product, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf of or is subject to the direct or indirect control of any party to such transaction other than the person by whom such compensation is granted or paid.
(d) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state to pay or contract for the payment of any thing of value to or for the benefit of a customer of such person in the course of such sales as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of product refined, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such product.
(e) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, to discriminate in favor of one purchaser against another purchaser or purchasers of prod uct bought for resale, with or without processing, by contracting to fur nish, furnishing, or contributing to the furnishing of any services or facil ities connected with the processing, handling, sale, or offering for sale of such produce so purchased upon terms not accorded to all purchasers on proportionally equal terms.
(f) It shall be unlawful for any person engaged in the sale of octane or cetane fuels in this state, in the course of such sales, knowingly to induce or receive a below-cost or discriminatory price which is prohibited by this article.
10-1-255. (a) Any person who sustains or is threatened with com petitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the de fendant to enjoin such violation. Superior courts of this state shall have authority to grant temporary restraining orders within their discretion and permanent injunctions upon proof of a prima-facie case of violation of this article.
(b) In addition to the action provided in subsection (a) of this Code section, any person who sustains a competitive injury by reason of a vio lation of this article may maintain an action in any court of this state having jurisdiction over the defendant to recover the actual, exemplary, or special damages sustained thereby, including, but not limited to, rea sonable attorneys' fees and costs of litigation. No other damages of any kind shall be available in such an action, including, without limitation, punitive damages.
(c) A claim for damages for violation of this article may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law. It is the in tention of the General Assembly that this prohibition against class ac-

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JOURNAL OF THE SENATE

tions is an integral substantive provision of this article, and that its unenforceability for any reason in any action shall preclude the recovery of damages in such action.
(d) At any time subsequent to the filing of an action for damages under this article, and prior to any award of such damages, the defen dant may make a written tender of settlement to the complaining person. If the complaining person is awarded no damages or less damages than the amount of the written tender of settlement, the complaining person shall under no circumstances be entitled to recover any costs of the litiga tion, including attorneys' fees, that were incurred after the date of the written tender of settlement. All written tenders of settlement that are made pursuant to this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter.
(e) Any action brought under this article must be brought within two years of the date of the alleged violation. All other actions are for ever barred.
10-1-256. It is the intent of the General Assembly that, in constru ing Code Section 10-1-254, due consideration and great weight be given to the interpretation of the federal courts relating to Section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. Sec tions 13(a)-(f)."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 108 offered by the Senate Committee on Industry and Labor by striking on Page 6, line 3, the word "produce";
and
inserting in lieu thereof the word "product".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment offered by Senator Kidd of the 25th was adopted.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 108 offered by the Senate Committee on Industry and Labor by deleting on Page 6, line 25, the following:
"exemplary,".

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment offered by Senator Dawkins of the 45th was adopted.

MONDAY, FEBRUARY 11, 1985

865

Senators Allgood of the 22nd, Dean of the 31st and Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 108 offered by the Senate Committee on Industry and Labor by striking from lines 23, 24 and 25 on Page 2 the following:
"if it is determined pursuant to reasonable, customary, and func tional account procedures",
and inserting in lieu thereof the following:
"if it is arrived at by including all uniform costs imposed upon pur chasers and all costs incurred in the operation of the retail business as determined pursuant to generally accepted accounting principles".
By striking lines 16 through 19 on Page 3, which read as follows:
"(2) A reasonable cost of doing business as determined pursuant to the reasonable, customary, and functional accounting procedures of the person; plus",
and inserting in lieu thereof the following:
"(2) A reasonable cost of doing business as determined pursuant to generally accepted accounting principles; plus".
By changing the period to a semicolon after the word "product" on line 27 of Page 3 and adding the following:
"provided, however, such trade discounts, allowances, or rebates are received on proportionally equal terms by all other customers competing in the distribution of such products."

Senators Allgood of the 22nd and Dawkins of the 45th offered the following amendment:

Amend the amendment offered by Senators Allgood of the 22nd, Dean of the 31st and Barnes of the 33rd to the substitute to SB 108 offered by the Senate Committee on Industry and Labor by striking on line 10 the following:
"and all costs incurred".

On the adoption of the amendment, the yeas were 41, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senators Allgood of the 22iid ( Dean of the 31st and Barnes of the 33rd to the substitute to SB 108 offered by the Senate Committee on Industry and Labor, the yeas were 40, nays 3, and the amendment was adopted as amended.

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Senators Allgood of the 22nd, Dean of the 31st and Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 108 offered by the Senate Committee on Industry and Labor by changing the period to a semicolon after the word "repealed" on line 28 of Page 7 and adding the following:
"provided, however, nothing contained in this Act shall be construed to repeal any part of Article 9 of Chapter 1 of Title 10, it being the intent of the General Assembly that this Act shall be in addition to said Code sections."
On the adoption of the amendment, the yeas were 37, nays 1, and the amendment offered by Senators Allgood of the 22nd, Dean of the 31st and Barnes of the 33rd was adopted.
On the adoption of the substitute, the yeas were 41, nays 2, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker ar"es B01"1
Bnrawnennon Broun of 46th Brown of 47th Bryant Cobb Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
Gureen e JJ a |TM Holloway Horton Howard Huggins Kennedy Kidd

Land McGill McKenzie Peevy Perry Ray
oRed.d*ishc - j Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Trulock Turner

Those voting in the negative were Senators:

Brantley Burton

Coverdell Harrison

Hine Langford

MONDAY, FEBRUARY .11, 1985

867

Phillips Tate

Tolleson Tysinger

Walker

Not voting were Senators Coleman (excused) and Hudgins.
On the passage of the bill, the yeas were 43, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following 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 463.

By Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd and others:
A bill to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of the state excise taxes im posed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alco hol; and for other purposes.

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

HB 463. By Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd and others:
A bill to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sales, use, or final delivery within this state of all distilled spirits and alcohol. Referred to Committee on Consumer Affairs.
Senator Allgood of the 22nd moved that the Senate stand in recess until 1:45 o'clock P.M., and the motion prevailed.
At 11:53 o'clock A.M., the President announced that the Senate would stand in recess until 1:45 o'clock P.M.
At 1:45 o'clock P.M., the President called the Senate to order.

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

SB 125. By Senator Deal of the 49th:
A bill to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, coun ties, or other political subdivisions of certain motor vehicle insurance, so as to remove certain prohibitions regarding the suggestion of the exis tence of any insurance which covers, in whole or in part, certain judg ments or awards.

The Senate Committee on Insurance offered the following substitute to SB 125:

A BILL
To be entitled an Act to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by munic ipalities, counties, or other political subdivisions of certain motor vehicle in surance, so as to remove certain prohibitions regarding the suggestion of the existence of any insurance which covers, in whole or in part, certain judg ments or awards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-51 of the Official Code of Georgia An notated, relating to authorization of purchase by municipalities, counties, or other political subdivisions of certain motor vehicle insurance, is amended by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) If the verdict rendered by the jury exceeds the limits of the applicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd offered the following substitute to SB 125:

A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that certain insurance shall be for the benefit of and subject to action on such insurance by any person who shall sustain actionable injury or loss protected by such insurance; to provide for liability of such insurers; to re move certain prohibitions regarding the suggestion of the existence of any insurance which covers, in whole or in part, certain judgments or awards; to repeal conflicting laws; and for other purposes.

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869

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia An notated, relating to insurance generally, is amended by striking Code Sec tion 33-24-51, relating to authorization of purchase by municipalities, coun ties, or other political subdivisions of certain motor vehicle insurance, and inserting in lieu thereof a new Code Section 33-24-51 to read as follows:
"33-24-51. (a) A municipal corporation, a county, or any other po litical subdivision of this state is authorized in its discretion to secure and provide insurance to cover liability for damages on account of bodily in jury or death resulting from bodily injury to any person or for damage to property of any person, or for both arising by reason of ownership, main tenance, operation, or use of any motor vehicle by the municipal corpora tion, county, or any other political subdivision of this state under its man agement, control, or supervision, whether in a governmental undertaking or not, and to pay premiums for the insurance coverage.
(b) Whenever a municipal corporation, county, or any other politi cal subdivision of this state shall purchase the insurance authorized by subsection (a) of this Code section to provide liability coverage for the negligence of any duly authorized officer, agent, servant, attorney, or em ployee in the performance of his official duties, its governmental immu nity shall be waived to the extent of the amount of insurance so pur chased. Neither the municipal corporation, county, or political subdivision of this state nor the insuring company shall plead governmen tal immunity as a defense; and the municipal corporation, county, or po litical subdivision of this state or the insuring company may make only those defenses which could be made if the insured were a private person.
(c) The municipal corporation, county, or any other political subdi vision of this state, or the insuring company, shall be liable for negligence as provided in this Code section only for damages suffered while the in surance is in force but in no case in an amount exceeding the limits or the coverage of the insurance policy. Such insurance shall be for the ben efit of and subject to action on such insurance by any person who shall sustain actionable injury or loss protected by such insurance.
(d) If the verdict rendered by the jury exceeds the limits of the ap plicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy.
(e) Premiums on the insurance authorized by subsection (a) of this Code section shall be paid from the general funds of the municipal corpo ration, county, or political subdivision."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Allgood of the 22nd and Barnes of the 33rd offered the following amendment:

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Amend the substitute to SB 125 offered by Senator Allgood of the 22nd by striking on Page 2, subparagraph (c), and inserting in lieu thereof a new subparagraph (c) as follows:
"When insurance is in force as provided for in paragraphs (a) and (b) of this section, any actions arising from the ownership, operation, maintenance or use of an insured motor vehicle may be brought against the political subdivision or the insurer or both. The amount of recovery, if any, shall not exceed the amount of applicable coverage."

On the adoption of the amendment, the yeas were 20, nays 20, and the amend ment offered by Senators Allgood of the 22nd and Barnes of the 33rd to the substitute to SB 125 offered by Senator Allgood of the 22nd was lost.

Senator Allgood of the 22nd moved that the Senate reconsider its action in defeat ing the amendment offered by Senators Allgood of the 22nd and Barnes of the 33rd to the substitute to SB 125 offered by Senator Allgood of the 22nd.

On the motion, the yeas were 15, nays 25; the motion was lost, and the amend ment offered by Senators Allgood of the 22nd and Barnes of the 33rd to the substitute to SB 125 offered by Senator Allgood of the 22nd was not reconsidered.

On the adoption of the substitute offered by the Senate Committee on Insurance, the yeas were 45, nays 0, and the substitute was adopted.

The President ruled that since the substitute to SB 125 offered by the Senate Committee on Insurance was adopted, the substitute offered by Senator Allgood of the 22nd became moot.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard

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871

Hudgins Huggins 5 e " nedy KLaidndd Lang ford McGill McKenzie

Peevy Perry Phillips ,,Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate _Tol..leson Trulock Turner Walker

Voting in the negative was Senator Horton.

Those not voting were Senators:

Coleman (excused)

Timmons

Tysinger

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

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

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

SB 129. By Senators Trulock of the 10th, Garner of the 30th and Allgood of the 22nd:
A bill to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings, so as to provide for evi dence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 129:

A BILL
To be entitled an Act to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings, so as to provide for evidence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for crossexamination of medical witnesses; to provide that a plea of guilty but men tally ill at the time of the crime shall not be accepted until the defendant has undergone an examination and a hearing has been held on the issue of the defendant's mental condition at the time of the offense; to change the provisions relating to the disposition of defendants found guilty but mentally

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ill at the time of a felony; to provide that certain examination reports relat ing to the mental condition of defendants shall be forwarded to the Depart ment of Offender Rehabilitation under certain conditions; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings, is amended by adding be tween Code Sections 17-7-130 and 17-7-131 a new Code Section 17-7-130.1 to read as follows:
"17-7-130.1. At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant's sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or infor mation. When notice of an insanity defense is filed, the court shall ap point at least one psychiatrist or clinical psychologist to examine the de fendant and to testify at the trial. This testimony shall follow the presentation of the evidence for the prosecution and for the defense, in cluding testimony of any medical experts employed by the state or by the defense. The medical witnesses appointed by the court may be cross-ex amined by both the prosecution and the defense, and each side may in troduce evidence in rebuttal to the testimony of such a medical witness."
Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency when crime committed generally, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty;
(B) Not guilty;
(C) Not guilty by reason of insanity at the time of the crime; or
(D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases.
(2) A plea of guilty but mentally ill at the time of the crime shall not be accepted until the defendant has undergone examination by a clinical psychologist or psychiatrist and the court has examined the psy chological or psychiatric reports, held a hearing on the issue of the defen dant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered."
Section 3. Said article is further amended by striking in its entirety subsection (g) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency when crime committed generally, which subsection (g) reads as follows:

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873

"(g) Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but men tally ill at the time of the felony is committed to an appropriate penal facility, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be provided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Reha bilitation and the Department of Human Resources.",
and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) (1) Whenever a defendant is found guilty but mentally ill at the time of a felony or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. A defendant who is found guilty but mentally ill at the time of the felony shall be evaluated by professional staff from the Department of Human Resources after sentencing and prior to trans fer to a Department of Offender Rehabilitation facility. The Board of Human Resources shall develop appropriate rules and regulations for the implementation of such procedures.
(2) If the defendant who is found guilty but mentally ill at the time of the felony is not in need of immediate hospitalization, as indicated by the evaluation, then the defendant shall be committed to an appropriate penal facility and shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiat rically indicated for his mental illness.
(3) If at any time following the defendant's transfer to a penal facil ity it is determined that a transfer to the Department of Human Re sources is psychiatrically indicated for his mental illness, then the defen dant shall be transferred to the Department of Human Resources pursuant to procedures set forth in regulations of the Department of Of fender Rehabilitation and the Department of Human Resources.
(4) If it is determined by the evaluation that the defendant found guilty but mentally ill at the time of the felony is in need of immediate hospitalization, then the defendant shall be transferred by the Depart ment of Offender Rehabilitation to a mental health facility designated by the Department of Human Resources in accordance with rules and regu lations of such departments."
Section 4. Said article is further amended by adding at the end of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency when crime committed generally, a new subsection (i) to read as follows:
"(i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill is made and an examination is made of the

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defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of sub section (b) of this Code section, upon the defendant being found guilty or guilty but mentally ill at the time of the crime, a copy of any such exam ination report shall be forwarded to the Department of Offender Rehabil itation with the official sentencing document."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 129 offered by the Senate Committee on Offender Rehabilitation by adding on Page 3, line 8, after subsection 2, a new subsection to read as follows:
"(3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:
(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this court will maintain cus tody and control of the defendant until the court is satisfied that the defendant is not a danger to himself or to others.
(B) I charge you that should you find the defendant guilty but men tally ill at the time of the crime, the defendant will be given over to the Department of Offender Rehabilitation or the Department of Human Resources, as the mental condition of the defendant may warrant."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment offered by Senator Howard of the 42nd was adopted.

Senator Trulock of the 1 Oth offered the following amendment:

Amend the substitute to SB 129 offered by the Senate Committee on Offender Rehabilitation by striking on line 8, Page 4, the words
"professional staff' and
inserting in its place the words "a psychiatrist or a clinical psychologist".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment offered by Senator Trulock of the 10th was adopted.

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875

On the adoption of the substitute, the yeas were 31, 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:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Allgood Coleman (excused) Holloway

Horton 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 by substitute.

SB 139. By Senator Engram of the 34th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to authorize the use of prem ises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered as barbershops or beauty shops.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Allgood Coleman (excused) Deal

Holloway Horton Howard

Kennedy (presiding) Tysinger

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

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

SB 146. By Senator Phillips of the 9th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide excep tions; to provide a punishment.

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:

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

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Howard Muggins Kidd Land Langford McGill

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

Those not voting were Senators:

Allgood Bowen Coleman (excused)

Holloway Horton Hudgins

Kennedy (presiding) Tate Tysinger

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

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

SB 157. By Senators Kennedy of the 4th and Kidd of the 25th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youth Offender Act of 1972"; to change the definition of a certain term; to delete the definition of a certain term; to delete provi sions relating to the Youthful Offender Division of the Department of Offender Rehabilitation.

The report of the committee, which was favorable to the 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:

Albert Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine Hudgins Huggins Kidd Land Langford McGill

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

Those voting in the negative were Senators:

Dawkins

Deal

Peevy

Those not voting were Senators:

Allgood Bowen Coleman (excused) Harrison

Holloway Horton Howard

Kennedy (presiding) Tate Tysinger

On the passage of the bill, the yeas were 43, nays 3.

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

SR 12. By Senators McKenzie of the 14th, Peevy of the 48th, Harris of the 27th and Scott of the 2nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to grant to counties and municipalities the authority to incur, under conditions specified by general law, certain short-term debt not exceeding one-half of 1 percent of the assessed value of taxable property of those counties and municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section V of Article IX of the Constitution is amended by

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striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state, including but not limited to debt incurred on behalf of any special district, shall never exceed 10 per cent of the assessed value of all taxable property within such county, municipality, or political subdivision.

(b) Except for that debt authorized for counties and municipalities under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without the assent of a majority of the qualified voters of such county, municipal
ity, or political subdivision voting in an election held for that purpose as provided by law.

(c) When authorized under such additional conditions as may be provided by general law, a county or municipality may incur debt, the aggregate of which debt, excluding any debt incurred pursuant to subparagraph (b) of this Paragraph, does not exceed one-half of 1 percent of the assessed value of all taxable property within that county or munici pality provided that the term of any instrument creating that debt does not exceed five years in duration. The amount of debt incurred under this subparagraph shall be included in the total outstanding indebtedness of the county or municipality for purposes of the limitation in subparagraph (a) of this Paragraph. Debt incurred under this subparagraph shall be exempt from the requirements of Paragraph VI of this section.

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

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 General Assembly to grant to counties and municipalities the power to incur, under conditions specified by general law, certain short-term debt not exceeding one-half of 1 percent of the assessed value of taxable property of those counties and municipalities?"

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.

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The Senate Committee on Urban and County Affairs offered the following substi tute to SR 12:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to grant to counties and municipalities the authority to incur, under conditions specified by general law, certain short-term debt of one-quarter of 1 percent to 1 percent of the assessed value of taxable prop erty of those counties and municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section V of Article IX of the Constitution is amended by striking Paragraph I thereof, relating to debt limitations of counties, munici palities, and other political subdivisions, and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state, including but not limited to debt incurred on behalf of any special district, shall never exceed 10 per cent of the assessed value of all taxable property within such county, municipality, or political subdivision.
(b) Except for that debt authorized for counties and municipalities under subparagraph (c) of this Paragraph, no county, municipality, or other political subdivision of this state shall incur any new debt without the assent of a majority of the qualified voters of such county, municipal ity, or political subdivision voting in an election held for that purpose as provided by law.
(c) When authorized under such additional conditions as may be provided by general law, a county or municipality may incur debt, the aggregate of which debt, excluding any debt incurred pursuant to subparagraph (b) of this Paragraph, does not exceed the greater of:
(1) An amount specified by general law for counties having a popu lation less than 7,000 and municipalities having a population less than 5,000 but in no event shall this debt amount exceed 1 percent of the assessed value of all taxable property within the county or municipality incurring that debt; or
(2) One-quarter of 1 percent of the assessed value of all taxable property within that county or municipality.
The term of any instrument creating debt under this subparagraph shall not exceed five years in duration. The amount of debt incurred pursuant to this subparagraph shall be included in the total outstanding indebted ness of the county or municipality for purposes of the limitation in subparagraph (a) of this Paragraph. Debt incurred under this subparagraph shall be exempt from the requirements of Paragraph VI of this section.

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881

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

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 General Assembly to grant to counties and municipalities the power to incur, under conditions specified by general law, certain short-term debt of one-quarter of 1 percent to 1 percent of the assessed value of taxable property of those counties and municipalities?"

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

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

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Huggins

Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh

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Tate Timmons

Tolleson Trulock

Turner Walker

Those not voting were Senators:

Allgood Bowen
Coleman (excused) Harrison

Holloway Horton
Howard Hudgins

Kennedy (presiding) Scott of 2nd Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 79. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, and Eminent Scholars Endowment 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal English Engram Foster Garner Gillis Greene Harris Mine Holloway Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Walker

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Those not voting were Senators:

Coleman (excused) Dean Fincher Harrison

Horton Howard Hudgins

Kennedy (presiding) Stumbaugh Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

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

SR 81. By Senators Coverdell of the 40th and Stumbaugh of the 55th:
A resolution relating to encouraging property and casualty insurers to develop automobile insurance policies rewarding young, safe drivers for not drinking and driving.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Coleman (excused) Dawkins Harrison

Horton Kennedy (presiding) Scott of 2nd

Trulock Tysinger

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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.

HB 111.

By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the provisions relating to fees charged for distribution of bills and other documents.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those not voting were Senators:

Coleman (excused) Fincher Harrison

Horton Kennedy (presiding) Scott of 2nd

Trulock Tysinger

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

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885

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

SB 42. By Senators Greene of the 26th and Harris of the 27th:
A bill to amend Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representative of a peace officer organization, so as to prohibit false representation as a representa tive of a fire service organization; to provide for definitions.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land Langford

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

Those not voting were Senators:

Coleman (excused) Garner Harrison

Horton Kennedy (presiding)

Timmons Tysinger

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

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

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SB 53. By Senators Trulock of the 10th and Turner of the 8th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty, so as to change the time within which certain applications may be filed.

The Senate Committee on Public Safety offered the following substitute to SB 53:

A BILL
To be entitled an Act to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification rel ative to any law enforcement officer, fireman, or prison guard killed or per manently disabled in the line of duty, so as to change the time within which certain applications may be filed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-9-86 of the Official Code of Georgia Anno tated, relating to applications for indemnification relative to any law en forcement officer, fireman, or prison guard killed or permanently disabled in the line of duty, is amended by striking subsections (b) and (c) of said Code section in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) An application for indemnification relative to any law enforce ment officer, fireman, or prison guard killed in the line of duty subse quent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification rela tive to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
(c) An application for indemnification relative to any law enforce ment officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard perma nently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to a permanent disability occur ring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 11, 1985

887

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Burton Coleman (excused) Harrison

Horton Kennedy (presiding) Scott of 2nd

Stumbaugh Tysinger

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

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

SB 78. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, so as to change the amount of the rates so allowed.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Coleman (excused) Harrison Horton

Kennedy (presiding) Stumbaugh

Timmons Tysinger

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

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

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

At 3:30 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 12, 1985

889

Senate Chamber, Atlanta, Georgia Tuesday, February 12, 1985 Twenty-first Legislative Day

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

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

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

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

Mr. President:

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

HB 411.

By Representatives Martin of the 60th, Burruss of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to raise the taxable wage base; to change the definition of the term "wages"; to change the provisions relating to determination of weekly benefit amount; to raise the maximum weekly benefit amount.

HB 412.

By Representatives Martin of the 60th, Williams of the 6th, Milford of the 13th and others:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Em ployment Security Law," so as to change the definition of the term "wages"; to provide that the term "wages" shall not include payments made to or on behalf of an employee for sickness or accident disability, only if the payments are received under a workers' compensation law.

HB 558.

By Representatives Redding of the 50th, Bishop of the 94th, Dixon of the 151st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, gen erally, so as to require counties and municipalities to notify the Depart-

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merit of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law or local ordinance relating to the sale of alcoholic beverages to underage persons.

HB 33. By Representatives Parham of the 105th and Cooper of the 20th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances; to change the listing of dangerous drugs.

HB 592. By Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th and others:
A bill to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the coun ties comprising such circuit.

HB 560. By Representative Royal of the 144th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Mitchell County Development Authority and provisions for its powers, authority, funds, and purposes and procedures connected therewith.

HB 379. By Representatives Lawler of the 20th and Burruss of the 20th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, munici pal elections, nonpartisan municipal primaries, and special elections in municipalities.

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

HR 111. By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with South ern Railway Company concerning certain state owned real property lo cated in Chattanooga, Tennessee.

TUESDAY, FEBRUARY 12, 1985

891

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

HB 465.

By Representative Couch of the 40th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, so as to authorize the recorder's, mayor's, or police court in any municipality authorized to enforce Article 2 of Chapter 8 of Title 40, known as the "Georgia Motor Vehicle Emissions Inspection and Maintenance Act," to have jurisdiction over offenses of operating a re sponsible motor vehicle without a certificate of emission.

HB 239.

By Representatives Coleman of the 118th and Phillips of the 120th:
A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Anno tated, relating to special liens on personalty.

HB 99. By Representative Greer of the 39th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, so as to allow the manufacture, sale, and transportation of such other equipment, devices, or other materials used in lotteries conducted by other states or foreign countries.

HB 69. By Representatives Robinson of the 58th, Johnson of the 72nd and Jack son of the 65th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," so as to change the content of public offering statements.

HB 533.

By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the judge of the Probate Court of Bartow County.

HB 535.

By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County.

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JOURNAL OF THE SENATE

HB 536.

By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County.

HB 537.

By Representatives Pettit of the 19th and Childers of the 15th:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Bartow County.

HB 623.

By Representatives Isakson of the 21st, Johnson of the 21st, Cooper of the 20th and others:
A bill to create a board of elections and registration in Cobb County.

HB 654.

By Representative Evans of the 84th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County, so as to change the compensation provisions relating to the tax commissioner.

HB 656.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.

HB 657.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.

HB 660.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the annual salary of the chief magistrate.

HB 661.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the compensation of the judge of the probate court.

TUESDAY, FEBRUARY 12, 1985

893

HB 662.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the compensation of the sheriff.

HB 663.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Supe rior Court of Rockdale County, so as to change the compensation of the clerk of the superior court.

HB 664.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the compensation of the coroner.

HB 667.

By Representatives Robinson of the 58th, Workman of the 51st, Childs of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, so as to authorize the mayor and council to create the position of city manager and provide for the powers, duties, appointment, qualifi cations, and compensation of the city manager.

HB 671. By Representatives Jamieson of the llth and Dover of the llth: A bill to continue and re-create the State Court of Stephens County.

HB 672.

By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Walker County Development Authority and the powers and func tions of the authority.

HB 673.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which merged the Coweta County school system and the independent school system of the City of Newnan.

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JOURNAL OF THE SENATE

HB 674.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Coweta County Development Authority.

HB 675.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized Coweta County to establish water, sanitation, sewerage, and fire protec tion districts.

H B 676.

By Representatives Shepard of the 71 st, Mostiler of the 75th, Bray of the 91st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Coweta County and municipalities located therein to exempt from ad valorem taxation certain tangible personal property.

HB 677.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Education of Coweta County to enter into certain leases, con tracts, and agreements.

HB 680.

By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to create the Douglasville-Douglas County Water and Sewer Au thority, to repeal the existing legislation creating the Douglasville-Doug las County Water Authority.

HB 682.

By Representative Edwards of the 112th:
A bill to create the Schley County Airport Authority; to declare the pur poses and objectives of this Act.

HB 691.

By Representative Dixon of the 151st:
A bill to amend an Act incorporating the City of Kingsland, so as to create the office of city manager.

TUESDAY, FEBRUARY 12, 1985

895

HB 707.

By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill to authorize the governing authority of Dawson County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

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

SB 226. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act changing the compensation of the clerk of supe rior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, as amended, so as to fix the salary of the chief deputy to the sheriff of Cobb County; to provide for the method of selection and term of service of the chief deputy.
Referred to Committee on Urban and County Affairs.

SB 227. By Senator Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, as amended, so as to change the provisions relative to the compensation of the members of the board of education; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 228. By Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to the requirement for audits of local governments, so as to change the provisions relative to the exceptions from the require ment for audits.
Referred to Committee on Urban and County Affairs (General).

SB 229. By Senator Harrison of the 37th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitations on certain municipalities to annex property pursuant to application by 60 percent of landowners and elec tors, so as to change the provisions relative to such limitations on such municipalities; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).

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JOURNAL OF THE SENATE

SB 230. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the provisions relating to the compensation of the chairman and other members of the board of education; to provide an effective date.
Referred to Committee on Urban and County Affairs.

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

HB 33. By Representatives Parham of the 105th and Cooper of the 20th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances; to change the listing of dangerous drugs.
Referred to Committee on Human Resources.

HB 69. By Representatives Robinson of the 58th, Johnson of the 72nd and Jack son of the 65th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," so as to change the content of public offering statements.
Referred to Committee on Economic Development and Tourism.

HB 99. By Representative Greer of the 39th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, so as to allow the manufacture, sale, and transportation of such other equipment, devices, or other materials used in lotteries conducted by other states or foreign countries.
Referred to Committee on Economic Development and Tourism.

HB 239. By Representatives Coleman of the 118th and Phillips of the 120th:
A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Anno tated, relating to special liens on personalty.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 12, 1985

897

HB 379. By Representatives Lawler of the 20th and Burruss of the 20th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, munici pal elections, nonpartisan municipal primaries, and special elections in municipalities.
Referred to Committee on Governmental Operations.

HB 411. By Representatives Martin of the 60th, Burruss of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to raise the taxable wage base; to change the definition of the term "wages"; to change the provisions relating to determination of weekly benefit amount; to raise the maximum weekly benefit amount.
Referred to Committee on Industry and Labor.

HB 412. By Representatives Martin of the 60th, Williams of the 6th, Milford of the 13th and others:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Em ployment Security Law," so as to change the definition of the term "wages"; to provide that the term "wages" shall not include payments made to or on behalf of an employee for sickness or accident disability, only if the payments are received under a workers' compensation law.
Referred to Committee on Industry and Labor.

HB 465. By Representative Couch of the 40th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, so as to authorize the recorder's, mayor's, or police court in any municipality authorized to enforce Article 2 of Chapter 8 of Title 40, known as the "Georgia Motor Vehicle Emissions Inspection and Maintenance Act," to have jurisdiction over offenses of operating a re sponsible motor vehicle without a certificate of emission.
Referred to Committee on Judiciary.

HB 558.

By Representatives Redding of the 50th, Bishop of the 94th, Dixon of the 151st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, gen erally, so as to require counties and municipalities to notify the Depart ment of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law

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JOURNAL OF THE SENATE

or local ordinance relating to the sale of alcoholic beverages to underage persons.
Referred to Committee on Consumer Affairs.

HB 560. By Representatives Ware of the 77th, Lawson of the 9th, Auten of the 156th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change certain fees charged for service of process on foreign, alien, and unauthorized insur ers; to change the fees charged for filing an application for an original certificate of authority and for the issuance of an original certificate of authority.
Referred to Committee on Insurance.

HB 592. By Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th and others:
A bill to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the coun ties comprising such circuit.
Referred to Committee on Judiciary.

HR 111. By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with South ern Railway Company concerning certain state owned real property lo cated in Chattanooga, Tennessee.
Referred to Committee on Public Utilities.

HB 533. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the judge of the Probate Court of Bartow County.
Referred to Committee on Urban and County Affairs.

HB 535. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 12, 1985

899

HB 536. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County.
Referred to Committee on Urban and County Affairs.

HB 537. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Bartow County. Referred to Committee on Urban and County Affairs.

HB 623. By Representatives Isakson of the 21st, Johnson of the 21st, Cooper of the 20th and others:
A bill to create a board of elections and registration in Cobb County.
Referred to Committee on Urban and County Affairs.

HB 654. By Representative Evans of the 84th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County, so as to change the compensation provisions relating to the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 656. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 657. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 660. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the annual salary of the chief magistrate.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 661. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensa tion, so as to change the compensation of the judge of the probate court.
Referred to Committee on Urban and County Affairs.

HB 662. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 663. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Supe rior Court of Rockdale County, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

HB 664. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

HB 667. By Representatives Robinson of the 58th, Workman of the 51st, Childs of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, so as to authorize the mayor and council to create the position of city manager and provide for the powers, duties, appointment, qualifi cations, and compensation of the city manager.
Referred to Committee on Urban and County Affairs.

HB 671. By Representatives Jamieson of the llth and Dover of the llth: A bill to continue to re-create the State Court of Stephens County.
Referred to Committee on Urban and County Affairs.

HB 672.

By Representatives Hays of the 1st, Oliver of the 1st and Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation

TUESDAY, FEBRUARY 12, 1985

901

of the Walker County Development Authority and the powers and func tions of the authority.
Referred to Committee on Urban and County Affairs.

HB 673. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which merged the Coweta County school system and the independent school system of the City of Newnan.
Referred to Committee on Urban and County Affairs.

HB 674. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ward of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Coweta County Development Authority.
Referred to Committee on Urban and County Affairs.

HB 675. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Coweta County to establish water, sanitation, sewerage, and fire protec tion districts.
Referred to Committee on Urban and County Affairs.

HB 676. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Coweta County and municipalities located therein to exempt from ad valorem taxation certain tangible personal property.
Referred to Committee on Urban and County Affairs.

HB 677. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Education of Coweta County to enter into certain leases, con tracts, and agreements.
Referred to Committee on Urban and County Affairs.

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HB 680. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to create the Douglasville-Douglas County Water and Sewer Au thority, to repeal the existing legislation creating the Douglasville-Doug las County Water Authority.
Referred to Committee on Urban and County Affairs.

HB 682. By Representative Edwards of the 112th:
A bill to create the Schley County Airport Authority; to declare the pur poses and objectives of this Act.
Referred to Committee on Urban and County Affairs.

HB 691. By Representative Dixon of the 151st:
A bill to amend an Act incorporating the City of Kingsland, so as to create the office of city manager.
Referred to Committee on Urban and County Affairs.

HB 707. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill to authorize the governing authority of Dawson County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations 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 149. HB 4. HB 587.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

TUESDAY, FEBRUARY 12, 1985

903

Mr. President:

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

SB 199. Do pass. HB 75. Do pass.

HB 340. Do pass. HB 48. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 35. SB 156. HB 171.

Do pass by substitute. Do pass. Do pass.

HB 177. Do pass. HB 319. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 8. Do pass. SR 94. Do pass. HR 11. Do pass as amended.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County 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:

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HB 557. Do pass. HB 562. Do pass.

HB 563. Do pass. HB 605. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

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

HB 325. HB 372. HR 154.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 98. By Senator Barker of the 18th:
A bill to amend Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to controlled burning of woods, lands, marshes, and other areas, so as to require 24 hours' notice prior to lawfully burning woods, lands, marshes, and other areas; to require the forest ranger or other employee or official of the forestry unit to notify certain sheriffs and the Department of Public Safety.

SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uni form Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to pro vide for stays of enforcement and for security pending the stays.

SR 17. By Senator Broun of the 46th:
A resolution creating the Joint Small Businesses in Georgia Study Committee.

TUESDAY, FEBRUARY 12, 1985

905

HB 35. By Representative Crawford of the 5th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality.

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

Allgood Baldwin Barker
Bond Bwen ^rann.on
Broun oyf 46th Brown of 47th gryant Burton Cobb Coverdell Dean Engram

Fincher Foster Garner
Gillis Greene Harris
aTM Holloway Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry
Phillips Ray Reddish
Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those not answering were Senators:

Albert CBaoTMlemesan (excused) Dawkins Deal

English Mine
Horton Howard

Langford Scott of 36th
Trulock Tysinger

Senator Cobb of the 28th introduced the chaplain of the day, Reverend Max Wall, pastor of the First United Methodist Church, Newnan, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 137.

By Senators Starr of the 44th, Holloway of the 12th, Kennedy of the 4th and others:
A resolution commending the Georgia Congress of Parents and Teachers.

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SR 138. By Senator Scott of the 2nd: A resolution commending Mrs. Esther F. Garrison.

SR 139. By Senator Burton of the 5th: A resolution commending and congratulating Patty Parker.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following local, uncontested bills of the House, favorably reported by the com mittee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Tuesday, February 12, 1985
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 131 Harris, 27th City of Thomaston Upson County
Establishes new charter for city; changes provisions relating to election of mayor and council.

HB 419 Bryant, 3rd Reddish, 6th City of Brunswick Glynn County
Continues in force Act creating a charter commission to study all mat ters relative to consolidation of governments and establishment of countywide successor government.

HB 432

Harris, 27th City of Thomaston Upson County
Continues in force amendment creating Thomaston Office Building Au thority.

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907

HB 433

Harris, 27th City of Thomaston Upson County
Continues in force amendment creating Thomaston-Upson County In dustrial Development Authority; continues in force and effect as part of Constitution of State the 1982 constitutional amendment which amended the above amendment.

HB 434 Harris, 27th City of Thomaston Upson County
Continues in force amendment authorizing city and its governing author ity to combine and operate the water and sewerage system and electric system of said city as one revenue producing facility and to contract to serve and indemnify users of said facilities, both within and without city.

HB 443

English, 21st Jefferson County
Amends Act removing tax commissioner from fee system of compensat ing and placing him on salary system of compensation; changes compen sation of tax commissioner.

HB 472

Bowen, 13th City of Sumner Worth County
Incorporates town; provides that town council shall be elected from posts.

HB 503 Timmons, llth Randolph County
Amends Act creating board of commissioners; changes compensation of chairman and other members of board.

HB 504 Brown, 47th City of Ila Madison County
Incorporates city; changes term of office of mayor.

HB 508 Trulock, 10th City of Cairo Grady County
Continues in force amendments creating and providing for Development Authority.

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HB 544 Turner, 8th Lowndes County
Changes compensation of members of commission board.

HB 548 Turner, 8th Lowndes County
Continues amendment relating to election of members of Board of Tax Assessors.

HB 551

Turner, 8th Lowndes County
Continues in force amendment which relates to election of board of edu cation.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean Engram Fincher Foster

Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Turner Tysinger Walker

Barker Barnes Bowen Brannon Brantley

Coleman (excused) Coverdell Dawkins English Harrison

Langford Ray Tate Timmons Trulock

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909

On the passage of all the local bills, the yeas were 41, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were 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 House:

HB 475.

By Representatives Walker of the 115th, Murphy of the 18th and Mc Donald of the 12th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fis cal Year 1984-85.

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

HB 475. By Representatives Walker of the 115th, Murphy of the 18th and Mc Donald of the 12th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fis cal Year 1984-85.
Referred to Committee on Appropriations.
The following resolution of the Senate was read and adopted:

SR 135.

By Senators Allgood of the 22nd, Kennedy of the 4th, Walker of the 43rd and others:
A resolution commending the Georgia Recreation and Park Society.

Senators Allgood of the 22nd and Baldwin of the 29th introduced members of the Georgia Recreation and Park Society, George Harris and Mike Daniel, who briefly addressed the Senate.

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SENATE RULES CALENDAR
Tuesday, February 12, 1985
TWENTY-FIRST LEGISLATIVE DAY
SB 79 Sexual Exploitation of Children--visual or print processors report (SUBSTITUTE) (J&CL--54th)
SB 119 County Grand Juries--inspection of public buildings and records (J&CL--9th)
SB 154 Board of Cosmetology--meetings and financial report (AMEND MENT) (Gov Op--25th)
SB 155 Building Authority--security guards known as Building Authority Police (Gov Op--25th)
SB 166 Possession of Firearm, Knife During Crimes--include drug crimes (Judy--49th)
SB 168 Fulton County Voter Registration--authorize post card registration (Gov Op--39th)
SB 65 Banks, Holding Companies--redefine branch banking (SUBSTI TUTE) (B&F--22nd)
SB 173 Civil Case Order for Trial--exception for 70 year olds (J&CL--48th)
SB 186 Northeastern Judicial Circuit--create new third judgeship (Judy--49th)
SR 47 Public Initiative--provide (SUBSTITUTE) (Gov Op--55th)
SR 91 Right Whale--designate as official state marine mammal (Gov Op--5th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

SB 79. By Senator Fincher of the 54th:
A bill to amend Code Section 16-12-100, relating to sexual exploitation of children, so as to require certain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto; to provide for immunity from liability; to provide for penalties.

TUESDAY, FEBRUARY 12, 1985

911

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 79:

A BILL
To be entitled an Act to amend Code Section 16-12-100, relating to sexual exploitation of children, so as to define certain terms; to require cer tain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto; to provide for immunity from liability; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-100, relating to sexual exploitation of children, is amended by striking that Code section in its entirety and in serting in its place the following:
"16-12-100. (a) As used in this Code section, the term:
(1) 'Commercial visual or print medium processor' means any per son employed by or otherwise engaged in the business of printing, devel oping, or processing of visual or print medium as defined in paragraph (6) of this subsection.
(2) 'Minor' means any person under the age of 18 years.
(3) 'Performance' means any play, dance, or exhibit to be shown to or viewed by an audience.
(4) 'Producing' means producing, directing, manufacturing, issuing, publishing, or advertising.
(5) 'Sexually explicit conduct' means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital, analgenital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadomasochistic abuse for the purpose of sexual stimulation; or
(E) Lewd exhibition of the genitals or pubic area of any person.
(6) 'Visual or print medium' means any film, photograph, negative, slide, book, magazine, or other visual or print medium.
(b) (1) It is unlawful for any person knowingly to employ, use, per suade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.

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(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.
(3) It is unlawful for any person knowingly to employ, use, per suade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.
(4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.
(5) Any commercial visual or print medium processor who observes, within the scope of that person's professional capacity or employment, any visual or print medium depicting a person engaging in sexually ex plicit conduct as defined in paragraph (5) of subsection (a) of this Code section where it may readily be concluded from that person's size, physi cal development, features, and other circumstances that such person en gaged in that conduct is a minor shall report such observation to the department of family and children services of the county of residence of such processor or the county in which the processing business is located and provide that department with any additional information that the processor may have regarding the identity of the owners or claimants of that visual or print medium. A processor who in good faith makes the report or provides the information required by this paragraph shall not be civilly or criminally liable therefor.
(c) (1) Any person who violates a provision of paragraph (1), (2), (3), or (4) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 20 years or by a fine of not more than $20,000.00, or both.
(2) Any commercial visual or print medium processor who know ingly fails to make the report or provide the information required under paragraph (5) of subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

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913

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Dawkins Deal Dean Fincher

Foster Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Brantley Cobb Coleman (excused)

Coverdell English Engram Garner Holloway

Langford Scott of 2nd Timmons 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.

SB 119. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend.Title 15 of the Official Code of Georgia Annotated, re lating to courts, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relative to the institution of proceedings to compel compliance with relevant law.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant

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Burton Cobb Dawkins Deal D.eal? Fmcher GFoilslties r
Greene
Harris
Harrison
Hine

Horton Howard Hudgins Huggins K?" ned y Kidd MLacnGdill
McKenzie
Peevy
Perry
Phillips

Ray Reddish Scott of 36th Starr Stumbaugh T iT,iamtemons
Tolleson
Turner
Tysinger
Walker

Those not voting were Senators:

Barker Barnes Brantley Coleman (excused)

Coverdell English Engram Garner

Holloway Langford Scott of 2nd Trulock

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

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

SB 154. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions re lating to definitions of certain terms; to change certain provisions relating to the frequency of meetings of the State Board of Cosmetology; to de lete the requirement of an annual financial report of the board.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 154 by adding in the title on line 9 of Page 1, between the ";" and the word "to", the following:
"to provide that any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Geor gia for a certain period shall be eligible to receive an appropriate certifi cate of registration under certain conditions;".
By adding between Sections 5 and 6, between lines 9 and 10 on Page 7, a new Section 5A to read as follows:
"Section 5A. Said chapter is further amended by striking in its en tirety subsection (d) of Code Section 43-10-8, relating to requirements of

TUESDAY, FEBRUARY 12, 1985

915

certificate of registration, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be al lowed to obtain a certificate of registration at the manicurist level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. Any person who has actively engaged in the performance of nail care services for a period of one year on March 29, 1983, shall be eligible to receive a certificate of manicurist level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1983.
(2) Notwithstanding any other provisions of this chapter, any per son who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985.' "

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:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Burton Cobb Dawkins Deal Dean

Engram Foster Garner Gillis Greene Harris Harnson Hine Holloway Horton Howard
Hudgins Huggins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2n
S,-,cott of 36th ^tarr , Stumbaugh
Tate Timmons Tolleson Trulock Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Coleman (excused) Coverdell

English Fincher Land

Langford Turner Tysinger

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

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

SB 155. By Senator Kidd of the 25th:
A bill to amend Code Section 50-9-9 of the Official Code of Georgia Annotated, relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, so as to change the provisions relating to authority to employ security guards; to provide that the security guards shall be known as the Georgia Building Authority Police.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Broun of 46th

Coleman (excused) Coverdell

Fincher Howard

TUESDAY, FEBRUARY 12, 1985

917

Hudgins Land

Langford

Tate

Reddish

On the passage of the bill, the yeas were 45, nays 0.

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

SB 166. By Senator Deal of the 49th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the com mission of or attempt to commit certain crimes, so as to include with the list of such crimes any crime involving the possession, manufacture, de livery, distribution, dispensing, administering, selling, or possession with intent to distribute certain controlled substances.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman (excused)

Coverdell Garner

Langford

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 51, nays 0.

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

SB 168. By Senator Bond of the 39th:
A bill to amend Code Section 21-2-221 of the Official Code of Georgia Annotated, relating to application for voter registration, so as to author ize post card registration in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; 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 Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Dawkins Deal Dean

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

Kennedy Kidd McGill McKenzie Peevy Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock

Those voting in the negative were Senators:

Albert Brantley Burton Coverdell

Harrison Land Perry Phillips

Tolleson Turner Tysinger

Those not voting were Senators:

Coleman (excused)

Langford

Walker

TUESDAY, FEBRUARY 12, 1985

919

On the passage of the bill, the yeas were 42, nays 11.
The bill, having received the requisite constitutional majority, was passed.
SB 65. By Senators Allgood of the 22nd, Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Part 18 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to redefine certain terms; to define the term "metropolitan statistical area"; to authorize parent banks or branch banks to establish and operate bank offices or bank facilities under cer tain conditions within any county or any metropolitan statistical area.
The Senate Committee on Banking and Finance offered the following substitute to SB 65:
A BILL
To be entitled an Act to amend Part 18 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facil ities, and holding companies, so as to redefine certain terms; to define the term "metropolitan statistical area"; to authorize parent banks or branch banks to establish and operate bank offices or bank facilities under certain conditions within any county in which said parent bank or branch bank is situated or any metropolitan statistical area in which said parent bank or branch bank is situated or within any metropolitan statistical area contigu ous thereto or within any county which is contiguous to a county in which said parent bank or branch bank is situated; to authorize banks to establish and operate an automated teller facility or unmanned point-of-sale terminal under certain conditions at any point within any county in which a parent bank, branch bank, bank office, or bank facility is located; 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 18 of Chapter 1 of Title 7 of the Official Code of Geor gia Annotated, relating to bank branches, offices, facilities, and holding companies, is amended by striking paragraphs (2) and (4) of Code Section 7-1-600, relating to definitions used in connection with banks, branches, of fices, facilities, and holding companies, in their entirety and substituting in lieu thereof new paragraphs (2) and (4) and a new paragraph (8.1) to read as follows:
"(2) 'Bank facility' means any additional place of business of a par ent bank or branch bank which has obtained a permit to operate a lim ited banking service in the manner and under the conditions provided in this part.

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JOURNAL OF THE SENATE

(4) 'Bank office' means any additional place of business of a parent bank or a branch bank which has obtained a permit to operate a com plete banking service in the manner and under the conditions provided in this part.
(8.1) 'Metropolitan statistical area' means those geographical areas located in whole or in part within this state designated by the Office of Management and Budget of the United States effective as of July 1, 1983, as metropolitan statistical areas."
Section 2. Said part is further amended by striking subsections (a) and (b) of Code Section 7-1-602, relating to bank offices and bank facilities, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) A parent bank or a branch bank, subject to the conditions pro vided in this part, may, upon obtaining approval and a permit from the department, establish and operate bank offices or bank facilities (1) within the same county or within any county in any metropolitan statisti cal area in which said parent bank or branch bank is situated, or (2) within any county which is contiguous to a county in which said parent bank or branch bank is situated, or (3) if the parent bank is a subsidiary of a bank holding company, within any county in which any other bank subsidiary of such bank holding company operates or could establish or operate a bank office or a bank facility.
(b) Notwithstanding the provisions of subsection (a) of this Code section, a parent bank or a branch bank located in a metropolitan statis tical area, subject to the conditions provided in this part, may, upon ob taining approval and a permit from the department, establish and oper ate bank offices and bank facilities within any county in any metropolitan statistical area which is contiguous to the metropolitan statistical area in which said parent bank or branch bank is situated if there are one or more banks located in such metropolitan statistical area which do not operate branch banks, bank offices, or bank facilities in more than one county, or which are not subsidiaries of bank holding companies having subsidiary banks in more than one county, or which are banks that the bank holding company of which such parent bank is a subsidiary would not be prohibited by law from acquiring, unless the commissioner has determined that the bank holding company of which the parent bank is a subsidiary has not made a good faith offer to acquire one of such banks and that such acquisition would not have been denied on the grounds of its anticompetitive effects."
Section 3. Said part is further amended by striking paragraph (4) of subsection (b) of Code Section 7-1-603, relating to the expansion or exten sion of existing facilities, automated teller facilities, and point-of-sale termi nals, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:
"(4) At any point within any county in which a parent bank, branch bank, bank office, or bank facility is located, provided such facility is established with the approval of the commissioner and is an unmanned automated teller facility or unmanned point-of-sale terminal as defined in

TUESDAY, FEBRUARY 12, 1985

921

this paragraph; provided, however, that the bank facility located on Rob ins Air Force Base in Houston County, Georgia, shall not be authorized to establish an automated teller facility or point-of-sale terminal any where in Houston County. Such facilities may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions. 'Automated teller facilities' means electronic or mechanical equipment which performs routine banking transactions for the public at locations off premises of a parent bank, branch bank, bank office, or bank facility under regulations prescribed by the commis sioner. Automated tellers shall be unmanned. 'Point-of-sale terminals' means electronic or mechanical equipment located in nonbank business outlets to record, directly with a bank, transactions occurring as a result of the sale of goods or services."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Horton of the 17th, Barker of the 18th and Starr of the 44th offered the following amendment:

Amend the substitute to SB 65 offered by the Senate Committee on Banking and Finance by adding in the title, between the semicolon and the word "to" on line 5 of Page 1, the following:
"to provide that a branch bank may be established through merger or consolidation of a bank which has been in continuous operation for at least one year under certain conditions;".
By renumbering Sections 2 through 4 as Sections 3 through 5, respectively.
By inserting between line 19 and line 20 on Page 2 the following:
"Section 2. Said part is further amended by changing the period to a semicolon at the end of subparagraph (D) of paragraph (3) of Code Section 7-1-601, relating to branch banks, and by adding a new para graph (4) at the end of subsection (c) of said Code section to read as follows:
'(4) Notwithstanding other provisions of law to the contrary, a branch bank may be established through merger or consolidation of a bank, which bank has been in continuous operation for at least one year and is located in a county in which all other banks either operate in more than one county or are affiliated with a bank holding company having banking subsidiaries in more than one county, with or into any other bank which is located or is affiliated with a bank holding company which has a banking subsidiary which is located within the same metropolitan statistical area as the bank being merged.'"

On the adoption of the amendment, the yeas were 38, nays 6, and the amendment was adopted.

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JOURNAL OF THE SENATE

On the adoption of the substitute to SB 65 offered by the Senate Committee on Banking and Finance, as amended, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Bryant Cobb Coverdell Fincher

Greene Harris Harrison
Holloway Horton
Howard Hudgins
Land Langford Phillips
Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bowen Brannon Broun of 46th Brown of 47th Burton Dawkins Deal Dean

English Engram Foster Garner Gillis Hine Huggins Kennedy

Kidd McGill McKenzie Peevy Perry Ray Timmons

Not voting was Senator Coleman (excused).

On the adoption of the substitute, the yeas were 32, nays 23, 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:

Albert Allgood Barker Barnes Bond

Brantley Bryant Coverdell
Fincher Greene

Harrison Holloway Horton Howard Hudgins

TUESDAY, FEBRUARY 12, 1985

923

Land Langford Phillips Reddish
Scott of 2nd

Scott of 36th Starr Stumbaugh Tate
Tolleson

Trulock Turner
Tysmger Walker

Those voting in the negative were Senators:

Baldwin Bowen Brannon BBBn rruoorwutonnn ooffr 44A67Itthhu
Cobb Dawkins Deal

Dean English Engram oGGFoialsrltineserr
Harris Hine Huggins

Kennedy Kidd McGill .M,,cKvenzie
Peevv
Perry Ray Timmons

Not voting was Senator Coleman (excused).

On the passage of the bill, the yeas were 29, nays 26.

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

Senator Allgood of the 22nd moved that SB 65 be immediately transmitted to the House.

On the motion, the yeas were 41, nays 1; the motion prevailed, and SB 65 was immediately transmitted to the House.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Judson Hawk, of Atlanta, Georgia.

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

SB 173. By Senators Peevy of the 48th and Barnes of the 33rd:
A bill to amend Code Section 15-6-65 of the Official Code of Georgia Annotated, relating to entry of civil cases and order for trial, so as to provide an exception regarding the order for trial of certain civil cases in the superior courts when one of the parties is 70 years of age or older and additional circumstances are found to exist; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Garner Harrison

McKenzie Scott of 2nd

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

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

SB 186. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit; to provide for the initial ap pointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge.

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

TUESDAY, FEBRUARY 12, 1985

925

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Brannon Coleman (excused)

Fincher Garner

Hudgins Reddish

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 the requisite constitutional majority the following bill of the House:

HB 726. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act creating the Henry County Development Author ity, so as to change provisions relating to the compensation of members and reimbursement of expenses.

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JOURNAL OF THE SENATE

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

HB 726. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act creating the Henry County Development Author ity, so as to change provisions relating to the compensation of members and reimbursement of expenses; to provide for the validity and ratifica tion of certain actions by the authority.
Referred to Committee on Urban and County Affairs.
The following general resolutions of the Senate, favorably reported by the commit tee, were read the third time and put upon their adoption:

SR 91. By Senator Burton of the 5th: A resolution designating the right whale as the official Georgia state marine mammal.
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:

Albert Allgood Baldwin Barker Barnes
Bond Bwen Brann.on
Broun o'f 46th Brown of 47th g nt Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gil l is
Greene Harris Harrison
JJTM Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry
Phillips Ray Reddish
Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 12, 1985

927

Those not voting were Senators:

Coleman (excused) Garner

Scott of 2nd

Tolleson

On the adoption of the resolution, the yeas were 52, nays 0.

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

SR 47. By Senators Stumbaugh of the 55th, Barnes of the 33rd, Trulock of the 10th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XL
Paragraph I. Power vested in the people. Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, by initiative petition, to enact or reject statutes and amend ments to statutes and amendments to the Constitution at the polls, pro vided that any such proposed statute, amendment to a statute, or amend ment to the Constitution has first been introduced in the General Assembly and the General Assembly has rejected or failed to act on such proposed statute, amendment to a statute, or amendment to the Constitu tion within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initia tive petition process provided for in this section. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the state.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. Af ter an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provi sions shall not be submitted to the people at the next two general elections.

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Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. The petition may consist of more than one document, but each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such docu ment was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
Any person who signs a name other than his or her own on a peti tion, or who knowingly signs his or her name more than once for the same proposition at one election, or who signs a petition knowing that he or she is not a qualified registered elector shall be guilty of a misde meanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preced ing sentence.
Paragraph II. Initiative petitions proposing amendments to the Con stitution. An initiative petition proposing an amendment to the Constitu tion shall be signed in each congressional district by a number of regis tered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the total number of registered voters signing the initiative petition shall be equal to 15 percent or more of the total number of voters within the state who voted for the candidates for the office of governor in the last preceding guber natorial election. The initiative petition shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RE SOLVED BY THE PEOPLE OF THE STATE OF GEORGIA.' An initiative petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter differ ent from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolution proposing the amendment which was introduced into the Gen eral Assembly and which is the subject of the initiative.
Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than 120 days before any regular general election at which the question of approval or disap proval of such amendment may be voted upon by the voters of the entire state. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signa tures appear on the petition. If the petition contains less than the re quired number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signa tures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certi fies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of regis-

TUESDAY, FEBRUARY 12, 1985

929

tered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate por tions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the neces sary number of signatures appear on the petition. If an insufficient num ber of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the peti tion, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed amendments. The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amendments to the Constitution, shall be applicable to amendments proposed by initiative petition. Except for the enacting clause, such pro posed amendment to the Constitution shall be identical in wording to a resolution proposing an amendment to the Constitution, or any version thereof, which has been previously introduced into the General Assem bly, either as an original resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative petitions proposing statutes and amend ments to statutes. An initiative petition proposing a statute or an amend ment to a statute shall be signed in each congressional district by a num ber of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the to tal number of registered voters within the state signing the initiative peti tion shall be equal to 15 percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preced ing gubernatorial election. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or section of the O.C.G.A. shall be amended or repealed by mere reference to its title or to the number of the section of the O.C.G.A., but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identical in wording to a bill or resolution, or any version thereof, which has been previously introduced into the General Assembly, either as an original bill or resolution or as a committee or floor substitute to a

930

JOURNAL OF THE SENATE

bill or resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.

Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than 120 days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire state. The Secretary of State shall immedi ately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall pro vide the election officials of each county with a certified copy of the peti tion or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures ap pear on the petition, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks im mediately preceding the date of the election at which such proposed stat ute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General, and the Governor shall examine each statute and each amendment to a statute proposed by an initiative petition and shall adopt language to appear on the ballot which shall adequately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:

"[ ] YES [ ] NO

Shall the Act. ............ .be enacted by the people and become the law of the State of Georgia?"

All persons desiring to vote in favor of such proposed statute becom ing the law of the state shall vote 'Yes' and those persons desiring to vote
against the proposed statute becoming the law of the state shall vote 'No.' It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a major-

TUESDAY, FEBRUARY 12, 1985

931

ity of the voters voting on such question at such election vote for approval of such proposed statute or amendment to a statute, it shall become law and take effect on the thirtieth day following the election. An initiative measure so approved by the voters shall not be amended, annulled, re pealed, set aside, or suspended by the legislature within two years from the date it takes effect. If a majority of such voters vote for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.

Paragraph IV. Provisions of section self-executing; legislative proce dures. The provisions of this section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Consti tution; to provide procedures and restrictions connected therewith; to provide exceptions; and to provide that the provisions shall be self-executing?"

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 Stumbaugh of the 55th moved that SR 47 be postponed until Wednesday, February 13.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 47 was postponed until Wednesday, February 13.

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

At 12:40 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 13, 1985 Twenty-second Legislative Day

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

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

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

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

Mr. President:

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

HB 159.

By Representative Walker of the 115th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to authorize the court imposing the death penalty to fix a seven-day period of time, rather than a date certain, during which the sentence shall be carried out.

HB 244.

By Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st and others:
A bill to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions.

HB 256.

By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to create the Georgia Coroner's Training Council.

WEDNESDAY, FEBRUARY 13, 1985

933

HB 362.

By Representatives Smyre of the 92nd, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to the payment of a clothing allowance to mem bers of the Uniform Division assigned permanently to personal security or special duty assignments.

HB 368.

By Representative Colbert of the 23rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change the definition of the term "landmark museum building"; to change the provisions relating to requirements of landmark museum buildings.

HB 471.

By Representatives Connell of the 87th and Murphy of the 18th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority, so as to empower and authorize the authority to operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest.

HB 546.

By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, so as to provide an exception to the amounts payable for interment if a county has made prior arrangements through bids or negotiation.

HB 583.

By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia An notated, relating to local authorization and regulation of sales of alco holic beverages on Sunday, so as to provide that a municipality having an independent school system shall be authorized through its governing au thority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays.

HB 585.

By Representatives Lawler of the 20th, Burruss of the 20th, Murphy of the 18th and others:
A bill to amend the Official Code of Georgia Annotated so as to change the method of compensating certain public officers and employees.

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JOURNAL OF THE SENATE

HB 617.

By Representatives Colwell of the 4th and Johnson of the 72nd:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments.

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

HB 87. 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 additional compensation may be provided for the council member who serves as mayor pro tempore.

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

HR 90. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

HR 198.

By Representatives Couch of the 40th, Lee of the 72nd, Waldrep of the 80th and others:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.

HR 91. By Representative Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real properties located in Dougherty County, Georgia, and in the cities of Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Geor gia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Geor gia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia.

HR 183.

By Representatives Reaves of the 147th and Walker of the 115th:
A resolution urging the imposition of a 120 day moratorium on all farm foreclosures.

WEDNESDAY, FEBRUARY 13, 1985

935

HR 188.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A resolution recognizing Dr. Hugh L. Crowe.

HR 189.

By Representatives Walker of the 115th, Chambless of the 133rd and Wood of the 9th:
A resolution recommending and encouraging structured settlements and awards.

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

HB 678.

By Representative Royal of the 144th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the composition of the governing authority of the City of Baconton.

HB 697.

By Representative Ramsey of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth, so as to change the date of election of the mayor and aldermen.

HB 698.

By Representatives Clark of the 13th and Milford of the 13th:
A bill to amend an Act granting a new charter to the City of Winterville, so as to change the provisions relating to the election and terms of office of the mayor and councilmen.

HB 701.

By Representatives Cox of the 141st and Long of the 142nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Decatur County--Bainbridge Industrial Development Authority.

HB 702.

By Representative Cox of the 141st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid ing for the establishment of a Downtown Bainbridge Development Authority.

HB 719.

By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the elec tion of members of the Board of Education of Putnam County.

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JOURNAL OF THE SENATE

HB 720.

By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Putnam County Development Authority.

HB 721.

By Representative Copelan of the 106th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits of the city.

HB 727.

By Representative Patten of the 149th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the composition of the board of commissioners.

HB 728.

By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Vidalia Development Authority and the powers and administration of the authority.

HB 729.

By Representative Phillips of the 120th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Montgomery County, known as the fee system; to pro vide in lieu thereof an annual salary pursuant to general law.

HB 730.

By Representatives Phillips of the 120th, Moody of the 153rd and Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Toombs County Development Authority and the powers and ad ministration of the authority.

HB 731.

By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 76 of the 1966 General Assembly and which relates to creating of the Montgomery County Development Authority and the powers and administration of the authority.

HB 739.

By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commission ers of Clinch County may fix the salary of the chairman.

WEDNESDAY, FEBRUARY 13, 1985

937

HB 740.

By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commission ers of Clinch County may fix the salaries of the members of the board other than the chairman.

HB 741.

By Representative Crosby of the 150th:
A bill to provide for reapportionment of the board of education of Clinch County; to provide for education districts and for the manner of electing members of the board.

HB 742.

By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to reapportion the board of commissioners of Clinch County.

HB 743.

By Representative Crosby of the 150th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioners of Clinch County to fix the salary of the tax commissioner within certain limits.

HB 744.

By Representative Crosby of the 150th:
A bill to amend an Act creating and establishing the State Court of Clinch County, so as to authorize the board of commissioners of Clinch County to fix the salary of the judge and solicitor of said court within certain limits.

HB 745.

By Representative Smith of the 152nd:
A bill to amend an Act establishing the State Court of Pierce County, so as to change the compensation of the judge and solicitor of the state court.

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

SB 231. By Senators Scott of the 2nd and Deal of the 49th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his con sent and the damage thereto is $500.00 or less.
Referred to Committee on Judiciary and Constitutional Law.

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JOURNAL OF THE SENATE

SB 232. By Senators Gillis of the 20th, Ray of the 19th, Huggins of the 53rd and English of the 21st:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Offi cial Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such in formation shall be provided to the seller of such timber; to provide for exceptions; to provide for definitions; to provide for penalties.
Referred to Committee on Natural Resources.

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

HB 159. By Representative Walker of the 115th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to authorize the court imposing the death penalty to fix a seven-day period of time, rather than a date certain, during which the sentence shall be carried out.
Referred to Committee on Judiciary.

HB 244. By Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st and others:
A bill to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions.
Referred to Committee on Natural Resources.

HB 256. By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to create the Georgia Coroner's Training Council.
Referred to Committee on Governmental Operations.

HB 362. By Representatives Smyre of the 92nd, Walker of the 115th, Coleman of the 118th and Benefield of the 72nd:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to the payment of a clothing allowance to mem bers of the Uniform Division assigned permanently to personal security or special duty assignments.
Referred to Committee on Public Safety.

WEDNESDAY, FEBRUARY 13, 1985

939

HB 368. By Representative Colbert of the 23rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change the definition of the term "landmark museum building"; to change the provisions relating to requirements of landmark museum buildings.
Referred to Committee on Economic Development and Tourism.

HB 471. By Representatives Connell of the 87th and Murphy of the 18th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority so as to empower and authorize the authority to operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest.
Referred to Committee on Economic Development and Tourism.

HB 546. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, so as to provide an exception to the amounts payable for interment if a county has made prior arrangements through bids or negotiations.
Referred to Committee on Judiciary.

HB 583. By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia An notated, relating to local authorization and regulation of sales of alco holic beverages on Sunday, so as to provide that a municipality having an independent school system shall be authorized through its governing au thority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays.
Referred to Committee on Consumer Affairs.

HB 585. By Representatives Lawler of the 20th, Burruss of the 20th, Murphy of the 18th and others:
A bill to amend the Official Code of Georgia Annotated so as to change the method of compensating certain public officers and employees.
Referred to Committee on Governmental Operations.

HB 617. By Representatives Colwell of the 4th and Johnson of the 72nd:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties

940

JOURNAL OF THE SENATE

Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments.
Referred to Committee on Public Utilities.

HR 90. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
Referred to Committee on Public Utilities.

HR 91. By Representative Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real properties located in Dougherty County, Georgia, and in the cities of Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Geor gia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Geor gia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia.
Referred to Committee on Public Utilities.

HR 183. By Representatives Reaves of the 147th and Walker of the 115th:
A resolution urging the imposition of a 120 day moratorium on all farm foreclosures.
Referred to Committee on Agriculture.

HR 189. By Representatives Walker of the 115th and Chambless of the 133rd:
A resolution recommending and encouraging structured settlements and awards.
Referred to Committee on Judiciarv and Constitutional Law.

HR 198. By Representatives Couch of the 40th, Lee of the 72nd, Waldrep of the 80th and others:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.
Referred to Committee on Public Utilities.

WEDNESDAY, FEBRUARY 13, 1985

941

HB 678. By Representative Royal of the 144th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the composition of the governing authority of the City of Baconton.
Referred to Committee on Urban and County Affairs.

HB 697. By Representative Ramsey of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth, so as to change the date of election of the mayor and aldermen.
Referred to Committee on Urban and County Affairs.

HB 698. By Representatives Clark of the 13th and Milford of the 13th:
A bill to amend an Act granting a new charter to the City of Winterville, so as to change the provisions relating to the election and terms of office of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

HB 701. By Representatives Cox of the 141st and Long of the 142nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Decatur County--Bainbridge Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 702. By Representative Cox of the 141st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid ing for the establishment of a Downtown Bainbridge Development Authority.
Referred to Committee on Urban and County Affairs.

HB 719. By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the elec tion of members of the Board of Education of Putnam County.
Referred to Committee on Urban and County Affairs.

HB 720. By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Putnam County Development Authority.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 721. By Representative Copelan of the 106th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 727. By Representative Patten of the 149th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the composition of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 728. By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Vidalia Development Authority and the powers and administration of the authority.
Referred to Committee on Urban and County Affairs.

HB 729. By Representative Phillips of the 120th:
A bill to abolish the present method of compensating the clerk of the Superior Court of Montgomery County, known as the fee system; to pro vide in lieu thereof an annual salary pursuant to general law.
Referred to Committee on Urban and County Affairs.

HB 730. By Representatives Phillips of the 120th, Moody of the 153rd and Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Toombs County Development Authority and the powers and ad ministration of the authority.
Referred to Committee on Urban and County Affairs.

HB 731. By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 76 of the 1966 General Assembly and which relates to creation of the Montgomery County Development Authority and the powers and administration of the authority.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 13, 1985

943

HB 739. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commission ers of Clinch County may fix the salary of the chairman.
Referred to Committee on Urban and County Affairs.

HB 740. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commission ers of Clinch County may fix the salary of the members of the board other than the chairman.
Referred to Committee on Urban and County Affairs.

HB 741. By Representative Crosby of the 150th:
A bill to provide for reapportionment of the board of education of Clinch County; to provide for education districts and for the manner of electing members of the board.
Referred to Committee on Urban and County Affairs.

HB 742. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to reapportion the board of commissioners of Clinch County.
Referred to Committee on Urban and County Affairs.

HB 743. By Representative Crosby of the 150th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, so as to authorize the board of commissioners of Clinch County to fix the salary of the tax commissioner within certain limits.
Referred to Committee on Urban and County Affairs.

HB 744. By Representative Crosby of the 150th:
A bill to amend an Act creating and establishing the State Court of Clinch County, so as to authorize the board of commissioners of Clinch County to fix the salary of the judge and solicitor of said court within certain limits.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 745. By Representative Smith of the 152nd:
A bill to amend an Act establishing the State Court of Pierce County, so as to change the compensation of the judge and solicitor of the state court.
Referred to Committee on Urban and County Affairs.

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 475. Do pass.
Respectfully submitted,
Senator Starr of the 44th 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 94. HB 437. HB 438.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 130. Do pass. SB 202. Do pass. SB 213. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

WEDNESDAY, FEBRUARY 13, 1985

945

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 205. HB 69. HB 99.

Do pass. Do pass. Do pass.

HR 20. Do pass. HR 50. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 204. HB 357. HB 358.

Do pass. Do pass. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 57. Do pass by substitute. SB 169. Do pass as amended.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

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JOURNAL OF THE SENATE

SB 215. Do not pass. SB 220. Do pass.

HB 306. Do pass. HR 100. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SR 82. SR 118. HR 15.

Do not pass. Do pass. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County 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 218. HB 420. HB 421. HB 593.

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

HB 594. HB 621. HB 682.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 502. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

WEDNESDAY, FEBRUARY 13, 1985

947

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

SB 35. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons complet ing a defensive driving course or alcohol or drug program, so as to au thorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of other such jurisdictions.

SB 149. By Senators Holloway of the 12th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that the travel allowance for trips to the state capitol during sessions of the General Assembly shall be de termined either on the basis of actual transportation costs incurred when traveling by public carrier or on the basis of mileage.

SB 156. By Senator Mine of the 52nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the election of the chief magistrate and the appointment of magistrates; to authorize the chief magistrate to suspend a magistrate under certain circumstances; to provide that the suspension must be ap proved by the Judicial Qualifications Commission.

SB 199. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax com missioners, so as to change the minimum salaries of such officers; to pro vide an effective date.

SR 8. By Senator Kidd of the 25th:
A resolution creating the Staffing in Mental Health Facilities Joint Study Committee.

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

948

JOURNAL OF THE SENATE

HB 4. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to provide appropriations for the State Fiscal Year 1985-86.

HB 48. By Representative Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to au thorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located.

HB 75. By Representative Birdsong of the 104th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide for the qualifications of the office of tax receiver, tax collec tor, or tax commissioner and for terms of office of said officers.

HB 171.

By Representative Evans of the 84th:
A bill to amend Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, so as to provide for investigatory authority and subpoena power to the Secretary of State; to provide for the payment of fees and mileage for sheriffs, witnesses, or other persons.

HB 177.

By Representatives Couch of the 40th, Buck of the 95th, Chambless of the 133rd and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Offi cial Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to prohibit any person by means of a telephone communication for commercial purposes from making, directly or by means of an electronic recording device, any comment, request, sugges tion, or proposal which is obscene, lewd, lascivious, filthy or indecent.

HB 319.

By Representative Chambless of the 133rd:
A bill to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to delete certain provisions relating to qualifications of notaries; to delete certain provisions relating to application to be a notary; to change the provisions regarding confi dentiality of information; to add certain provisions regarding the seal of office and certain notary signatures.

WEDNESDAY, FEBRUARY 13, 1985

949

HB 325.

By Representatives Steinberg of the 46th, Bolster of the 30th, Alford of the 57th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to specify certain zoning procedures to be followed in counties having a population of 400,000 or more and in municipalities wholly or partially located within such counties.

HB 340.

By Representatives Kilgore of the 42nd and Williams of the 6th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensa tion in addition to any other compensation.

HB 372.

By Representative Chambless of the 133rd and others:
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 redefine certain terms.

HB 587.

By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to amend subsection (4) of Section 50-9-2 of the Official Code of Georgia Annotated, defining the word "project" for the purposes of the "Georgia Building Authority Act"; to amend subsection (5) of Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority and of departments, boards, com missions, agencies, or appellate courts of the state to enter into contracts and lease agreements for the use of any structure.

HR 11. By Representatives Alien of the 127th, Hamilton of the 124th and Triplett of the 128th:
A resolution creating the House Teenage and Youth Unemployment Study Committee.

HR 154.

By Representative Redding of the 50th:
A resolution urging the governing authorities of the cities and counties of this state to regulate roadside vendors.

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

Albert Allgood Baldwin

Barker Bond Bowen

Brannon Brantley Broun of 46th

950
Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

JOURNAL OF THE SENATE

Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy

Perry Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Barnes Coleman (excused) Coverdell

Harrison Howard

Phillips Scott of 36th

The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:

Office of the Governor Atlanta 30334
February 13, 1985
Honorable Zell Miller Lieutenant Governor President of the Senate Members of the Senate Senate Chambers 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.
The following named persons as members of the State Board of Bar bers, for terms beginning February 11, 1985 and ending December 29, 1987: Winston Strickland of Bartow County; Jimmy Jones of Walker County.
Honorable J. Lane Johnston, D.A., of Bulloch County as a member of the Board of Public Safety, for the term of office beginning February 6, 1985 and ending January 20, 1988.
Honorable Thomas H. Frier of Coffee County as a member of the

WEDNESDAY, FEBRUARY 13, 1985

951

Board of Regents of the University System of Georgia, for the term of office beginning February 13, 1985 and ending January 1, 1992.
Sincerely, /s/ Joe Frank Harris

Senator Dawkins of the 45th introduced the chaplain of the day, Reverend Albert A. Myers, Jr., pastor of Conyers Presbyterian Church, Conyers, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 140. By Senator Coverdell of the 40th: A resolution commending Ms. Frances Hesselbein.

SR 141. By Senator Coverdell of the 40th: A resolution commending Ms. Betty Pilsbury.

Senator Coverdell of the 40th introduced Ms. Frances Hesselbein and Ms. Betty Pilsbury with the Girl Scouts of America and each addressed the Senate briefly.

SR 143. By Senator Hine of the 52nd: A resolution commending Terry H. Touchstone.

SR 144. By Senator Hine of the 52nd:
A resolution commending Sergeant Jerry Boyd of the Floyd County Po lice Department.

HR 188.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A resolution recognizing Dr. Hugh L. Crowe.

SR 134. By Senator Kidd of the 25th: A resolution commending Mrs. Maxine Goldstein.

Senator Kidd of the 25th introduced Mrs. Maxine Goldstein, who briefly ad dressed the Senate.

The following local, uncontested bills of the House, favorably reported by the com mittee as listed on the Senate Local Consent Calendar, were put upon their passage:

952

JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR Wednesday, February 13, 1985
TWENTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 557 Deal, 49th City of Oakwood Hall County
Amends Act creating new charter; changes corporate limits.

HB 562 Broun, 46th City of Athens Clarke County
Continues constitutional amendment creating Athens-Clarke County In dustrial Development Authority.

HB 563

Harrison, 37th Brannon, 51st Deal, 49th Brantley, 56th Cherokee County Forsyth County
Changes terms of State Court.

HB 605

Turner, 8th City of Quitman Brooks County
To amend Act reincorporating and providing new charter; changes com position of the municipal governing authority known as the board of com missioners for city.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, 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

WEDNESDAY, FEBRUARY 13, 1985

953

Burton Cobb Coverdell
Dean E"8 llsh
SheT Foster Gillj s Greene Harris Mine Holloway

Horton Hudgins Muggins
Kennedy Kidd
Land Langford McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd
Scott of 36th Starr
Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Baldwin Bowen Coleman (excused)

Dawkins Deal Garner

Harrison Howard Trulock

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1 st was excused from the Senate today.

SENATE RULES CALENDAR
Wednesday, February 13, 1985
TWENTY-SECOND LEGISLATIVE DAY
SB 5 Insect Sting Emergency Treatment Act--create (SUBSTITUTE) (Hum R--25th)
SB 29 Second Drivers License Suspension for Driving Under the Influ ence--alcohol education program (SUBSTITUTE) (J&CL--40th)
SB 45 Public Safety Department--certain information from records to gov ernment agencies (SUBSTITUTE) (Pub Saf--3rd)
SB 110 Sterilization of Mentally Incompetent--who may file petitions for (SUBSTITUTE) (Hum R--42nd)
SB 112 Fiduciaries--investments authorized by law (B&F--46th) SB 113 Employees' Insurance and Benefit Plans--flexible employee benefit
plan (SUBSTITUTE) (Gov Op--25th)

954

JOURNAL OF THE SENATE

SB 134 Boards of Health of Consolidated City-County Govern ments--powers (AMENDMENT) (Hum R--15th)
SB 140 Claims for Abandoned Property Delivered to State--time to file (SUBSTITUTE) (B&F--14th)
SB 148 Department of Transportation--awarding contracts when only one bid (Trans--1st)
SB 165 Scoliosis Screening in Schools--approval of parents not required (Hum R--4th)
SB 210 Cave--entering without owner's permission misdemeanor (Nat R--32nd)
SR 92 Bonds for Financing City, County Public Facilities--voter approval of political subdivisions (SUBSTITUTE) (U&CA G--9th)
SR 93 Regulated Local Exchange Telephone Companies--compete with nonregulated companies (Pub U--2nd)
SR 96 Milledgeville--conveyance of state-owned property (AMEND MENT) (Pub U--25th)
SR 102 St. Simons Island--conveyance of state-owned property (AMEND MENT) (Pub U--3rd)
SR 106 Emanuel County--conveyance of state-owned property (AMEND MENT) (Pub U--21st)
SB 98 Controlled Burning of Woods and Lands--24 hour notice (SUBSTI TUTE) (Nat R--18th)
SB 164 Uniform Enforcement of Foreign Judgments Law--enact (J&CL--42nd)
SR 17 Joint Small Businesses in Georgia Study Committee--create (Rules--46th)
HB 160 Natural Resources Commissioner--delegate power to serve on cer tain boards (Nat R--31st)
HR 52 Antebellum Trail--designate (Trans--46th)
HB 96 Natural Resources Department--issue waterfowl stamp (Nat R--10th)
HB 112 Speech Pathologists, Audiologists--revise laws relating to (Hum R--42nd)
HB 97 Election Board--receive per diem same as General Assembly mem bers (Gov Op--25th)
HB 153 Discharge of Hazardous Materials--immunity for assistance in miti gating (Nat R--20th)
HB 257 Claims Advisory Board--clarification of those not allowed to make claim (U&CA G--8th)
HB 32 Water Well Standards Act of 1976--provide new title (SUBSTI TUTE) (Nat R--20th)
HB 168 Hazardous Waste Management Act--redefine "hazardous, solid waste" (Nat R--20th)

WEDNESDAY, FEBRUARY 13, 1985

955

HB 31 Board of Regents Employee--may serve on certain foundation boards (H Ed--54th)
SR 47 Public Initiative--provide (SUBSTITUTE) (Gov Op--55th)
Respectfully submitted, /s/ Holloway of the 12th, Chairman
Senate Rules Committee

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

SB 5. By Senator Kidd of the 25th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, re lating to health, so as to authorize persons who have successfully com pleted an approved educational training program to obtain and adminis ter epinephrine for insect stings; to provide a short title; to provide for purpose; to provide for administration of the program by the Department of Human Resources.

The Senate Committee on Human Resources offered the following substitute to SB 5:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize persons who have success fully completed educational training program to obtain and administer epi nephrine for insect stings; to provide a short title; to provide for purpose; to provide for administration by the Department of Human Resources; to pro vide for educational training; to provide for eligibility; to provide for certifi cates; to provide for authority of a certificate holder; to provide for certain immunity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 34 to read as follows:
"CHAPTER 34
31-34-1. This chapter shall be known and may be cited as the 'In sect Sting Emergency Treatment Act.'
31-34-2. It is the purpose of this chapter to provide a means of au thorizing certain individuals when a physician is not immediately availa ble to administer life-saving treatment to those persons who have severe adverse reactions to insect stings.

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31-34-3. The Department of Human Resources is authorized to per form the following functions and duties:
(1) To design, distribute, and issue certificates of training; and
(2) To promulgate rules and regulations necessary for the adminis tration of this chapter.
31-34-4. Educational training required by this chapter shall be con ducted by physicians licensed to practice medicine in this state. The cur riculum shall minimally include the following subjects:
(1) Recognition of the symptoms of systematic reactions to insect stings; and
(2) The proper administration of subcutaneous injection of epinephrine.
31-34-5. Persons eligible to receive a certificate pursuant to this chapter shall meet the following requirements:
(1) Be 18 years of age or older;
(2) Have, or reasonably expect to have, responsibility for at least one other person as a result of one's occupational or volunteer status, such as camp counselors, scout leaders, school teachers, forest rangers, tour guides, or chaperones; and
(3) Have successfully completed educational training as described in Code Section 31-34-4.
31-34-6. Persons meeting the requirements of Code Section 31-34-5 shall be entitled to a certificate pursuant to this chapter. Each certificate issued shall be signed by the instructing physician. A certificate shall be valid for a period of two years from the date of issuance.
31-34-7. Notwithstanding any other law, a certificate issued pursu ant to this chapter shall authorize the holder thereof to receive, upon presentment of said certificate, from any physician licensed in this state, a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration. The certificate shall also authorize the holder thereof to possess, and administer in an emergency situation when a physician is not immediately available, such prescribed epinephrine to persons suffering a severe adverse reaction to an insect sting.
31-34-8. No cause of action shall arise against a certificate holder authorized by this chapter for any act or omission of such certificate holder when acting in good faith while rendering emergency treatment pursuant to the authority granted by this chapter, except where such con duct amounts to gross negligence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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957

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

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

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen

Coleman (excused) Harrison

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

SB 29. By Senators Coverdell of the 40th, Dawkins of the 45th, Bond of the 39th and Howard of the 42nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that persons whose driver's licenses have been suspended for a second time for driving

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under the influence of alcohol or drugs shall, prior to early reinstatement of the license, complete an alcohol or drug abuse assessment and educa tion program.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 29:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated relating to motor vehicles and traffic, so as to change certain provisions relative to the temporary driving permit issued when a driver's license is taken upon being charged with driving under the influence; to re quire an alcohol and drug abuse assessment as a condition of receiving cer tain suspensions, stays, or probation of portions of the criminal penalty im posed for a second or third conviction of driving under the influence of alcohol or drugs; to authorize the court to require participation in an appro priate alcohol and drug abuse treatment program as a condition of receiving certain suspensions, stays, or probation of portions of the criminal penalty imposed for a second or third conviction of driving under the influence of alcohol or drugs; to provide a maximum cost for such assessments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-5-69, relating to taking of drivers' licenses of persons charged with driving under the influence, and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) At the time the law enforcement officer takes the driver's li cense, he shall issue a temporary driving permit to the person. This tem porary driving permit shall be valid until the person's driving privilege is suspended or revoked under any provision of this title."
Section 2. Said title is further amended by striking division (c)(2)(B)(ii) of Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, and inserting in lieu thereof a new division to read as follows:
"(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that the conditions of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service and that the defendant shall complete an alcohol and drug abuse assessment which is designed to de termine whether a person may be an alcoholic or drug dependent individ ual or may be an alcohol or drug abuser as defined in Code Section 37-71 and which is provided by an alcohol and drug assessment program op erated, funded, or licensed by the Department of Human Resources; by addiction counselors certified by the Georgia Addiction Counselors' Asso-

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elation; or by licensed psychologists, psychiatrists, or physicians and may be that the defendant participate in an appropriate alcohol and drug abuse treatment program; and".
Section 3. Said title is further amended by striking division (c)(3)(B)(ii) of Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, and inserting in lieu thereof a new division to read as follows:
"(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that the conditions of the suspension, stay, or probation of the minimum tenday term of imprisonment shall be that the defendant shall perform not less than 30 days of community service and that the defendant shall com plete an alcohol and drug abuse assessment which is designed to deter mine whether a person may be an alcoholic or drug dependent individual or may be an alcohol or drug abuser as defined in Code Section 37-7-1 and which is provided by an alcohol and drug assessment program oper ated, funded, or licensed by the Department of Human Resources; by addiction counselors certified by the Georgia Addiction Counselors' Asso ciation; or by licensed psychologists, psychiatrists, or physicians and may be that the defendant participate in an appropriate alcohol and drug abuse treatment program."
Section 4. Said title is further amended by adding at the end of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, a new subsection (h) to read as follows:
"(h) No alcohol and drug abuse assessment authorized under divi sion (c)(2)(B)(ii) and division (c)(2)(B)(iii) of this Code section shall cost more than $45.00."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to SB 29 offered by the Senate Committee on Judiciary and Constitutional Law by adding on line 16 of Page 1 after the following:
"assessments;",
the following:
"to provide an effective date;".
By adding between line 4 and line 5 of Page 4 the following:
"Section 5. This Act shall become effective September 1, 1985."

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By striking from line 5 of Page 4 the number "5" and inserting in lieu thereof the number "6".

On the adoption of the amendment, the yeas were 32, nays 1, 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:

Albert Allgood Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Mine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Barker Bowen

Coleman (excused) Harrison

Kennedy (prc Ray

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

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

WEDNESDAY, FEBRUARY 13, 1985

961

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to au thorize the Department of Public Safety to disseminate certain informa tion from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The Senate Committee on Public Safety offered the following substitute to SB 45:

A BILL
To be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving record of certain persons to school systems; to authorize the De partment of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of disseminating such information; to authorize the De partment of Public Safety to charge a fee to defray its actual expenses for disseminating certain information from its records to such governmental agencies or units; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (d) and (f) in their entirety and by adding new subsections (d), (f), and (g) to read as follows:
"(d) Notwithstanding any of the provisions of subsection (c) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, or law enforcement agency or to the driver's licensing agency of another state. The depart ment may also furnish without charge at the written request of a public or private school system a copy of the abstract of any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information. It shall be unlawful for any person who receives an abstract under this sub section to disclose or make any use thereof except in performance of his judicial, quasi-judicial, or school duties.
(f) The department may, upon request, disseminate from its records to the Georgia Crime Information Center and the United States Selec tive Service System compilations of the names, addresses, license num bers, and dates of birth of licensees or applicants for licenses. Such infor mation shall only be used in the fulfillment of the legitimate

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governmental duties of the agency or unit and shall not be further dis seminated to any person, except that the Georgia Crime Information Center may use such information as necessary to carry out its duties under Code Section 35-3-33. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to such govern mental agencies or units and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Except as provided in subsection (f) of this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses."
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:

Albert Allgood Baldwin Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dean English Engram

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

Those voting in the negative were Senators:

Land McGill McKenzie Perry Phillips Ray Scott of 2nd Starr Stumbaugh Timmons Tolleson Trulock Turner

Barnes Bond Dawkins Deal

Langford Peevy Scott of 36th

Those not voting were Senators:

Tate Ty singer Walker

Barker Bowen

Coleman (excused) Howard

Kennedy (presiding) Reddish

WEDNESDAY, FEBRUARY 13, 1985

963

On the adoption of the substitute, the yeas were 40, nays 10, 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:

Albert Allgood Baldwin Barker Brannon Brantley Bryant Burton Cobb Coverdell Dean Engram Fincher

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

Those voting in the negative were Senators:

Land McGill McKenzie Perry Phillips Ray Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Barnes Bond Broun of 46th Brown of 47th

Dawkins Deal Langford Peevy

Those not voting were Senators:

Scott of 2nd Scott of 36th Tate Walker

Bowen Coleman (excused)

English Kennedy (presiding)

Reddish

On the passage of the bill, the yeas were 39, nays 12.

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

Senator Allgood of the 22nd introduced Mr. Richard C. Lazenby, who, having been commended by SR 125 adopted February 7 as the 1984 Georgia Occupational Award of Leadership (GOAL) recipient, briefly addressed the Senate.

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

SB 110. By Senators Howard of the 42nd and Greene of the 26th:
A bill to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgments; to provide an effective date.

The Senate Committee on Human Resources Committee offered the following substitute to SB 110:

A BILL
To be entitled an Act to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgments; to change certain provisions relating to hearings and trials regarding applications for sterilization; 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 31-20-3 of the Official Code of Georgia Anno tated, relating to sterilization of mentally incompetent persons, is amended by striking subsection (c) thereof and inserting in its place a new subsection (c) to read as follows:
"(c) A sterilization procedure may be performed by a physician on a person subject to this Code section pursuant to subsection (d) of this Code section only after satisfaction of all of the following conditions precedent:
(1) A petition shall be filed by one or more of the parents or legal guardian or next of kin of the person alleged to be subject to this Code section stating the reasons why such person is alleged to be subject to this Code section and containing the written consent of the parent or parents not filing the petition, if such parents are surviving, can be found after reasonable effort, and are mentally competent. If no such parent or parents survive or can be found after reasonable effort or if such parent or parents are mentally incompetent, the petition shall contain the writ ten consent of a guardian ad litem who shall be appointed by the probate court and who shall make investigation and report to such court before the hearing shall commence, provided that such guardian ad litem shall be a duly qualified and licensed member of the State Bar of Georgia. The written consent of any parent shall not be required if such parent has not within six months of the date of filing of the petition provided any support or maintenance to the person alleged to be subject to this

WEDNESDAY, FEBRUARY 13, 1985

965

Code section and such parent does not reside within the same household as such person;
(2) The judge of the probate court shall appoint an examining team composed of a psychologist or psychiatrist qualified in the area of mental retardation and brain damage and two physicians, neither of whom is the physician who proposes to perform the sterilization procedure on the per son alleged to be subject to this Code section and neither of whom is a member of the committee of the accredited hospital described in para graph (3) of this subsection. The physicians so appointed shall make an investigation and report to the court before the hearing shall commence that they have examined the person alleged to be subject to this Code section and whether or not they find such person to be a person subject to this Code section and whether, in their opinion, the condition of such person is irreversible and incurable. Such report shall include the reasons and factual information as to why such person should be subject to this Code section and the reasons, if any, why such person would not be sub ject to this Code section. If the examining team determines that such person is subject to this Code section, then the team shall include in its report some of the less permanent methods of preventing conception and shall report on the feasibility of each such method for that person. The person alleged to be subject to this Code section, the applicant, the par ents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceedings, each author of that report shall be present in court for the hearing and shall be subject to cross-examination;
(3) Prior to the hearing on the application, evidence shall be presented to the court that a sterilization procedure has been approved for the person alleged to be subject to this Code section by a committee of the medical staff of the accredited hospital in which the operation is to be performed. Such committee shall be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital staff, the physician proposing to perform the sterilization procedure not being counted as a member of the committee for this purpose. The approval of such committee as above specified shall be based upon a finding that the condition of the person alleged to be subject to this Code section is irre versible and incurable in the opinion of the majority of the committee as above specified. The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attor ney representing the person shall receive a copy of the finding not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceeding, each author of that finding shall be present in court for the hearing and shall be subject to crossexamination;
(4) If the person alleged to be subject to this Code section requests that the hearing be closed to the public, the judge shall close the hearing to the public unless an overriding or compelling reason can be shown as to why such hearing should not be closed to the public. The ruling by the judge whether to open the hearing to the public or not shall be in writing.

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Notice of the date, time, and location of the hearing shall be provided to the person alleged to be subject to this Code section and the attorney for the person alleged to be subject to this Code section at least ten days prior to the hearing;
(5) After the hearing, if the judge of the probate court shall find by clear and convincing evidence, from the evidence above specified, that the person alleged to be subject to this Code section is a person subject to this Code section and that the condition of such person is irreversible and incurable, he shall enter an order and judgment authorizing the physi cian to perform such sterilization procedure in accordance with subsec tion (d) of this Code section;
(6) An appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other inter ested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be ap pealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and
(7) The person alleged to be subject to this Code section shall have the right to counsel at all stages of the proceedings provided for herein."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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967

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond B we " BBrraannntloeny
Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Dean

English Engram Fincher poster Garner Gillis Greene .". arrls
Hlne Holloway Horton Howard Muggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish S,,cott of,, 3_6, th,
Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Scott of 2nd and Tate.

Those not voting were Senators:

Coleman (excused) Deal

Harrison Hudgins

Kennedy (presiding)

On the passage of the bill, the yeas were 49, nays 2.

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

SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiducia ries, so as to authorize fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.
The report of the committee, which was favorable to the 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:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman (excused)

Fincher Holloway

Kennedy (presiding) McKenzie

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

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

SB 113. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to authorize the board to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration.
The Senate Committee on Governmental Operations offered the following substi tute to SB 113:
A BILL
To be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to create the Employee Benefit Plan Council; to provide for the powers and compensation of the members of the council; to authorize the council to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration; to provide for voluntary payroll de duction or salary reduction by the state or county; to authorize the heads of government agencies to determine whether or not their employees shall con-

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969

tinue any flexible program in operation on January 1, 1986; to provide that voluntary payroll deduction or salary reduction plans must be approved by the Employee Benefit Plan Council for any new flexible employee benefit plans initiated after January 1, 1986; to provide that the commissioner of personnel administration shall be the executive officer for the administration of employee benefit plans and the custodian of such fund or funds required in the implementation of the plans; to provide that the commissioner of per sonnel administration shall employ such personnel as may be necessary to carry out his duties and responsibilities; to authorize the commissioner to execute a contract or contracts; to provide for benefits as approved in em ployee benefit plan or plans; to provide that such contracts may be executed with one or more corporations licensed to transact business in this state; to provide for a self-administered plan or plans; to provide for bids; to provide that the various departments, boards, and agencies of state government may contribute to the plan or plans; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to employees' insurance and benefit plans, is amended by ad ding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
45-18-50. As used in this article, the term:
(1) 'Board' means the State Personnel Board.
(2) 'Council' means the Employee Benefit Plan Council established in Code Section 45-18-51.
(3) 'Employee' means a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government or county depart ment of family and children services or a county department of health, exclusive of the members, employees, and officials of the Board of Re gents of the University System of Georgia.
(4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued em ployment environment.
45-18-51. (a) (1) There is created an Employee Benefit Plan Coun cil consisting of the following ten members appointed by the Governor:
(A) The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Board;

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(B) Two department heads who have employees eligible to partici pate in the employee benefit plans, which department heads shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a department head;
(C) Two state employees who are eligible to participate in the em ployee benefit plans, which state employees shall serve for terms of office of four years; provided, however, that the initial term of one of such ap pointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a state employee; and
(D) One member from a corporation domiciled in the State of Geor gia that insures or administers employee benefit plans, which member shall serve for a term of office of four years.
(2) Successors to the members of the council provided in paragraph (1) of this subsection shall have the same qualifications and shall be ap pointed by the Governor for terms of office of four years and until their successors are appointed and qualified. A vacancy on the council shall be filled by the Governor appointing a successor who possesses the same qualifications as his predecessor and who shall serve for the unexpired term.
(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be re imbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those council members who are not in state employ ment, the expense and mileage allowance shall be the same as that au thorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system.
(c) The Governor shall appoint one member to act as chairman for a term specified by the Governor until a successor is duly appointed. The council shall elect one of its members as vice-chairman to act in the ab sence of the chairman. If the office of chairman is vacated for any rea son, the Governor shall appoint a successor.
(d) Meetings of the council shall be scheduled at the discretion of the council chairman and, where feasible, concomitant with the meetings of the State Personnel Board as provided in Chapter 20 of this title. All meetings of the council shall be open to the public.
(e) The council shall adopt procedures for the conduct of its activities.
(f) The commissioner of personnel administration shall serve as ex ecutive secretary to the council and provide the council with staff support and other assistance in carrying out its duties.

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(g) In the promulgation of rules and regulations, the council shall be governed by Chapter 20 of this title.
45-18-52. The Employee Benefit Plan Council is authorized to estab lish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chap ter. The flexible employee benefit plan may provide for deductions for group property and casualty insurance and for deductions or salary re ductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chap ter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Inter nal Revenue Code for the purpose of income tax advantage.
45-18-53. In order to carry out the provisions of the flexible em ployee benefit plan, the head of each department, agency, authority, or county department of health is authorized to deduct or reduce from sal ary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits.
45-18-54. The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any op tional program that is in operation on January 1, 1986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of volun tary designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986.
45-18-55. The commissioner of personnel administration shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of personnel administration shall employ such personnel as may be necessary to carry out his duties and responsibilities under this article.
45-18-56. The commissioner is authorized to execute a contract or contracts to provide the benefits as approved in the plan or plans in ac cordance with this article. Such contract or contracts may be executed with one or more corporations licensed to transact business in this state or the plan or plans may be totally self-administered. Prior to entering into any contract under this Code section, the commissioner shall invite proposals from and allow a reasonable time for qualified corporations or qualified entities to bid on providing approved plan or plans benefits. The commissioner may invite proposals from any qualified entity as in the opinion of the council would desire to accept any part of the benefits authorized by this article.
45-18-57. The various departments, boards, and agencies of the state government may contribute such portions of the cost of such benefits and

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the administration thereof as may be established by the general appropri ations Act."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman (excused)

Engram Fincher

Harrison Kennedy (pre

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 Engram of the 34th introduced Dr. Ferrol Sams, author, who briefly ad dressed the Senate.

WEDNESDAY, FEBRUARY 13, 1985

973

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

SB 134. By Senator Hudgins of the 15th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to provide for the inapplicability of certain powers to boards of health of consoli dated city-county governments; to provide an effective date.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 134 by striking from line 15 of Page 1 the following: "contracts and".

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:

Albert Allgood Baldwin Barker Barnes
Bond Bran " on
BBRrroowunn ooyfff 4^467tth,h, Bryant B urton C0bb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis
Greene Harrison
HH..oi.nl.leoway Horton Howard Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd
SS,,.ctaortrt of 36 Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Harris and Langford.

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Those not voting were Senators:

Bowen Coleman (excused)

Fincher

Tate

Kennedy (presiding)

On the passage of the bill, the yeas were 49, nays 2.

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

SB 140. By Senators McKenzie of the 14th and Turner of the 8th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of 20 years.

The Senate Committee on Banking and Finance offered the following substitute to SB 140:

A BILL
To be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to pro vide that the state revenue commissioner may destroy records relating to such property after a period of seven years; to provide that any claim filed after such seven-year period must be substantiated by the claimant indepen dently of such records; to reduce the period of time after which certain as sets shall be deemed abandoned and delivered to the state revenue commis sioner from 15 years to seven years; to provide for all matters related 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 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," is amended by striking Code Section 44-12-211, relating to claims for property delivered to the state revenue commissioner, and inserting in its place a new Code section to read as follows:
"44-12-211. Any person claiming an interest in any property deliv ered to the state under this article may file a claim to the property or to the proceeds from the sale of the property on the form prescribed by the state revenue commissioner. The state revenue commissioner may, after seven years following the receipt of property, destroy such records related

WEDNESDAY, FEBRUARY 13, 1985

975

to the property as deemed necessary; and after said seven-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records.
Section 2. Said article is further amended by striking Code Section 4412-193, relating to presumption of abandonment of property held by bank ing or financial organizations; Code Section 44-12-194, relating to presump tion of abandonment of property held by insurance corporations; Code Sec tion 44-12-195, relating to presumption of abandonment of property held by utilities; Code Section 44-12-197, relating to presumption of abandonment of intangible personal property distributable in the course of voluntary disso lutions; Code Section 44-12-198, relating to presumption of abandonment of property held by fiduciaries; Code Section 44-12-199, relating to presump tion of abandonment and disposition of property held by public officers and agencies; and Code Section 44-12-200, relating to presumption of abandon ment of intangible personal property not otherwise provided for; and said article is further amended by inserting in the respective places of the forego ing new Code sections to read as follows:
"44-12-193. The following property held or owing by a banking or financial organization is presumed abandoned:
(1) Any demand, savings, or matured time deposit made in this state with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld unless the owner has within seven years:
(A) Increased or decreased the amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(B) Corresponded in writing with the banking organization concern ing the deposit; or
(C) Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization;
(2) Any funds paid in this state toward the purchase of shares or other interest in a financial organization or any deposit made therewith in this state and interest or dividends thereon, excluding any charges that may lawfully be withheld unless the owner has within seven years:
(A) Increased or decreased the amount of the funds or deposit or presented an appropriate record for the crediting of interest or dividends;
(B) Corresponded in writing with the financial organization concern ing the funds or deposit; or
(C) Otherwise indicated an interest in the funds or deposit as evi denced by a memorandum on file with the financial organization;
(3) (A) Any sum payable on checks certified in this state or on writ ten instruments issued in this state, other than traveler's checks, on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, certificates of deposit, and drafts

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that have been outstanding for more than seven years from the date it was payable or from the date of its issuance if payable on demand unless the owner has within seven years corresponded in writing with the bank ing or financial organization concerning it or has otherwise indicated an interest as evidenced by a memorandum on file with the banking or fi nancial organization; and
(B) Any sum payable on traveler's checks issued in this state for which a banking or financial organization is directly liable and which have been outstanding for more than 15 years from the date of issuance unless the owner has within 15 years corresponded in writing with the banking or financial organization concerning the traveler's check or has otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization; and
(4) Any funds or other personal property, tangible or intangible, re moved from a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state on which the lease or rental period has expired due to the nonpayment of rental charges or other rea son or any surplus amounts arising from the sale thereof pursuant to law that have been unclaimed by the owner for more than seven years from the date on which the lease or rental period expired.
44-12-194 (a) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any life insurance corporation which are unclaimed and unpaid for more than seven years after they became due and payable, as established from the records of the corpora tion, under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality ta ble on which the reserve is based unless the person appearing entitled thereto has within the preceding seven years:
(A) Assigned, readjusted, or paid premiums on the policy or sub jected the policy to a loan; or
(B) Corresponded in writing with the life insurance corporation con cerning the policy.
(2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a life insurance corporation shall be presumed aban doned if the last known address, according to the records of the corpora tion, of the person entitled to the funds is in this state. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation.
(b) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any fire, casualty, or surety insurance corpo ration which are unclaimed and unpaid for more than seven years after

WEDNESDAY, FEBRUARY 13, 1985

977

they become due and payable, as established from the records of the cor poration, either to an insured, a principal, or a claimant under any fire, casualty, or surety insurance policy or contract.
(2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a fire, casualty, or surety insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is in this state. If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of such person is known to the corpo ration or if it is not definite and certain from the records of the corpora tion what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation.
(c) Moneys otherwise payable according to the records of the corpo ration are deemed due and payable even if the policy or contract has not been surrendered as required.
44-12-195. The following funds held or owing by any utility are pre sumed abandoned:
(1) Any deposit made by a subscriber with a utility to secure pay ment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the termination of the services for which the deposit or advance payment was made; and
(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds."
"44-12-197. All intangible personal property which is distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of this state or created in this state is presumed abandoned if it is neither claimed by the owner within seven years after the date for final distribu tion nor deposited with the director of the Fiscal Division of the Depart ment of Administrative Services pursuant to the applicable provisions of Chapter 2 or 3 of Title 14.
44-12-198. All intangible personal property and any income or in crement thereon held in a fiduciary capacity for the benefit of another person by one of the following:
(1) A banking organization, a financial organization, or a business association organized under the laws of or created in this state;

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JOURNAL OF THE SENATE

(2) A business association which does business in this state but is not organized under the laws of this state or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in the state; or
(3) Any other person if the property is held in this state,
is presumed abandoned unless the owner within seven years after it be comes payable or distributable has increased or decreased the principal, accepted payment of the principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.
44-12-199. (a) Except as provided in subsection (b) of this Code section, all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the state or a political subdivision thereof is presumed abandoned if it has remained unclaimed by the owner for more than seven years.
(b) All intangible personal property, including, but not limited to, funds or moneys in patient or inmate trust accounts or other accounts, held for or on behalf of any owner who had been a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned.
(c) Any inmate or other person in the custody of the Department of Offender Rehabilitation who escapes, is discharged or paroled, or who dies while in the custody of the Department of Offender Rehabilitation shall be deemed to have abandoned all tangible personal property in the custody of the Department of Offender Rehabilitation which has been held by said department for a period of one year and no valid claim in writing has been made to said department by the owner or the owner's heirs. Such property shall be disposed of by public sale in such manner as the commissioner of the Department of Offender Rehabilitation shall di rect with the proceeds of such sale being deposited in the state treasury. Moreover, the commissioner of the Department of Offender Rehabilita tion shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article.
44-12-200. All intangible personal property not otherwise covered by this article, including any income or increment thereon and deducting any lawful charges, is presumed abandoned if it is held or owing in this state in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven years after it became pay able or distributable."
Section 3. This Act shall apply to reports required to be filed by May 1, 1986, or by November 1, 1986, or thereafter.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 13, 1985

979

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:

Albert Allgood Baldwin Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene Harris Hine Holloway Horton Howard Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brantley Coleman (excused)

Fincher Garner Harrison

Hudgins Kennedy (presiding) Tolleson

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

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

SB 148. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the Department of Transportation to award a contract when only one bid has been received on a project.

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Senator Holloway of the 12th moved that SB 148 be postponed until Monday, February 18.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 148 was postponed until Monday, February 18.
Senator Starr of the 44th assumed the Chair at the direction of Senator Kennedy of the 4th, President Pro Tempore, who was presiding.

SB 165.

By Senators Kennedy of the 4th and Howard of the 42nd:
A bill to amend Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, so as to provide that rules and regulations providing for the screening of public school children for scoliosis shall not require prior approval of parents or legal guardians but shall provide advance written notice of the time of screening.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes owen
D yf u rrownof^h gt Burton Cobb
Coverdell Dawkins Deal Dean

English Foster Garner Gillis Greene Harris
Harrison Hine Horton Hudgins Huggins
Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th Tate Tolleson
Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Coleman (excused) Engram

Fincher Holloway Howard

Starr (presiding) Stumbaugh Timmons

WEDNESDAY, FEBRUARY 13, 1985

981

On the passage of the bill, the yeas were 46, nays 0.

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

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

SB 210.

By Senator Tolleson of the 32nd:
A bill to amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection so as to provide that a person who enters a cave without the express prior written permission of the owner shall be guilty of a misdemeanor.

Senator Tolleson of the 32nd offered the following amendment:

Amend SB 210 by adding on Page 1, line 3 after the word "a" and before the word "cave" the following:
"posted and protected"
and
by adding on Page 2, line 1 after the word "a" and before the word "cave" the following:
"posted and protected".

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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

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

Dawkins Deal Dean Engram Foster Garner Gillis

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Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh
Tate Tolleson Turner Tysinger
Walker

Those not voting were Senators:

Bond Coleman (excused) English

Fincher Greene Kennedy (presiding)

Timmons Trulock

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

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

SR 92. By Senator Phillips of the 9th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that cer tain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall con stitute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end two new subparagraphs to read as follows:
"(c) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section III of this article, revenue bonds issued or other indebtedness incurred by a public authority, agency, or corporation to provide public facilities for a county, municipality, or other political subdivision of this state shall constitute debt of that county, municipality, or political subdi vision within the meaning of this section, if that public facility or any part thereof is used for any of the following purposes:
(1) Courthouse;
(2) City hall;
(3) Administrative or governmental office;

WEDNESDAY, FEBRUARY 13, 1985

983

(4) Jail;

(5) Police station;

(6) Fire station;

(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section III of this article;

(8) School building; or

(9) Any other public facility which is specified by general law as being a 'public facility' within the meaning of this subparagraph.

(d) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power of authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be required to be ap proved by the voters of those political subdivisions?"

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 Urban and County Affairs offered the following substi tute to SR 92:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that cer tain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall con stitute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end two new subparagraphs to read as follows:

"(c) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section III of this article, revenue bonds validated or issued or other in
debtedness incurred by a public authority, agency, or corporation to pro vide public facilities for a county, municipality, or other political subdivi sion of this state shall constitute debt of that county, municipality, or
political subdivision within the meaning of this section, if those bonds are authorized, validated, or issued or that indebtedness is incurred on or
after January 1, 1987, and that public facility or any part thereof is used for any of the following purposes:

(1) Courthouse;

(2) City hall;

(3) Administrative or governmental office;

(4) Jail;

(5) Police station;

(6) Fire station;

(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section III of this article; or

(8) School building.

(d) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be required to be ap proved by the voters of those political subdivisions?"

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."

WEDNESDAY, FEBRUARY 13, 1985

985

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 Phillips of the 9th offered the following substitute to SR 92:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that cer tain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall con stitute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end three new subparagraphs to read as follows:
"(c) Notwithstanding subparagraphs (a) and (b) of Paragraph I of Section III of this article, revenue bonds issued or other indebtedness incurred by a public authority, agency, or corporation to provide public facilities for a county, municipality, or other political subdivision of this state shall constitute debt of that county, municipality, or political subdi vision within the meaning of this section, if that public facility or any part thereof is used for any of the following purposes:
(1) Courthouse;
(2) City hall;
(3) Administrative or governmental office;
(4) Jail;
(5) Police station;
(6) Fire station;
(7) Public health building, except as authorized in subparagraph (c) of Paragraph I of Section III of this article; or
(8) School building.
(d) Notwithstanding subparagraph (c) of this Paragraph, revenue bonds in amounts authorized by law prior to January 1, 1987, may be issued prior to January 1, 1988, by any public authority created by gen eral law prior to January 1, 1981, without constituting debt within the meaning of this section.
(e) Constitutional amendments continued in force and effect pursu ant to Article XI, Section I, Paragraph IV and valid laws enacted pursu ant to such amendments shall continue to be valid as long as so contin ued, notwithstanding the provisions of this Paragraph, and any power or

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authority granted by such amendments or laws shall not be limited by the provisions of this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall constitute debt of those political subdivisions and be required to be ap proved by the voters of those political subdivisions?"

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

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

On the adoption of the substitute to SR 92 offered by the Senate Committee on Urban and County Affairs, the yeas were 0, nays 33, and the committee substitute was lost.

On the adoption of the substitute to SR 92 offered by Senator Phillips of the 9th, the yeas were 34, 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 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:

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

Burton Cobb Coverdell Dawkins Deal Dean Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford McGill

WEDNESDAY, FEBRUARY 13, 1985

987

McKenzie Peev y Sips Ray Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh Tate

Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused) English

Fincher Hudgins

Kennedy (presiding) Timmons

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

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

SR 93. By Senator Scott of the 2nd:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.

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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

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Tolleson Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Bond Coleman (excused)

Hudgins Muggins

Kennedy (presiding) Timmons

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

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

SR 96. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 96 by adding on Page 2, line 16, after the word "RE SOLVED" the following:
"AND ENACTED".

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Mine Holloway

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989

Horton Howard Muggins KLaidndd
Langford McGill McKenzie

Peevy Perry Phillips RRaedydish
Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Tolleson Tlrruulloocckk
Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused)

Greene Hudgins

Kennedy (presiding) Timmons

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

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

The President resumed the Chair.

SR 102. By Senators Bryant of the 3rd, Reddish of the 6th and Perry of the 7th:
A resolution authorizing the conveyance of certain state-owned real prop erty located on St. Simons Island, Glynn County, Georgia, to the Glynn County Board of Commissioners and the acceptance of certain real prop erty from the Glynn County Board of Commissioners located in Glynn County, Georgia, in consideration therefor; authorizing the lease of the real property acquired in the exchange of property with Glynn County to the United States of America.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 102 by adding on Page 5, line 28, after the word "RE SOLVED" the following:
"AND ENACTED".

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 adoption of the resolution as amended, 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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Fincher Foster Gillis Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused) Dawkins

Garner Greene

Hudgins Timmons

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

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

SR 106. By Senator English of the 21st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners; to provide an effective date.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 106 by adding on Page 2, line 6, after the word "RE SOLVED" the following:
"AND ENACTED".

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991

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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

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

Land Langford McGill Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman (excused) Fincher

McKenzie Phillips

Scott of 2nd Timmons

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

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

SB 98. By Senator Barker of the 18th:
A bill to amend Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to controlled burning of woods, lands, marshes, and other areas, so as to require 24 hours' notice prior to lawfully burning woods, lands, marshes, and other areas; to require the forest ranger or

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other employee or official of the forestry unit to notify certain sheriffs and the Department of Public Safety.

The Senate Committee on Natural Resources offered the following substitute to SB 98:

A BILL
To be entitled an Act to amend Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to the controlled burning of woods, lands, marshes, and other areas, so as to require notice prior to lawfully burning woods, lands, marshes, and other areas; to require the forest ranger or other employee or official of the forestry unit to notify a post of the De partment of Public Safety; to require the placement of temporary signs warning motorists of potential hazardous driving conditions which may re sult from such burning; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-6-90 of the Official Code of Georgia Anno tated, relating to controlled burning of woods, lands, marshes, and other ar eas, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 12-6-90 to read as follows:
"12-6-90. (a) Any person, firm, corporation, or association otherwise lawfully entitled to burn any woods, lands, marshes, or any other flam mable or combustible materials or vegetation, whether in cultivated or uncultivated areas, shall prior to such burning give notice of the approxi mate time and location thereof to the forest ranger of the county wherein such burning is to be made or to any other employee or official of the forestry unit serving such county.
(b) Upon receiving such notice, the forest ranger or other employee or official of the forestry unit shall notify the Department of Public Safety of the county in which such burning of 100 acres or more or burns consisting of multiple piles or windrows which will produce smoke for an extended period of time are to take place. Based on the topography of and the predicted weather conditions in the area in which the burning is to occur and based on the type of burning which is to occur, the Depart ment of Public Safety shall determine those public roads or portions thereof upon which hazardous driving conditions may exist as a result of such burning and shall contact the Department of Transportation to en sure that signs are placed on all roads affected, warning motorists of the potential hazards.
(c) Such notice need not be given if, on a sudden emergency, due caution requires firing to render one's premises safe but, in any prosecu tion under this Code section, such act shall constitute an affirmative de fense, the burden of proving which shall rest upon the persons asserting it as a defense.

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993

(d) The notice required by this Code section shall be in addition to any other notice of burning required by law.
(e) Any person who fails to give any notice required in this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Muggins Kennedy Kidd Land

Voting in the negative was Senator Howard.

Those not voting were Senators:

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Coleman (excused) Fincher

Phillips Scott of 2nd

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

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SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uni form Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to pro vide for stays of enforcement and for security pending the stays.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Coleman (excused)

Fincher Greene

Phillips Timmons

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

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

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995

SR 17. By Senator Broun of the 46th:
A resolution creating the Joint Small Businesses in Georgia Study Committee.

Senator Broun of the 46th offered the following substitute to SR 17:

A RESOLUTION
Creating the Joint Small Businesses in Georgia Study Committee; and for other purposes.
WHEREAS, there are currently more than 105,000 small businesses located in the state, which businesses produce more than 40 percent of the gross state product and furnish over 80 percent of the jobs in the private sector; and
WHEREAS, small business is uniquely affected by state and federal laws and regulations and the instability of the economy and has special problems in competing for capital with foreign firms; and
WHEREAS, small business has difficulties developing a fair share of state and federal procurement money and is especially pressed by security costs and wage related benefits and is largely uneducated in newly develop ing matters of business management techniques which are necessary in an ever-changing national and international economy; and
WHEREAS, the health and preservation of small businesses and the development of new small businesses are of vital concern to the state, and every effort should be made to focus on finding and developing solutions to the problems of small businesses in Georgia; and
WHEREAS, small businesses hold significant promise as key factors in promoting economic progress in the State of Georgia and it is only fitting and proper for the General Assembly to study the problems confronting small businesses and to determine what legislative solutions may be availa ble to alleviate such problems; and
WHEREAS, the Governor has recognized this importance through his appointment of the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council on Small and Minority Business and the assignment of the Department of Community Affairs to work with these committees.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is created the Joint Small Businesses in Georgia Study Committee to be composed of five members of the Senate appointed by the President of the Senate and five members of the House of Representatives appointed by the Speaker of the House. The chairman and the vice chairman of the committee shall be elected by the committee at its first meeting which shall be called by the President of the Senate.
BE IT FURTHER RESOLVED that the committee shall serve as the legislative link with the Governor's Small and Minority Business Develop-

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merit Advisory Committee and the Interagency Council on Small and Mi nority Business to study those issues, concerns, and ideas of the small busi ness community which shall recommend those areas that need attention and action by the General Assembly, other branches of state government, and the private sector of the economy. The committee shall also work with the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council of Small and Minority Business in developing the program for the Governor's Conference on Small and Minority Business. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The committee may seek assistance and support from units of the University System of Georgia from the Department of Community Affairs which is serving as staff to the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council on Small and Minority Business, and from other agencies of the state. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds neces sary to carry out the provisions of this resolution shall come from 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 1, 1985, at which time the committee shall stand abolished.

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

The report of the committee, which was favorable to the 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins

Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

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997

Tolleson Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Brantley Coleman (excused)

Fincher Holloway

Phillips 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.

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 160.

By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, re lating to conservation and natural resources, so as to provide that the commissioner of natural resources may delegate his power to serve on certain associations, authorities, committees, boards, or other bodies.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th

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Starr Stumbaugh Tate

Tolleson Trulock Turner

Tysinger Walker

Those not voting were Senators:

Brannon Brantley

Coleman (excused) Fincher

Phillips Timmons

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

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

HR 52. By Representatives Argo of the 68th, Stancil of the 66th, Copelan of the 106th and others: A resolution designating the Antebellum Trail.
Senate Sponsor: Senator Broun of the 46th.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

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

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 13, 1985

999

Those not voting were Senators:

Brantley Coleman (excused) Fincher

Hudgins Phillips

Tate Timmons

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

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

HB 96. By Representatives Walker of the 115th, Rainey of the 135th and Godbee of the 110th:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to the powers of the department, so as to authorize the department to develop and issue an official waterfowl stamp for the State of Georgia.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th
Bryant Burton Cobb Coverdell Dawkins Deal Dean English

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

McGill McKenzie
Peevy Perry
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Brannon Brantley

Coleman (excused) Fincher

Phillips Timmons

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

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

Serving as doctor of the day today was Dr. John Atha of Rockmart, 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 12:30 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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1001

Senate Chamber, Atlanta, Georgia Thursday, February 14, 1985 Twenty-third Legislative Day

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

Senator Garner of the 30th reported that the Journal of yesterday's proceedings had been read and found correct.

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

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

Mr. President:

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

HB 174.

By Representative Evans of the 84th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to delete the require ment of prior shareholder approval for the issuance of rights or options to purchase shares to directors, officers, or employees of a corporation; to restate the exception to preemptive rights for such rights or options that receive shareholder approval.

HB 331.

By Representative Milford of the 13th:
A bill to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employ ment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings.

HB 462.

By Representatives Hanner of the 131st, Chambless of the 133rd, Rich ardson of the 52nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to reenact Article 3 thereof, relating to criminal records checks and determinations based thereon for certain centers, homes, and institutions which care for children.

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HB 495.

By Representatives Rainey of the 135th, Phillips of the 120th, Walker of the 115th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation; to provide for the establishment of nongame wildlife conserva tion programs and wildlife habitat acquisition programs by the Depart ment of Natural Resources.

HB 506.

By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms.

HB 542.

By Representative Chambless of the 133rd:
A bill to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to au thorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions.

HB 566.

By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wines; to provide for the regulation of the quality and safety of wines produced within this state for sale within this state.

HB 567.

By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, so as to provide for sales by farm wineries at retail; to provide for sales by farm wineries at wholesale.

HB 651.

By Representative Davis of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions of the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.

HB 722.

By Representatives Martin of the 60th, Wall of the 61st, Barnett of the 59th and Bannister of the 62nd:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

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1003

HB 733.

By Representative Patten of the 149th:
A bill to amend an Act creating a new board of education of Lanier County, so as to change the provisions relating to the election of mem bers of the board of education.

HB 749.

By Representative Yeargin of the 14th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the terms of said court; to change the provisions relating to the salaries of the judge and solicitor; to change the provisions relating to the clerk.

HB 750.

By Representative Greene of the 130th:
A bill to amend an Act abolishing the method of compensating the sher iff of Stewart County known as the fee system and providing in lieu thereof an annual salary, so as to change provisions relating to the com pensation of the sheriff.

HB 751.

By Representative Greene of the 130th:
A bill to amend an Act abolishing the mode of compensating the clerk of the superior court and the judge of the probate court in Stewart County known as the fee system, so as to change provisions relating to the com pensation of such officers.

HB 752.

By Representative Greene of the 130th:
A bill to amend an Act increasing the compensation of the tax commis sioner of Stewart County, so as to change provisions relating to the com pensation of the tax commissioner.

HB 756.

By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Treutlen County Development Authority and the powers and ad ministration of the authority.

HB 758.

By Representative Jackson of the 65th:
A bill to amend an Act providing for a change in the compensation of certain Walton County officers, so as to change the expense allowance of the chairman of the board of commissioners.

HB 759.

By Representative Jackson of the 65th:
A bill to amend an Act creating a board of commissioners of Walton County, so as to change the compensation of the members of the board.

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HB 760.

By Representatives Thomas of the 69th and Lee of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Carrollton Payroll Development Authority as a constitutional body and a public corporation.

HB 766.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act authorizing the Board of Commissioners of Henry County to assess and collect license fees upon certain business ac tivities conducted within Henry County, so as to provide authority for an excise tax on racetracks and activities at racetracks located within the unincorporated area of Henry County; to provide for enforcement.

HB 767.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Henry County Development Authority.

HB 768.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the elec tion, terms of office and compensation of the Board of Education of Henry County.

HB 769.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change provisions relating to authority members hold ing other public offices.

HB 770.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing Henry County to incur an additional bonded indebtedness for water and sewerage purposes and evidence same by the issuance of general ob ligation bonds in an amount not to exceed 7 percent of all property within the county subject to taxation for bond purposes.

HB 771.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the governing authority of Henry County or of municipalities therein to provide for the exemption from all ad valorem taxation of tan gible personal property stored for or in transit to a destination outside the state.

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HB 772.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the governing authority of Henry County to levy a tax not to ex ceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment of revenue bonds issued by the county and the Henry County Water Authority.

HB 773.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Henry County.

HB 774.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to require the board to have published monthly financial statements and a yearly audit statement.

HB 778.

By Representative Balkcom of the 140th:
A bill to abolish the present mode of compensating the clerk of the Supe rior Court of Early County, known as the fee system; to provide in lieu thereof an annual salary.

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

HR 112.

By Representatives Foster of the 6th, Williams of the 6th and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned property in the City of Dalton, Whitfield County, Georgia.

HR 170.

By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution creating the Local Constitutional Amendments Overview Committee.

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

SB 158. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provi sions relating to issuance of grain dealers' licenses; to provide for annual

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renewal of such licenses; to provide for the immediate revocation of li censes by operation of law under certain circumstances.

SB 159. By Senators McGill of the 24th, Turner of the 8th, Ray of the 19th and others:
A bill to amend Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the date on which warehouse licenses expire; to provide for the immediate revocation of licenses by operation of law under certain cir cumstances; to change the provisions relating to actions on bonds.

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

SR 6. By Senator Kidd of the 25th:
A resolution authorizing and directing the Department of Transportation to designate the U.S. Highway 129 bridge crossing the Little River, south of Eatonton, Georgia, as the Horace "Gus" Layson Memorial Bridge.

SR 33. By Senator Fincher of the 54th: A resolution designating the I.M. Peeples Memorial Bridge.

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

SB 233. By Senator Howard of the 42nd:
A bill to amend Code Section 49-6-61 of the Official Code of Georgia Annotated, relating to definitions regarding community care and services for the elderly, so as to change certain limitations regarding which enti ties may be lead agencies.
Referred to Committee on Human Resources.

SB 234. By Senator Baldwin of the 29th:
A bill to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for prac tices and procedures.
Referred to Committee on Judiciary.

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SB 235. By Senator Deal of the 49th:
A bill 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.
Referred to Committee on Insurance.

SB 236. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, as amended, so as to provide for the membership of the board of commissioners; to provide for election districts; to provide for elections; to provide for a chairman and a vice-chairman; to provide for current mem bers; to provide for submission under the federal Voting Rights of 1965.
Referred to Committee on Urban and County Affairs.

SR 237. By Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd:
A bill to provide for the creation of one or more community improvement districts in Cobb County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to pro vide for the appointment and election of members of said boards.
Referred to Committee on Urban and County Affairs.

SB 238. By Senators Tate of the 38th, Deal of the 49th, Starr of the 44th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other school personnel, so as to change the provisions relative to the accumulation of unused sick leave.
Referred to Committee on Education.

SB 239. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide for postjudgment discovery in aid of judgments in the magistrate court; to provide that such postjudgment discovery may be obtained in aid of a judgment or execution of the magistrate court.
Referred to Committee on Judiciary.

SB 240. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass

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when he intentionally damages any property of another without his con sent and the damage thereto is $250.00 or less.
Referred to Committee on Judiciary.

SR 145. By Senators Perry of the 7th, Baldwin of the 29th, Cobb of the 28th and others:
A resolution urging the President and Congress to take action necessary to moderate the growth of textile and apparel imports.
Referred to Committee on Economic Development and Tourism.

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

HB 174. By Representative Evans of the 84th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to delete the require ment of prior shareholder approval for the issuance of rights or options to purchase shares to directors, officers, or employees of a corporation; to restate the exception to preemptive rights for such rights or options that receive shareholder approval.
Referred to Committee on Judiciary.

HB 331. By Representative Milford of the 13th:
A bill to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employ ment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings.
Referred to Committee on Industry and Labor.

HB 462. By Representatives Hanner of the 131st, Chambless of the 133rd, Rich ardson of the 52nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to reenact Article 3 thereof, relating to criminal records checks and determinations based thereon for certain centers, homes, and institutions which care for children.
Referred to Committee on Children and Youth.

HB 495.

By Representatives Rainey of the 135th, Phillips of the 120th, Walker of the 115th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation; to provide for the establishment of nongame wildlife conserva-

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tion programs and wildlife habitat acquisition programs by the Depart ment of Natural Resources.
Referred to Committee on Natural Resources.

HB 506. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms.
Referred to Committee on Industry and Labor.

HB 542. By Representative Chambless of the 133rd:
A bill to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to au thorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions.
Referred to Committee on Judiciary.

HB 566. By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wines; to provide for the regulation of the quality and safety of wines produced within this state for sale within this state.
Referred to Committee on Consumer Affairs.

HB 567. By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, so as to provide for sales by farm wineries at retail; to provide for sales by farm wineries at wholesale.
Referred to Committee on Consumer Affairs.

HB 651. By Representative Davis of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions of the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.
Referred to Committee on Judiciary.

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HR 112. By Representatives Foster of the 6th, Williams of the 6th and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned property in the City of Dalton, Whitfield County, Georgia.
Referred to Committee on Public Utilities.

HR 170. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution creating the Local Constitutional Amendments Overview Committee. Referred to Committee on Rules.

HB 722. By Representatives Martin of the 60th, Wall of the 61st, Barnett of the 59th and Bannister of the 62nd:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 733. By Representative Patten of the 149th:
A bill to amend an Act creating a new board of education of Lanier County, so as to change the provisions relating to the election of mem bers of the board of education.
Referred to Committee on Urban and County Affairs.

HB 749. By Representative Yeargin of the 14th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the terms of said court; to change the provisions relating to the salaries of the judge and solicitor; to change the provisions relating to the clerk.
Referred to Committee on Urban and County Affairs.

HB 750. By Representative Greene of the 130th:
A bill to amend an Act abolishing the method of compensating the sher iff of Stewart County known as the fee system and providing in lieu thereof an annual salary, so as to change provisions relating to the com pensation of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 751. By Representative Greene of the 130th:
A bill to amend an Act abolishing the mode of compensating the clerk of the superior court and the judge of the probate court in Stewart County known as the fee system, so as to change provisions relating to the com pensation of such officers.
Referred to Committee on Urban and County Affairs.

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HB 752. By Representative Greene of the 130th:
A bill to amend an Act increasing the compensation of the tax commis sioner of Stewart County, so as to change provisions relating to the com pensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 756. By Representative Phillips of the 120th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Treutlen County Development Authority and the powers and ad ministration of the authority.
Referred to Committee on Urban and County Affairs.

HB 758. By Representative Jackson of the 65th:
A bill to amend an Act providing for a change in the compensation of certain Walton County officers, so as to change the expense allowance of the chairman of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 759. By Representative Jackson of the 65th:
A bill to amend an Act creating a board of commissioners of Walton County, so as to change the compensation of the members of the board.
Referred to Committee on Urban and County Affairs.

HB 760. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Carrollton Payroll Development Authority as a constitutional body and a public corporation.
Referred to Committee on Urban and County Affairs.

HB 766. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act authorizing the Board of Commissioners of Henry County to assess and collect license fees upon certain business ac tivities conducted within Henry County, so as to provide authority for an excise tax on racetracks and activities at racetracks located within the unincorporated area of Henry County; to provide for enforcement.
Referred to Committee on Urban and County Affairs.

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HB 767. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Henry County Development Authority.
Referred to Committee on Urban and County Affairs.

HB 768. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the elec tion, terms of office and compensation of the Board of Education of Henry County.
Referred to Committee on Urban and County Affairs.

HB 769. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change provisions relating to authority members hold ing other public offices.
Referred to Committee on Urban and County Affairs.

HB 770. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing Henry County to incur an additional bonded indebtedness for water and sewerage purposes and evidence same by the issuance of general ob ligation bonds in an amount not to exceed 7 percent of all property within the county subject to taxation for bond purposes.
Referred to Committee on Urban and County Affairs.

HB 771. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the governing authority of Henry County or of municipalities therein to provide for the exemption from all ad valorem taxation of tan gible personal property stored for or in transit to a destination outside the state.
Referred to Committee on Urban and County Affairs.

HB 772. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to author izing the governing authority of Henry County to levy a tax not to ex ceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment of revenue bonds issued by the county and the Henry County Water Authority.
Referred to Committee on Urban and County Affairs.

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1013

HB 773. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Henry County.
Referred to Committee on Urban and County Affairs.

HB 774. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a board of commissioners of Henry County, so as to require the board to have published monthly financial statements and a yearly audit statement.
Referred to Committee on Urban and County Affairs.

HB 778. By Representative Balkcom of the 140th:
A bill to abolish the present mode of compensating the clerk of the Supe rior Court of Early County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 229. Do pass by substitute. HB 265. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

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

SB 136. Do pass by substitute. SB 137. Do pass by substitute.

SB 138. Do pass by substitute. SB 216. Do pass by substitute.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

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Mr. President:

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

HB 77. HB 190. HB 194.

Do pass as amended. Do pass. Do pass.

HB 255. Do pass. HB 379. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 60. Do pass by substitute. SB 131. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

HB 92. HB 119. HB 231.

Do pass. Do pass. Do pass.

HB 240. Do pass. HB 311. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

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1015

SB 191. Do pass by substitute. Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 90. Do pass as amended. HB 448. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

SB 217. HB 189. HB 267.

Do pass. Do pass as amended. Do pass.

Respectfully submitted,

Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:
SB 114. Do pass. SB 181. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

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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 617. Do pass. HR 90. Do pass.

HR 91. Do pass as amended. HR 111. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendation:
SR 95. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 228. Do pass. HB 51. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 226. SB 230. HB 135.

Do pass. Do pass. Do pass.

HB 327. HB 532. HB 541.

Do pass. Do pass. Do pass.

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1017

HB 550. HB 554. HB 576. HB 580. HB 581.

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

HB 588. HB 671. HB 707. HB 726.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 57. By Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd and others:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of commit ting a theft of any controlled substance, such person violates Code Sec tion 16-8-41, relating to armed robbery; to provide penalties.

SB 169. By Senator Greene of the 26th:
A bill to amend Code Section 1-3-1 of the Official Code of Georgia An notated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 911-6 of the Official Code of Georgia Annotated, relating to time compu tations, so as to provide that such computations shall be made according to Code Section 1-3-1.

SB 202. By Senators Bryant of the 3rd, Kennedy of the 4th and Perry of the 7th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force.

SB 204. By Senator Hudgins of the 15th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and de ceptive acts or practices in insurance, so as to prohibit insurers from re fusing or refusing to continue to insure an individual, limiting coverage to an individual, or charging an individual a different rate for coverage solely because the individual is blind or partially blind.

SB 205. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial

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JOURNAL OF THE SENATE

Association, so as to change the membership of the association; to pro vide effective dates.

SB 213.

By Senators Bryant of the 3rd and Perry of the 7th:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director".

SB 220.

By Senators Horton of the 17th and Tysinger of the 41st:
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia.

SR 118. By Senators Perry of the 7th, Bryant of the 3rd, McKenzie of the 14th and others:
A resolution creating the Corridor Z Highway Name Study Committee.

SR 130. By Senators Hudgins of the 15th, Allgood of the 22nd, Brannon of the 51st and others:
A resolution relative to Budget Director David Stockman's remarks con cerning the military pension system.

HB 69. By Representatives Robinson of the 58th, Johnson of the 72nd and Jack son of the 65th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," so as to change the content of public offering statements.

HB 94. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill 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 extend the time period during which the sale of solar energy equipment is exempt.

HB 99. By Representative Greer of the 39th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, so as to

THURSDAY, FEBRUARY 14, 1985

1019

allow the manufacture, sale, and transportation of such other equipment, devices, or other materials used in lotteries conducted by other states or foreign countries.

HB 306.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to delete the definition of the term "wild animal dealer"; to provide a definition of "wild animal business"; to com bine the wild animal dealer and exhibition licenses and to set a fee of $200.00 for the combined license; to allow the imposition of conditions on wild animal licenses.

HB 357.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Insurance Commis sioner may require insurers to provide reports regarding product liability insurance covering risks located in this state.

HB 358.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, con tracts of indemnity, and self-insurance programs for public officers and employees, so as to provide that the Georgia Correctional Industries Ad ministration shall be authorized, in its discretion, to participate as an insured entity in any program of self-insurance administered by the com missioner of administrative services.

HB 437.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Code Section 7-3-6 of the Official Code of Georgia An notated, relating to exemptions from the provisions of the "Georgia In dustrial Loan Act," so as to provide for an express exemption for certain colleges and universities.

HB 438.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solici tation Sales Act," so as to provide an express exemption for certain col leges and universities.

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HB 475.

By Representatives Walker of the 115th, Murphy of the 18th and Mc Donald of the 12th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fis cal Year 1984-85.

HB 502.

By Representatives Yeargin of the 14th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Author ity Act," so as to change the definition of the term "bond" and the "lend ing institution" to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family resi dential housing program.

HR 15. By Representatives Adams of the 36th, Richardson of the 52nd, Home of the 103rd and Bolster of the 30th:
A resolution creating a Joint Urban County and Municipal Study Committee.

HR 20. By Representatives Hooks of the 116th and Walker of the 115th:
A resolution authorizing and directing the Department of Natural Re sources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh.

HR 50. By Representatives Triplet! of the 128th, Murphy of the 18th, Argo of the 68th and Lee of the 72nd:
A resolution providing for the designation of the "Zell Miller Corporate Conference Center" of the Georgia World Congress Center.

HR 100. By Representatives Phillips of the 102nd and Murphy of the 18th: A resolution designating "Garden Week" in Georgia.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins

Deal English Engram Foster Garner Gillis Greene

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1021

Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd

Land McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not answering were Senators:

Barnes Coleman (excused) Coverdell Dean

Fincher Howard Hudgins Langford

Phillips Timmons Trulock

Senator Brantley of the 56th introduced the chaplain of the day, Father Bob John son, pastor of the Holy Innocents Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following resolutions of the Senate were read and adopted:

SR 142.

By Senators Broun of the 46th and Foster of the 50th:
A resolution inviting Coach Vince Dooley, the seniors from the Univer sity of Georgia's 1984 football team, Georgia mascot UGA, Sonny Sel ler, and Christopher L. Vickery to appear before the Senate.

SR 146.

By Senator Brannon of the 51st:
A resolution commending the citizens of Gilmer and Fannin Counties who have worked for a joint Gilmer-Fannin County animal shelter.

SR 147. By Senators Garner of the 30th, Kennedy of the 4th, Bryant of the 3rd and others:
A resolution commending Ms. Farris Freeman.

SR 148. By Senator Foster of the 50th: A resolution commending Mr. Frank L. Carter.

Senator Deal of the 49th moved that the following bill of the House be withdrawn

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from the Senate Committee on Children and Youth and committed to the Senate Com mittee on Judiciary:

HB 83. By Representatives Chambless of the 133rd, Thomas of the 69th, Evans of the 84th and others:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental power and control over children and the recovery for the homicide of a child, so as to provide that actions to re cover the full value of the life of a child shall be brought as provided in Chapter 4 of Title 51.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 83 was withdrawn from the Senate Committee on Children and Youth and committed to the Senate Committee on Judiciary.

Senator English of the 21st moved that the following bill of the House be with drawn from the Senate Committee on Human Resources and committed to the Senate Committee on Interstate Cooperation:

HB 199.

By Representative Bishop of the 94th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative ar rangements with other states.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 199 was withdrawn from the Senate Committee on Human Resources and committed to the Senate Committee on Interstate Cooperation.

Senator Brannon of the 51st moved that the following bill of the Senate be with drawn from the Senate Committee on Judiciary and committed to the Senate Commit tee on Public Safety:

SB 63. By Senator Brannon of the 51st:
A bill to amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that under certain conditions the motor vehicle of a person convicted of certain offenses relating to driving under the influence of alcohol or drugs shall be declared contraband and subject to forfeiture to the State.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 63 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety.

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1023

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Thursday, February 14, 1984
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 218 Dawkins, 45th Rockdale County
Amends Act placing sheriff of said county upon an annual salary; autho rizes sheriff to appoint such deputies, clerks, investigators, and other em ployees as he shall deem necessary to assist him in discharging the offi cial duties of his office.

HB 420

Bryant, 3rd Reddish, 6th City of Brunswick Glynn County
Creates Brunswick-Glynn County Charter Commission; extends time within which said commission shall complete its work; changes references to electors to qualified voters; changes manner in which the votes shall be counted in referendum election held for approval or rejection of a pro posed charter.

HB 421

Bryant, 3rd Reddish, 6th Glynn County
Amends Act placing clerk of Superior Court and judge of Probate Court on annual salary; changes provisions relative to personnel of clerk of Su perior Court.

HB 593 Bowen, 13th Crisp County
Relates to authority to issue revenue bonds under certain conditions with out an election for electric generation, transmission, and distribution sys tems.

HB 594 Bowen, 13th Crisp County
Relates to authorizing an increase in bonded indebtedness for hydro-elec tric power purposes and to building, constructing, equipping, and operat-

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JOURNAL OF THE SENATE

ing dams and plant for manufacture and generation of water power and electric current.

HB 621

Bowen, 13th City of Ashburn Turner County
Continues in force and effect, amendment which relates to authorizing city to levy a tax not to exceed one mill for the purpose of creating fund to be used in assisting promoting and encouraging location of any indus tries.

HB 682 McKenzie, 14th Schley County
To create Schley County Airport Authority, to declare purposes and objectives of this Act.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon
BBroun %of A46Mth BBrroywannt of 47th
Burton Cobb Coverdell Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison
HHo"l^loway HHoowrtoanrd
Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips ^ay Reddish
Soco^tt o<f 2nd fSctuomtt bafugh
Tate Tolleson Trulock Turner Tysinger Walker

Bowen Coleman (excused)

Dawkins Fincher

Starr Timmons

THURSDAY, FEBRUARY 14, 1985

1025

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calender, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Thursday, February 14, 1985
TWENTY-THIRD LEGISLATIVE DAY
HB 97 Election Board--receive per diem same as General Assembly mem bers (Gov Op--25th)
SR 47 Public Initiative--provide (SUBSTITUTE) (Gov Op--55th)
HB 31 Board of Regents Employee--may serve on certain foundation boards (H Ed--54th)
HB 32 Water Well Standards Act of 1976--provide new title (SUBSTI TUTE) (Nat R--20th)
HB 112 Speech Pathologists, Audiologists--revise laws relating to (AMEND MENT) (Hum R--42nd)
HB 153 Discharge of Hazardous Materials--immunity for assistance in miti gating (Nat R--20th)
HB 168 Hazardous Waste Management Act--redefine "hazardous, solid waste" (Nat R--20th)
HB 257 Claims Advisory Board--clarification of those not allowed to make claim (U&CA G--8th)
SR 8 Staffing in Mental Health Facilities Joint Study Committee--create (Rules--25th)
HB 587 Building Authority--entering into contracts for use of structures (Approp--44th)
HR 18 The Atlas of Georgia--designate as official state atlas (H Ed--54th)
SB 35 Driver Improvement Clinics--agreements with other jurisdictions (SUBSTITUTE) (Judy--25th)
HB 372 Residential and Family Farm Mortgages--redefine certain terms (U&CA G--9th)
HB 4 Appropriations 1984-85--change (Approp--44th)
SB 149 General Assembly Members--travel allowance to Capitol (SUBSTI TUTE) (Approp--12th)
SB 199 Tax Collectors, Commissioners--minimum salaries (Gov Op--30th)
HB 75 County Tax Receiver, Collector, Commissioner--qualifications (Gov Op--25th)
SR 94 Joint Public Utility Rate-making Process Study Committee--create (Rules--2nd)

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HB 177 Obscene Telephone Recording--prohibit (Judy--29th)
SB 170 Medical Malpractice--change provisions on limitations of actions (J&CL--26th)
HR 21 Archie L. Lindsey Memorial Bridge--designate (AMENDMENT) (Trans--56th)
HR 24 Walter A. Scott Memorial Bridge--designate (Trans--33rd)
HB 132 Certificate of Title--previous owner not necessary on certain applica tions (Trans--12th)
HB 133 Vehicle Registration Certificate--replacement provisions (Trans--12th)
HB 128 Political Subdivision Officers--no part of salary for political purposes (U&CA G--56th)
HB 37 Forsyth County Superior Court--change court terms (Judy--49th)
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 97. By Representative Bray of the 91st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that members of the State Election Board shall receive a per diem equal in amount to the per diem received by members of the General Assembly.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine

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Holloway Horton Howard
s
Eedy
Land Langford

McGill peevy perry
Phillips
Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate
Tolleson
Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Fincher

McKenzie

Timmons

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the Senate, having been read the third time on February 12 and postponed until February 13, was put upon its adoption:

SR 47. By Senators Stumbaugh of the 55th, Barnes of the 33rd, Trulock of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.

The Senate Committee on Governmental Operations offered the following substi tute to SR 47:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XL
Paragraph I. Power vested in the people. Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, by initiative petition, to enact or reject statutes and amendments to statutes and amendments to the Constitution at the polls, provided that any such proposed statute, amendment to a statute, or amendment to the Constitution has first been introduced in the Gen eral Assembly and the General Assembly has rejected or failed to act on such proposed statute, amendment to a statute, or amendment to the Constitution within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initiative petition process provided for in this section. The people, through the initiative petition, shall have the power to make all laws con sistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the state.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. Af ter an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provi sions shall not be submitted to the people at the next two general elections.
Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. A person who has signed a petition may strike his or her name from the petition at any time prior to the presenta tion of the petition to the Secretary of State. The petition may consist of more than one document, but each document shall contain only the sig natures of persons residing in the same county and shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
Any person who signs a name other than his or her own on a peti tion, or who knowingly signs his or her name more than once for the same proposition at one election, or who signs a petition knowing that he or she is not a qualified registered elector shall be guilty of a misde meanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preced ing sentence.
Paragraph II. Initiative petitions proposing amendments to the Constitution. An initiative petition proposing an amendment to the Con-

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stitution shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the total number of registered voters signing the initiative petition shall be equal to 15 percent or more of the total number of voters within the state who voted for the candidates for the office of Governor in the last preceding guber natorial election. The initiative petition shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RE SOLVED BY THE PEOPLE OF THE STATE OF GEORGIA.' An initiative petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter differ ent from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolution proposing the amendment which was introduced into the Gen eral Assembly and which is the subject of the initiative.
Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disap proval of such amendment may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall pro vide the election officials of each county with a certified copy of the peti tion or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures ap pear on the petition, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submit ted. Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed amendments.

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The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amendments to the Constitution, shall be applicable to amendments proposed by initiative petition, except that any amendment affecting taxation or relating to the raising of revenue shall become effective on the first day of the nineteenth month following its ratification. Except for the enacting clause, such proposed amendment to the Constitution shall be identical in wording to a resolution proposing an amendment to the Constitution or any version thereof, which has been previously introduced into the General Assembly, either as an original resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative petitions proposing statutes and amend ments to statutes. An initiative petition proposing a statute or an amend ment to a statute shall be signed in each congressional district by a num ber of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, but the to tal number of registered voters within the state signing the initiative peti tion shall be equal to 15 percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preced ing gubernatorial election. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or section of the O.C.G.A. shall be amended or repealed by mere reference to its title or to the number of the section of the O.C.G.A., but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identical in wording to a bill or resolution, or any version thereof, which has been previously introduced into the General Assembly, either as an original bill or resolution or as a committee or floor substitute to a bill or resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signa tures appear on the petition. If the petition contains less than the re quired number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signa tures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If

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any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certi fies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of regis tered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate por tions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the neces sary number of signatures appear on the petition. If an insufficient num ber of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the peti tion, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preced ing the date of the election at which such proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney Gen eral, and the Governor, shall examine each statute and each amendment to a statute proposed by an initiative petition and shall adopt language to appear on the ballot which shall adequately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:

"[ ] YES [ ] NO

Shall the Act. ............ .be enacted by the people and become the law of the State of Georgia?"

All persons desiring to vote in favor of such proposed statute becom ing the law of the state shall vote 'Yes' and those persons desiring to vote against the proposed statute becoming the law of the state shall vote 'No.' It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a major ity of the voters voting on such question at such election vote for approval of such proposed statute or amendment to a statute, it shall become law and take effect on the thirtieth day following the election, except that any proposed statute or amendment to a statute which affects taxation or relates to the raising of revenue shall become effective on the first day of the nineteenth month following the election. An initiative measure ap proved by the voters shall not be amended, annulled, repealed, set aside, or suspended by the legislature within two years from the date it takes effect. If a majority of such voters vote for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.

Paragraph IV. Provisions of section self-executing; legislative proce-

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dures. The provisions of this section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the people of the State of Georgia shall have the power
to enact or reject, by initiative petition, statutes and amendments to statutes and amendments to the Consti tution; to provide procedures and restrictions connected therewith; to provide exceptions; and to provide that the provisions shall be self-executing?"

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 Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SR 47 offered by the Senate Committee on Governmental Operations by striking on lines 21-24 on Page 9 the sentence which reads as follows:
"An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside, or suspended by the legislature within two years from the date it takes effect."

On the adoption of the amendment, the yeas were 36, nays 3, and the amendment offered by Senator Stumbaugh of the 55th was adopted.

Senators Scott of the 2nd and Broun of the 46th offered the following amendment:

Amend the substitute to SR 47 offered by the Senate Committee on Governmental Operations by striking line 3 of Page 2 in its entirety and inserting in lieu thereof the following:
"process provided for in this section; and provided, further, that no measure which reduces state tax revenues shall be acted upon by initia tive petition. The people,".

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On the adoption of the amendment, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bowen Broun of 46th Brown of 47th Bryant Cobb Dawkins Dean English

Engram Garner Harris Hine Holloway Kennedy Kidd Langford McGill

McKenzie Peevy Scott of 2nd Scott of 36th Starr Timrnons Trulock Walker

Those voting in the negative were Senators:

Albert Allgood Barker Barnes Bond Brannon Brantley Burton Coverdell Deal

Foster Gillis Greene Harrison Horton Howard Hudgins Huggins Land

Perry Phillips Ray Reddish Stumbaugh Tate Tolleson Turner Tysinger

Not voting were Senators Coleman (excused) and Fincher.

On the adoption of the amendment, the yeas were 26, nays 28, and the amend ment offered by Senators Scott of the 2nd and Broun of the 46th was lost.

Senators Scott of the 2nd and Broun of the 46th offered the following amendment:

Amend the substitute to SR 47 offered by the Senate Committee on Governmental Operations by striking line 19 of Page 3 in its entirety and inserting in lieu thereof the following:
"office of the President of the United States in the last preceding presidential".
By striking lines 24 and 25 of Page 3 in their entirety and inserting in lieu thereof the following:
"the candidates for the office of President of the United States in the last preceding presidential election. The initiative".

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By striking lines 15 and 16 of Page 6 in their entirety and inserting in lieu thereof the following:
"candidates for the office of President of the United States in the last preceding presidential election in that congressional".
By striking line 21 of Page 6 in its entirety and inserting in lieu thereof the following:
"President of the United States in the last preceding presidential election."
On the adoption of the amendment, the yeas were 46, nays 1, and the amendment offered by Senators Scott of the 2nd and Broun of the 46th was adopted.
On the adoption of the substitute, the yeas were 30, nays 20, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Brantley Burton Coverdell Deal Engram

Foster Greene Harrison Horton Howard Hudgins Kidd Land Langford

Those voting in the negative were Senators:

Phillips Reddish Starr Stumbaugh Tolleson Trulock Turner Tysinger

Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Dawkins Dean

English Garner Gillis Harris Hine Holloway Huggins Kennedy McGill

McKenzie Peevy Perry Ray Scott of 2nd Scott of 36th Tate Timmons Walker

THURSDAY, FEBRUARY 14, 1985

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Not voting were Senators Coleman (excused) and Fincher.

On the adoption of the resolution, the yeas were 26, nays 28.

The resolution, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

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 31. By Representatives Buck of the 95th, Logan of the 67th, Lane of the 111th and others:
A bill to amend Code Section 45-10-23 of the O.C.G.A., relating to con flicts of interest in connection with full-time employees transacting busi ness with their employing agencies, so as to authorize full-time employees of the Board of Regents of the University System of Georgia to serve as members of the governing boards of private nonprofit, educational, ath letic, or research related foundations and associations.
Senate Sponsors: Senators Fincher of the 54th 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coverdell Deal Dean Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

Huggins Kidd Land McGill Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson

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Trulock Turner

Tysinger

Walker

Those not voting were Senators:

Coleman (excused) Dawkins English Fincher

Hudgins Kennedy (presiding) Langford

McKenzie Scott of 2nd Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 32. By Representative Long of the 142nd:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Offi cial Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following substitute to HB 32:

A BILL
To be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Stan dards Act of 1976," relating to water wells, so as to provide a new short title; to provide for legislative intent; to define additional terms; to rename and change the membership and procedures of the State Water Well Stan dards Advisory Council; to provide additional powers and duties for said council; to require that any person drilling a water well shall have a license from said council; to require the direction of a professional geologist or a professional engineer in the drilling of any well, borehole, or corehole other than a water well; to require an affidavit of past experience in water well construction from applicants for licenses; to provide for a water well con tractor trainee license; to establish said council for an additional six years; to provide standards for the construction, operation, maintenance, and aban donment of wells and boreholes; to provide for the bonding of water well contractors; to provide for the inspection of well and borehole construction, operation, maintenance, and abandonment; to provide for the use of a water well contractor's bond to bring water wells into compliance; to provide for the confiscation of certain equipment and vehicles in the event of a violation

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of said part; to provide for confiscation and liquidation procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," re lating to water wells, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
12-5-120. This part shall be known and may be cited as the 'Water Well Standards Act of 1985.'
12-5-121. It is the intent of the General Assembly to provide in this part for the application of standards for the siting, construction, opera tion, maintenance, and abandonment of wells and boreholes so as to pro tect the public health and the water resources of this state.
12-5-122. As used in this part, the term:
(1) 'Abandoned well' means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining groundwater or for other useful purposes is impracticable, or from which groundwater for useful purposes is not obtainable.
(2) 'Aquifer' means a geologic formation, group of formations, or a part of a formation that is capable of yielding water to a well.
(3) 'Borehole' means a hole made into the earth's surface and ex tending at least 50 feet into the earth or at least ten feet below the water table, whichever is greater, with a drill, auger, or other tool for the pur pose of: exploring subsurface strata in search of minerals, engineering or geologic data, water for water supply, blasting purposes, or monitoring.
(4) 'Capping' or 'cap' means the temporary placing of a watertight seal on the upper terminal of a completed well so that no surface pollu tants can enter the well.
(5) 'Casing' means an impervious durable pipe placed in a well to prevent the walls from caving and to seal off surface drainage or undesir able water, gas, or other fluids to prevent them from entering the well and includes specifically, but is not limited to, the following:
(A) 'Liner pipe' which shall mean a well casing installed without driving within a protective casing or open drillhole;
(B) 'Protective casing' which shall mean the permanent casing of the well; and
(C) 'Temporary casing' which shall mean a temporary casing placed in soft, sandy, or caving subsurface formations to prevent the hole from caving during drilling.

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(6) 'Construction' means all acts necessary to construct a well or borehole for any intended purpose or use, including locating and drilling, but excluding the installation of pumps and pumping equipment.
(7) 'Contaminant' means any physical, chemical, biological, or ra diological substance or matter in water, in excess of naturally occurring levels.
(8) 'Corehole' means a borehole made into the earth's surface and extending at least 50 feet into the earth or at least ten feet below the water table, whichever is greater, with a hollow drill to sample a cylindri cal section of the earth's strata beneath the surface of the land or water.
(9) 'Council' means the State Water Well Standards Advisory Council.
(10) 'Dewatering well' means any well withdrawing 100,000 gallons of groundwater or less on any one day in order to remove groundwater from the vicinity of an excavation and which extends at least 50 feet into the earth or at least ten feet below the water table, whichever is greater.
(11) 'Director' means the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia, or his designee.
(12) 'Division' means the Environmental Protection Division of the Department of Natural Resources, State of Georgia.
(13) 'Driller' means any person who engages in drilling or drilling operations.
(14) 'Drilling' or 'drilling operation' means creating an excavation, well, borehole, or corehole by coring, boring, jetting, digging, driving, or otherwise constructing for any intended purpose or use, including locat ing, testing, or withdrawing groundwater which is intended or usable as a source of water supply.
(15) 'Engineering borehole' means a borehole for which the primary purpose is to collect data for engineering design.
(16) 'Filled, sealed, and plugged' means the placing of impervious material when appropriate in the well or borehole to prevent pollutants from entering the subsurface strata or water-bearing formations from the surface, to conserve the aquifer yield or artesian head, or to eliminate physical hazards.
(17) 'Geologic borehole' means any borehole not regulated under the authority of Part 2 of Article 2 of Chapter 4 of this title for which the primary purpose is to collect data for geologic, geophysical, or min eral resource evaluations.
(18) 'Groundwater' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is con tained within, flows through, or borders upon this state or any portion

THURSDAY, FEBRUARY 14, 1985

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thereof, including those portions of the Atlantic Ocean over which the state has jurisdiction.
(19) 'Individual water well' means any well constructed for the pur pose of obtaining groundwater to supply water appurtenant to a singlefamily dwelling and intended for domestic use, including, but not limited to, household purposes, farm livestock, or gardens.
(20) 'Industrial well' means any well constructed for the purpose of withdrawing 100,000 gallons of groundwater or less on any one day for processing or cooling water or for purposes other than drinking water.
(21) 'Irrigation well' means any well constructed for the purpose of obtaining groundwater to supply irrigation water for agriculture, silvicul ture, golf courses, fish farms, and land beautification, but excluding sin gle-family irrigation of lawns or gardens.
(22) 'Monitoring well' means any well for which the primary pur pose is to collect data for hydrologic, geohydrologic, or groundwater quality or quantity evaluations.
(23) 'Nonpublic water well' means any well constructed as a source of water supply for a water system which provides piped water to the public for human consumption, if such system has less than 15 service connections or regularly serves less than 25 individuals, excluding indi vidual water wells.
(24) 'Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and the federal government.
(25) 'Pollutant' means dredged spoil, solid waste, incinerator resi due, sewage, garbage, sewage sludge, munitions, chemical wastes, biolog ical materials, radioactive materials, heat, wrecked or discarded equip ment, rock, sand, cellar dirt, industrial wastes, municipal wastes, agricultural wastes, or any other wastes or substances that do not natu rally occur in the aquifer.
(26) 'Professional engineer' means a person registered to practice professional engineering in the State of Georgia in accordance with Chapter 15 of Title 43.
(27) 'Professional geologist' means a person registered to practice as a geologist in the State of Georgia in accordance with Chapter 19 of Title 43.
(28) 'Seismic shot hole' means any borehole in which explosives are detonated for the purpose of seismic investigations.
(29) 'Under the direction of a professional geologist or professional engineer' means that a professional geologist or professional engineer has reviewed well or borehole drilling, construction, and abandonment plans or criteria and has provided instructions to the driller as to how the well or borehole is to be drilled, constructed, or abandoned.

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(30) 'Water table' means, exclusive of perched conditions, the shal lowest permanent occurrence of groundwater.
(31) 'Water well' means any excavation which is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater and which is intended or usable as a source of water supply for individual homes, farms, irrigation, industrial processes, public water systems, or nonpublic water systems.
(32) 'Water well contractor' means any person engaging in the busi ness of constructing water wells.
(33) 'Well' means any excavation in which the vertical dimension exceeds the horizontal dimension that is bored, cored, drilled, dug, jetted, or otherwise constructed for the purpose of locating, testing, or withdraw ing groundwater; or for evaluating, testing, developing, draining, or recharging groundwater reservoirs or aquifers; or for the exploration, evaluating, testing, or developing of minerals; or which causes the move ment of water from or into any aquifer or subsurface strata; and shall include engineering and geologic boreholes.
12-5-123. (a) The State Water Well Standards Advisory Council is created. The council shall be composed of the following:
(1) A member appointed by the Governor from the public at large, who shall not be in any way connected with the well drilling industry. The member representing the public on July 1, 1985, shall continue to serve in this position from July 1, 1985, to July 1, 1986;
(2) A member appointed by the commissioner of natural resources;
(3) A member appointed by the Governor representing the farming industry;
(4) Four members representing the water well drilling industry ap pointed by the Governor. The members who are water well drillers serv ing on July 1, 1985, shall continue to serve in these positions from July 1, 1985 to July 1, 1986; and
(5) A member appointed by the Governor who is a registered pro fessional geologist or registered professional engineer.
(b) Each member shall be appointed for a term of three years, and the Governor shall fill any vacancy in the council, except for the member appointed by the commissioner of natural resources, with each successor appointed in the same manner as his predecessor.
(c) At the first meeting of the council held in each calendar year, the council shall elect a chairperson who shall serve for one year, adopt rules of procedure, and develop a work plan. The chairperson may be reelected in subsequent years by the council. A vacancy in the position of chairperson shall be filled by vote of the council.
(d) The council shall meet at such times and at such designated places as it may determine but shall hold at least two regular meetings

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each year. An affirmative vote of a majority of the members present shall be necessary to transact business. Four members shall constitute a quorum.
(e) The director or his designee shall be the secretary of the council and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the council. Except as provided in this part, the council shall provide by rule and regulation for its own government. Members of the council shall serve without com pensation but shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if trav eling by public carrier within the state. Any council member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his duties as a council member. For each day's service outside of the state as a council member, such member shall receive ac tual expenses as an expense allowance as well as the same mileage allow ance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if trav eling by public carrier or by rental motor vehicle. Expense vouchers sub mitted by members of the council are subject to approval of the director or his designee.
12-5-124. In carrying out this part, the council shall have the fol lowing powers and duties:
(1) To adopt and amend rules and regulations which may be rea sonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(2) To pay into the state treasury all fees and moneys received by it;
(3) To adopt and have an official seal;
(4) To set the amount of all fees required by this part;
(5) To license water well contractors and water well contractor trainees;
(6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part;
(7) To review and recommend to the General Assembly any legisla tion which would improve the quality of relations between the water well drilling industry and the public; and
(8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that re late to water wells.

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12-5-125. Except as provided in subsection (f) of Code Section 125-127, no persons shall drill a water well without first having a water well contractor's license issued by the council. No person, including li censed water well contractors, shall drill any other kind of well, borehole, or corehole unless such person is acting under the direction of a profes sional geologist or a professional engineer.
12-5-126. (a) The director or his designee shall act as the adminis trative agent for the council.
(b) The division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the consent of the council; to schedule a time and place for all hearings; to issue certificates upon au thority of the council; to collect all fees and to remit them to the state treasury.
(c) All orders and processes of the council shall be signed and at tested by the director or his designee, and any notice or legal process necessary to be served upon the council may be served upon the director.
12-5-127. (a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a li cense as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council.
(b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well con struction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The exami nation may be written, oral, or practical work, or any combination of the three.
(c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting a certified affidavit from a licensed water well contractor that the applicant has had at least two years of water well construction experience under said licensed con tractor, and by any one of the methods described as follows:
(1) Presentation of copies of a county or city occupational license, or both, covering two years and indicating the occupation as 'well driller,' 'water well contractor,' or equivalent; provided, however, that such county or city occupational license shall be acceptable as proof only if the licensee was required to verify his experience and qualifications as a 'well driller,' 'water well contractor,' or equivalent by successful completion of an examination or such other method designed to verify the licensee's skills as the local governing authority may require;
(2) Presentation of a list of ten wells, together with their locations, major use, and approximate customer cost that the applicant has con structed or has helped to construct within the last two years. This list must show the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells must span the two-year time period. In

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addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity; or
(3) In lieu of the methods described in paragraphs (1) and (2) of this subsection, presentation to the council of satisfactory proof of equivalent value, which, at the council's option, may be accepted on an individual basis.
(d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or fulltime employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing require ments has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires.
(e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or pos session of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state.
(0 Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased prop erty intended for use only in a single-family house which is his perma nent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the wa ters to be produced are not intended for use by the public or in any residence other than his own.
(g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide hold ers thereof to engage in the business authorized by such licenses any where within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h) Any person desiring to engage in the business of water well con struction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contrac tor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or

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oral and shall relate to the applicant's knowledge of basic groundwater and basic well construction. Upon satisfactory completion of at least two years' experience under a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council.
12-5-128. (a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the coun cil, together with the signatures of the council chairman and the chief administrative officer of the council. This license shall be displayed in a conspicuous place at the operator's principal place of business.
(b) All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle the name of the contractor and shall likewise display the appro priate water well contractor's license number.
12-5-129. (a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license;
(2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part;
(3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells;
(4) Incompetency in the performance of the work of a water well contractor;
(5) Making substantial misrepresentations or false promises in con nection with the occupation of a water well contractor.
(b) The council shall have power and authority to hear and deter mine all complaints of violations of this part and the regulations pursuant thereto, filed with the council by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the com plaint filed against such person. Hearings will be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If, upon the hearing, the council deems such complaint meritorious, the council may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow the person a reasonable time in which to meet and correct the complaint of the objecting party. Suspensions or revocations of licenses shall be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(c) The council, by majority vote of the quorum, may reissue a li cense to any person whose license has been revoked upon written applica tion to the council by the applicant, showing good cause to justify the reissuance.

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(d) Whenever it shall appear to the council that any person is or has been violating any provisions of this part or any of the lawful rules, regu lations, or orders of the council, the council or the appropriate district attorney may file a petition for injunction in the appropriate superior court of this state against such person, for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the council has and shall be in addition to any right of criminal prosecution provided by law.
(e) The director shall be authorized to order the cessation of opera tion of any well operated in violation of this part and the seizure of all drilling equipment used in such drilling operation; provided, however, that the operator of any such drilling operation shall be afforded a hear ing before the administrative law judge of the Department of Natural Resources on such order of the director within 48 hours.
12-5-130. All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee prescribed by the council. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council.
12-5-131. The council may from time to time amend its rules and regulations governing water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.
12-5-132. (a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title.
(b) Nothing in this part shall affect the regulation of groundwater use by the division pursuant to Part 2 of this article.
12-5-133. Any person who engages in or follows the business or oc cupation of, or advertises, holds himself out, or acts, temporarily or oth erwise, as a water well contractor without having first secured the re quired license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his drilling rigs and commercial vehicles confis cated in accordance with Code Section 12-5-137.
12-5-134. The following standards shall apply to all wells and boreholes:
(1) In the case of individual and nonpublic water wells:

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(A) The well should be located as far removed, and in a direction opposite to the groundwater flow, from known or potential sources of pol lutants as the general layout of the premises and surroundings permit; however, prior to actual construction, the water well contractor shall no tify the county health department of the intent to drill a water well, pro viding such information as is required on forms prepared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. All new wells must be located at least the following horizontal distances from the following structures:
(i) Not less than ten feet from a sewer line;
(ii) Not less than 50 feet from a septic tank;
(iii) Not less than 100 feet from a septic tank absorption field;
(iv) Not less than 150 feet from a cesspool or seepage pit; and
(v) Not less than 100 feet from an animal or fowl enclosure;
(B) Every well shall be protected against surface runoff;
(C) Every well shall be located so it will be accessible for cleaning, treatment, repair, testing, inspection, and such other maintenance as may be necessary;
(D) Water-bearing formations that are or are likely to be polluted shall be sealed off;
(E) No material shall be used in the well that will result in the delivered water being hazardous, toxic, or having objectionable taste or odor;
(F) Materials that are to be a part of the permanent well shall be durable and sufficient to protect the well against structural deficiencies during and after the construction and against the entrance of pollutants during the expected life of the well;
(G) The casing and liner pipe joints shall be watertight to the point of maximum drawdown in bored or driven wells and the entire length of the casing in drilled wells;
(H) The alignment in a drilled well shall be such that the installa tion and operation of the pump will not be impaired;
(I) All drill cuttings and other materials shall be removed from the entire depth of the well and the well shall be disinfected;
(J) The upper terminal of the well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(K) Any existing abandoned well or borehole shall be filled, sealed, and plugged by the present owner;
(L) The drilling contractor shall maintain in his office and shall fur-

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nish the owner a copy of the well construction data within 30 days of the well completion. The data shall include: total depth of well, borehole di ameter, casing depth, size and type of casing material, grouting informa tion, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for dis infection, dates of well construction, name of contractor, and water well contractor's license number;
(M) A well having an open annular space between the casing and borehole shall be grouted and shall be filled with neat or sand-cement grout or other impervious material to prevent the entrance of pollutants or contaminants to the well. The following shall be considered minimum depths of seal below ground surface:
(i) Individual wells--ten feet;
(ii) Nonpublic wells--25 feet in igneous or metamorphic rock; and
(iii) Nonpublic wells--50 feet in sedimentary rock.
For large diameter water wells cased with concrete pipe or other accept able casing material, if the casing joints are not sealed, the annular space shall be grouted as specified above, and the annular space below the grout shall be filled with sand or gravel;
(N) All permanent casing, liners, and other manufactured material used in the well installation shall be new, unless otherwise approved in writing by the owner, and adequate to protect the well against entrance of pollutants or contaminants during the expected life of the well. The casing material shall be of steel, plastic, or concrete and meet nationally accepted standards for well casing. Sewer pipe shall not be used for indi vidual or nonpublic water supply wells;
(O) The well screen, when used, shall be of a standard design and manufactured specifically for the purpose of the well construction, shall be of a strength to satisfactorily withstand chemical and physical forces applied to it during and after installation, shall be designed to permit optimum development of the aquifer with minimum head loss consistent with the intended use of the well, shall have openings designed to prevent clogging or jamming, and multiscreened wells shall not connect aquifers or zones which have differences in water quality that would result in de terioration of the water quality in any aquifer or zone;
(P) All gravel placed in a well to be used as a source of drinking water shall be clean, washed, free of organic matter, disinfected prior to emplacement, or provisions made for disinfection in place. The gravel pack material should consist mainly of silicious, well rounded, smooth, uniform grain particles and of such size to prevent the formation mate rial from entering the well;
(Q) All individual and nonpublic wells producing water for drinking or food processing shall be disinfected following construction, repair, or when work is done on the pump, before the well is placed in service. The well and pumping equipment shall be disinfected with chlorine applied so that a concentration of at least 50 parts per million of chlorine shall be

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obtained in all parts of the well with a minimum contact period of two hours before pumping the well; and
(R) All individual and nonpublic wells shall be curbed at the sur face by the owner with a watertight curbing of concrete at least four inches thick and extending at least two feet in all directions from the well casing and sloping away from the casing;
(2) All water wells constructed as sources of public water supply for a public water system as defined in Part 5 of this article, the 'Georgia Safe Drinking Water Act of 1977,' shall be constructed in accordance with the standards and rules and regulations established pursuant to said part;
(3) Irrigation wells shall be constructed in accordance with the standards established for individual and nonpublic wells except that the well does not require disinfection. The minimum depth of the grout seal shall be at least 20 feet below ground surface;
(4) Industrial wells shall be constructed in accordance with the standards established for individual and nonpublic wells. The minimum depth of the grout seal shall be the same as for nonpublic wells;
(5) (A) Wells and boreholes other than water wells shall be constructed:
(i) So that no toxic or hazardous material is used in or introduced to the borehole;
(ii) So that water-bearing formations that are, or are likely to be, polluted shall be sealed off; and
(iii) To prevent water of different qualities from migrating between zones or aquifers.
(B) Engineering boreholes shall be constructed under the direction of a professional engineer.
(C) Geologic boreholes shall be constructed under the direction of a professional engineer or a professional geologist.
(D) Monitoring wells shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are part of the monitoring well shall be durable and sufficient to protect the well against structural defi ciencies during the construction and during the expected life of the well;
(ii) The upper terminal of the monitoring well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollu-

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tants after due consideration of the local soil conditions, local geology, and the intended use of the well;
(v) The alignment of the well is such that the well may be pumped or sampled;
(vi) All drilling equipment and tools shall be washed and steam cleaned immediately upon completion of any monitoring well located within 1,000 feet of any operating or abandoned sanitary landfill or haz ardous materials facility or within 1,000 feet of any area where hazard ous materials are known or believed to have been deposited, spilled, or discharged; and
(vii) At least once every five years, the owner of the property on which a monitoring well is constructed shall have the monitoring well inspected by a professional engineer or professional geologist, who shall direct appropriate remedial corrective work to be performed if the well does not conform to standards.
(E) Dewatering wells to be constructed for the purpose of with drawing 100,000 gallons or less of groundwater on any one day shall be constructed under the direction of a professional engineer or a profes sional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Well casing and well screens that are a part of the dewatering well shall be durable and sufficient to protect the well against structural deficiencies during the construction and against entrance of pollutants during the expected life of the well;
(ii) The upper terminal of the dewatering well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well;
(iii) All casing and liner pipe joints shall be watertight for the entire length of the casing;
(iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollu tants after due consideration of the local soil conditions and local geol ogy; provided, however, that such grouting shall not be required if dewatering is to be accomplished by well points or a well point field;
(v) The alignment of the well shall be such that the installation and operation of the pump will not be impaired; and
(vi) The dewatering well shall be pumped in a manner and rate to prevent significant loss of strength of nearby soil and rock.
(F) Seismic shot holes shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements:
(i) Exclusive of explosives, no toxic or hazardous materials shall be used in or introduced to the shot hole;
(ii) Materials that are to be a part of the seismic shot hole shall be

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durable and sufficient to protect the seismic shot hole against structural deficiencies during the construction and against entrance of pollutants during the expected life of the seismic shot hole;
(iii) Prior to being charged with explosives, seismic shot holes shall contain temporary seals adequate to prevent the entrance of pollutants to any aquifer;
(iv) Seismic shot holes shall not be charged with explosives more than 24 hours prior to detonation; and
(v) In the event explosives are not detonated within one year after reaching total depth, the seismic shot hole shall have all temporary seals removed and be completely plugged with impervious materials to prevent the entrance of pollutants to any aquifer; and
(6) (A) A water well shall be considered as temporarily abandoned when its use has been interrupted for a period of more than one year and not more than three years. Such a well shall be sealed and the well main tained whereby it is not a source or a channel of contamination or pollu tion when not in service.
(B) A water well shall be considered as permanently abandoned when its service has been interrupted for a period of more than three years or it meets the definition of abandoned well as defined in this part. Such a well shall be filled, sealed, and plugged.
(C) Whenever a well or borehole is excavated for the exploration, testing, or use as a source of water supply but is no longer used for that purpose, it shall be the owner's responsibility to have the borehole filled, sealed, and plugged within 30 days of the excavation or disuse to protect against the entrance of pollutants into the subsurface.
(D) No abandoned water well or borehole shall be used for the pur pose of disposing of any wastes or pollutants that may contaminate the groundwater.
(E) All engineering boreholes, regardless of the depth limitations defined in paragraphs (3) and (8) of Code Section 12-5-122, which are located on property which is being used or is proposed to be used for the storage, manufacture, or processing of petroleum products, hazardous materials, hazardous wastes, industrial or municipal wastewater, brines, or any other chemical substances, must be completely filled, sealed, and plugged within 30 days after the total depth is reached. Engineering boreholes which are in locations scheduled to be excavated, covered with pavement, or covered by the concrete foundation or basement of a build ing within two years after drilling need not be filled, sealed, and plugged. All other engineering boreholes must be filled, sealed, and plugged within 90 days after the total depth is reached. It shall be the responsibility of the person in charge of the borehole construction to ensure proper abandonment.
(F) Geologic boreholes which are in locations scheduled to be mined within two years after drilling need not be filled, sealed, and plugged. Other geologic boreholes shall be filled, sealed, and plugged within 30

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days after drilling. It shall be the responsibility of the person in charge of borehole construction to ensure proper abandonment.
(G) Monitoring wells shall meet the requirements of abandonment as defined by this part unless they are declared temporarily abandoned. A monitoring well that is temporarily abandoned shall have a cap placed on it within 15 days of its temporary abandonment. It shall be the re sponsibility of the owner of the property on which the monitoring well is constructed to ensure proper abandonment of the wells.
(H) Seismic shot holes shall be filled, sealed, and plugged within 60 days after the explosives have been detonated. It shall be the responsibil ity of the person in charge of the shot hole construction to ensure proper abandonment.
(I) Abandoned individual, nonpublic, public, irrigation, and indus trial wells shall be filled, sealed, and plugged by a water well contractor licensed by the council.
(J) Abandoned engineering boreholes, geologic boreholes, dewatering wells, monitoring wells, and seismic shot holes shall be filled, sealed, and plugged under the direction of a registered professional geologist or registered professional engineer.
12-5-135. (a) A performance bond or letter of credit shall be pro vided to the director by any water well contractor or driller for the con duct of drilling operations to ensure compliance with the procedures and standards contained in this part.
(b) The bond or letter of credit required in paragraph (a) of this Code section shall be:
(1) Conditioned upon faithful compliance with the conditions and terms of this part; and
(2) In such amount as determined by the director to ensure compli ance with the procedures and standards contained in this part, but in any event not to exceed $50,000.00.
(c) Such performance bond or letter of credit shall be placed on file with the director in one of the following forms:
(1) A performance bond, payable to the director and issued by an insurance company authorized to issue such bonds in this state; or
(2) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or other financial institution ap proved by the director.
(d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's bond or letter of credit is acceptable. Persons holding licenses currently must provide such bond to the director within 60 days of the date on which this part be-

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comes effective. Failure to provide same shall constitute grounds for li cense revocation.
(e) Upon a determination by the director that a water well contrac tor, driller, or other person responsible for the conduct of the drilling operation has failed to meet the standards as set out in this part, the director may, after written notice of the failure to the contractor, driller, or other person responsible for the conduct of the drilling operation in accordance with subsections (e) and (f) of Code Section 12-2-136:
(1) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violations;
(2) Expend such amount for such purposes;
(3) Enter into contracts for such purposes; and
(4) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon.
12-5-136. (a) All water well contractors or other persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a profes sional engineer or professional geologist as set forth in Code Section 125-125.
(b) The director or designated representatives of the division shall conduct inspections of wells and boreholes of all types to determine com pliance with construction standards established in this part. Such inspec tions may be made in response to requests from the council or from any person who has reason to believe a well or borehole does not comply with the standards. The director may also select wells and boreholes to inspect at random.
(c) The director or designated representatives of the division shall be permitted access in or upon any private or public property at all rea sonable times for the purpose of inspecting and investigating conditions of wells, methods of drilling, and records relating to the drilling and abandonment of wells and boreholes.
(d) The director shall report the results of all inspections to the re spective driller, contractor, or person responsible for the drilling and to the council.
(e) The director shall notify the driller, contractor, or person re sponsible for the drilling and the council that a portion of bondedness or line of credit in such amount as necessary to provide corrective action may be assessed if that person does not bring the well or borehole up to the standards described in this part within 30 days.
(f) If a well or borehole is not brought up to the standards described in this part within this 30 day notification period, the director may, upon expiration of the notification period, expend whatever portion of the bond

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or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.
12-5-137. (a) All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as re quired by this part are declared to be contraband subject to forfeiture and confiscation and seizure by any peace officer, who shall forthwith deliver such rigs and equipment to the district attorney whose circuit in cludes the county in which a seizure is made or to his duly authorized agent within ten days of the seizure.
(b) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal drill ing equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. Such publica tion shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property result ing therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should the drilling equipment be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The proceedings arising from such sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, advertise ment, maintenance, or care of such property; and
(4) If any money remains, to the general funds of the county.
(c) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee.
(d) All proceedings against any alleged illegal drilling equipment for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is

1054

JOURNAL OF THE SENATE

the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property.
(e) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, con nivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or se curity interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.
12-5-138. For the purposes of Chapter 2 of Title 43, 'The Act Pro viding for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Water Well Standards Advisory Council shall be terminated on January 1, 1991, and this part and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kidd Land Langford McGill Peevy Perry Phillips Ray Reddish

THURSDAY, FEBRUARY 14, 1985

1055

Scott of 2nd Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson

Turner Tysinger Walker

Voting in the negative was Senator Kennedy.

Those not voting were Senators:

Albert Bowen

Coleman (excused) Fincher

McKenzie Trulock

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 112.

By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.
Senate Sponsor: Senator Howard of the 42nd.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 112 by adding between lines 20 and 21 of Page 7 the

following:

'

"(g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a licensed physician operating within the scope of his license or the doing of such acts by persons acting under his direct supervision."

On the adoption of the amendment, the yeas were 28, nays 1, and the amendment

:

was adopted.

;

The report of the committee, which was favorable to the passage of the bill, was

2

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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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman (excused) Dawkins

Fincher Garner

Kennedy (presiding) Timmons

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 153.

By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A bill 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.

Senate Sponsor: Senator Gillis of the 20th.

Senator Allgood of the 22nd moved that HB 153 be committed to the Senate Committee on Judiciary.

On the motion, the yeas were 35, nays 2; the motion prevailed, and HB 153 was committed to the Senate Committee on Judiciary.

THURSDAY, FEBRUARY 14, 1985

1057

HB 168.

By Representatives Phillips of the 120th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Manage ment Act," so as to change the definitions of the terms "hazardous waste" and "solid waste"; to define the terms "organization," "serious bodily injury," "hazardous constituent," and "land disposal"; to author ize the Board of Natural Resources to promulgate rules and regulations dealing with the use and disposition of hazardous waste.
Senate Sponsor: Senator Gillis of the 20th.

Senators Deal of the 49th, Allgood of the 22nd and Peevy of the 48th offered the following amendment:

Amend HB 168 by adding after the semicolon on line 8 of Page 2 the following:
"to provide that any person whose possession, use, transportation, or disposal of hazardous waste results in injury, death, or property damage shall incur absolute civil liability for such injury, death, or property damage;".
By renumbering Sections 12 and 13 as Sections 13 and 14, respectively, and by inserting a new Section 12 to read as follows:
"Section 12. Said article is further amended by adding at the end thereof a new Code Section 12-8-84 to read as follows:
'12-8-84. Any person whose possession, use, transportation, or dispo sal of hazardous waste results in injury, death, or property damage shall be civilly liable for such injury, death, or property damage without re gard to fault and without regard to whether such possession, use, trans portation, or disposal was in conformity with the requirements of this article. This Code section shall create a civil right of action in any gov ernmental entity as well as in any natural or artificial person for such injury, death, or property damage.' "

On the adoption of the amendment, the yeas were 17, nays 16, and the amend ment was adopted.

Senator Hudgins of the 15th moved that the Senate reconsider its action in adopt ing the amendment offered by Senators Deal of the 49th, Allgood of the 22nd and Peevy of the 48th.

On the motion, the yeas were 27, nays 10; the motion prevailed, and the amend ment offered by Senators Deal of the 49th, Allgood of the 22nd and Peevy of the 48th was reconsidered.

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JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Deal of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Brannon Burton

Dawkins Deal Engram Foster Horton

Howard Langford Peevy Stumbaugh Walker

Those voting in the negative were Senators:

Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dean English Garner Gillis

Greene Harris Harrison Hine Holloway Hudgins Huggins Kidd Land McGill McKenzie Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused)

Fincher

Kennedy (presiding)

On the adoption of the amendment, the yeas were 16, nays 37, and the amend ment 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:

Albert Allgood Barker
Barnes

Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine

THURSDAY, FEBRUARY 14, 1985

1059

Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Baldwin.

Those not voting were Senators:

Coleman (excused)

Fincher

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:35 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, called the Senate to order.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 257.

By Representative Steinberg of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 28 of the Offi cial Code of Georgia Annotated, relating to general provisions affecting the Claims Advisory Board, so as to clarify that the state or its depart ments or agencies do not include state authorities and county or munici pal departments, agencies, bureaus, commissions, and authorities for pur poses of processing claims through the board.
Senate Sponsor: Senator Turner of the 8th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Brannon Brantley Brown of 47th Burton Cobb Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins

Those not voting were Senators:

Albert Bond Bowen Broun of 46th Bryant Coleman (excused) Coverdell Dawkins

Fincher Harrison Howard Kennedy (presiding) Langford McGill McKenzie Peevy

Huggins Kidd Land Ray Reddish Scott of 2nd Starr Stumbaugh Trulock Turner Tysinger
Perry Phillips Scott of 36th Tate Timmons Tolleson Walker

On the passage of the bill, the yeas were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 8. By Senator Kidd of the 25th:
A resolution creating the Staffing in Mental Health Facilities Joint 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:

THURSDAY, FEBRUARY 14, 1985

1061

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Burton Cobb Deal English Engram

Foster Garner Gillis Greene Harris Hine Holloway Horton Huggins Kidd Land

Those not voting were Senators:

McGill McKenzie Peevy Perry Reddish Scott of 2nd Starr Stumbaugh Trulock Turner Tysinger

Albert Bond Brantley Broun of 46th Bryant Coleman (excused) Coverdell Dawkins

Dean Fincher Harrison Howard Hudgins Kennedy (presiding) Langford

Phillips Ray Scott of 36th Tate Timmons Tolleson Walker

On the adoption of the resolution, the yeas were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 587.

By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to amend subsection (4) of Section 50-9-2 of the Official Code of Georgia Annotated, defining the word "project" for the purposes of the "Georgia Building Authority Act"; to amend subsection (5) of Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority and of departments, boards, com missions, agencies, or appellate courts of the state to enter into contracts and lease agreements for the use of any structure.

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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Brown of 47th Burton Cobb Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Those not voting were Senators:

Langford McGill Peevy Perry Ray Reddish Scott of 2nd Starr Stumbaugh Timmons Trulock Turner Tysinger

Bond Broun of 46th Bryant Coleman (excused) Coverdell

Deal Fincher Harrison Kennedy (presiding) McKenzie

Phillips Scott of 36th Tate Tolleson Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 18. By Representatives Logan of the 67th, Buck of the 95th, Milford of the 13th and others:
A resolution designating The Atlas of Georgia as the official state atlas of 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:

Albert Allgood Baldwin Barnes

Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Cobb Dawkins

THURSDAY, FEBRUARY 14, 1985

1063

Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway

Horton Hudgins Muggins Kidd Land Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Timmons Trulock Turner Tysinger

Those not voting were Senators:

Barker Brannon Bryant Coleman (excused) Coverdell

Deal Fincher Harrison Howard Kennedy (presiding)

Scott of 36th Tate Tolleson Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 35. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons complet ing a defensive driving course or alcohol or drug program, so as to au thorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of other such jurisdictions.

The Senate Committee on Judiciary offered the following substitute to SB 35:

A BILL
To be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to authorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of such other jurisdictions; to provide that reciprocal agreements shall be made only where clinics, programs, and courses in other jurisdictions meet certain criteria; to provide that the Department of Public Safety shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements; to provide that driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required

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JOURNAL OF THE SENATE

to comply with certain provisions of Georgia law; 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 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, is amended by striking Code Section 40-5-83 in its entirety and inserting in lieu thereof a new Code Section 40-5-83 to read as follows:
"40-5-83. (a) The commissioner shall establish criteria for the ap proval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clin ics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $15.00 for a defensive driving course, an advanced defen sive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the exami nation and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, munici pality, board of education, school, or college.
(b) (1) The commissioner shall be authorized to enter into recipro cal agreements with the proper authorities in other states, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. Reciprocal agreements shall only be made where the clinics, pro grams, and courses of such other jurisdictions meet or exceed the stan dards and requirements of clinics, programs, and courses in this state. The department shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements.
(2) Driver improvement clinics, programs, and courses outside of the State of Georgia which have been approved in reciprocal agreements negotiated by the commissioner shall not be required to comply with the provisions of subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 14, 1985

1065

On the adoption of the substitute, the yeas were 35, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brannon Bryant Coleman (excused) Coverdell

Deal Fincher Kennedy (presiding) Scott of 2nd

Scott of 36th Tate Walker

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 372.

By Representative Chambless of the 133rd and others: 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 redefine certain terms.
Senate Sponsor: Senator Phillips of the 9th.

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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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coverdell Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Bryant Coleman (excused)

Deal Fincher Kennedy (presiding)

Scott of 2nd Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 4. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to provide appropriations for the State Fiscal Year 1984-85.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:

Amend HB 4 by striking on Page 2, line 5, the following "$7,500,000"

THURSDAY, FEBRUARY 14, 1985

1067

and inserting in lieu thereof "$5,000,000";
by striking on Page 2, line 8, the following "$7,500,000"
and inserting in lieu thereof "$5,000,000";
by striking on Page 2, line 10, the following "$30,000,000"
and inserting in lieu thereof "$40,000,000".

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins Dean English Engram

Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Bryant Cobb Coleman (excused)

Deal Fincher Greene

Kennedy (presiding) Tate Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 149. By Senators Holloway of the 12th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that the travel allowance for trips to the state capitol during sessions of the General Assembly shall be de termined either on the basis of actual transportation costs incurred when traveling by public carrier or on the basis of mileage.

The Senate Committee on Appropriations offered the following substitute to SB 149:

A BILL
To be entitled an Act to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to authorize the payment of actual transportation costs when traveling by public carrier during sessions of the General Assembly in lieu of a mileage allowance; 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. Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to salary and allowances of members and officers of the Gen eral Assembly, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) During regular and extraordinary sessions of the General As sembly, each member shall also receive a daily expense allowance as pro vided for in Code Section 45-7-4. Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from his residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regu lar and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such

THURSDAY, FEBRUARY 14, 1985

1069

part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency cre ated by or pursuant to statute or the Constitution of Georgia, such mem ber shall receive a daily expense allowance as provided for in Code Sec tion 45-7-4 and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public car rier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allow ance, plus the mileage allowance for the use of a personal car when de voted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public car rier or by rental motor vehicle. All such allowances shall be paid upon the submission of proper vouchers."
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 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley

Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine

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JOURNAL OF THE SENATE

Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coleman (excused)

Deal Fincher Kennedy (presiding)

Land Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 199. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax com missioners, so as to change the minimum salaries of such officers; to pro vide an effective date.

Senator Harrison of the 37th offered the following amendment:

Amend SB 199 by changing line 31, Page 2 to read 200,000-295,000
and changing line 32, Page 2 to read 295,001 and up.

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 14, 1985

1071

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Bryant Coleman (excused)

Deal Fincher Howard

Kennedy (presiding) Land Scott of 36th

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 75. By Representative Birdsong of the 104th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide for the qualifications of the office of tax receiver, tax collec tor, or tax commissioner and for terms of office of said officers.
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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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Dean

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie
Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bryant Coleman (excused) Deal

English Fincher Kennedy (presiding)

Land Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins

Dean Engram Foster Garner Gillis Harris Harrison

THURSDAY, FEBRUARY 14, 1985

1073

Hine Holloway Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bryant Coleman (excused) Deal

English Fincher Greene

Horton Kennedy (presiding) Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 177.

By Representatives Couch of the 40th, Buck of the 95th, Chambless of the 133rd and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Offi cial Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to prohibit any person by means of a telephone communication for commercial purposes from making, directly or by means of an electronic recording device, any comment, request, sugges tion, or proposal which is obscene, lewd, lascivious, filthy or indecent.
Senate Sponsor: Senator Baldwin of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell

Dawkins Deal Dean English Engram Foster Garner

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Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused)

Fincher Kennedy (presiding)

Scott of 2nd Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

SB 170. By Senator Greene of the 26th:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical mal practice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body.

Senator Greene of the 26th offered the following substitute to SB 170:

A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to provide for applicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to repeal the limitation relative to foreign objects left in the body; to provide for actions which have been or would be barred; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malprac-

THURSDAY, FEBRUARY 14, 1985

1075

tice, is amended by striking Code Section 9-3-71, relating to the general limitation on actions for medical malpractice, which reads as follows:
"9-3-71. Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred.",
and inserting in lieu thereof a new Code Section 9-3-71 to read as follows:
"9-3-71. An action to recover damages for injury or wrongful death arising from medical malpractice shall not be commenced more than two years after the date on which the injury or wrongful death occurs, pro vided that in no event may an action to recover damages for such an injury or wrongful death arising from medical malpractice be com menced more than six years after the date on which the wrongful act or omission occurred, regardless of whether or not an injury or wrongful death has occurred. The disabilities and exceptions prescribed in Article 5 of this chapter shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice under this Code section."
Section 2. Said article is further amended by striking Code Section 93-72, relating to limitation on actions for medical malpractice involving for eign objects left in the body, which reads as follows:
"9-3-72. The two-year limitation of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device.",
in its entirety.
Section 3. No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1, 1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Allgood of the 22nd, Peevy of the 48th and Deal of the 49th offered the following amendment:

Amend the substitute to SB 170 offered by Senator Greene of the 26th by striking line 25, Page 1 through line 32, Page 2, in their entirety, and inserting in lieu thereof the following:
"9-3-71. An action to recover damages for injury or death arising from medical malpractice shall not be commenced more than two years

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JOURNAL OF THE SENATE

after the date on which the plaintiff discovers, or through the use of rea sonable diligence should have discovered, the negligent or wrongful act or omission."

On the adoption of the amendment, the yeas were 14, nays 30, and the amend ment was lost.

Senator Allgood of the 22nd moved that the Senate reconsider its action in defeat ing the amendment offered by Senators Allgood of the 22nd, Peevy of the 48th and Deal of the 49th.

On the motion, Senator Allgood of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brantley Broun of 46th Brown of 47th Burton Dawkins Deal

Dean English Engram Gillis Horton Howard Kennedy Langford McKenzie

Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Timmons Turner

Those voting in the negative were Senators:

Baldwin Barnes Bond Brannon Cobb Coverdell Foster Garner

Greene Harris Harrison Hine Holloway Hudgins Huggins

Kidd Land McGill Phillips Tate Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused)

Fincher Scott of 2nd

Tolleson Trulock

On the motion, the yeas were 28, nays 22; the motion prevailed, and the amend ment offered by Senators Allgood of the 22nd, Peevy of the 48th and Deal of the 49th
was reconsidered.

THURSDAY, FEBRUARY 14, 1985

1077

On the adoption of the amendment, Senator Allgood of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brown of 47th Burton

Dawkins Deal Engram Gillis

Langford Peevy Stumbaugh Timmons

Those voting in the negative were Senators:

Albert Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Cobb Coverdell Dean Foster Garner

Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Perry Phillips Ray Reddish Scott of 36th Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) English

Fincher Scott of 2nd

Starr Trulock

On the adoption of the amendment, the yeas were 12, nays 37, and the amend ment was lost.

On the adoption of the substitute, the yeas were 42, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Cobb Coverdell Dawkins Deal Dean English Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Brown of 47th

Burton Engram

Peevy

Those not voting were Senators:

Bryant Coleman (excused)

Fincher

Trulock

On the passage of the bill, the yeas were 47, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 21. By Representative Colbert of the 23rd: A resolution authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge.
Senate Sponsor: Senator Brantley of the 56th.
The Senate Committee on Transportation offered the following amendment:
Amend HR 21 by striking on Page 2, from lines 13 and 14, the following:
"Secretary of the Senate",

THURSDAY, FEBRUARY 14, 1985

1079

and inserting in lieu thereof the following: "Clerk of the House of Representatives".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell

Deal English Engram Foster Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bryant Coleman (excused) Dawkins Dean Fincher

Garner Gillis Huggins Phillips Ray

Reddish Scott of 2nd Trulock Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 24. By Representatives Birdsong of the 104th, Groover of the 99th, Walker of the 115th and others:
A resolution designating the Walter A. Scott Memorial Bridge.

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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:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Deal English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bryant Coleman (excused) Dawkins

Dean Fincher Horton Huggins

Phillips Ray Reddish Trulock

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 132.

By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to provide that it shall not be necessary for certain applications for certificates of title to show the previous owner.
Senate Sponsor: Senator Coleman of the 1st.

THURSDAY, FEBRUARY 14, 1985

1081

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

McGill McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Brantley Bryant Coleman (excused) Dean

Fincher Howard Langford

Phillips Ray Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 133.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-41 of the Official Code of Georgia Annotated, relating to replacement of registration certificates so as to authorize certain county tag agents to issue replacement registration certificates.

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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Reddish Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) Fincher

Horton Phillips Ray

Scott of 2nd Tolleson Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the constitutional majority, was passed.

HB 128.

By Representative Colbert of the 23rd:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for officers and employees of political subdivisions to coerce other officers or employees to pay any part of their salary to any party, organization, or person for political purposes.

Senate Sponsor: Senator Brantley of the 56th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

THURSDAY, FEBRUARY 14, 1985

1083

Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) Dean English

Fincher Horton Howard Phillips

Ray Starr Trulock

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 37. By Representative Barnett of the 10th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change court terms for the Superior Court of Forsyth County in the Blue Ridge Judi cial Circuit.
Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell

Dawkins Deal Dean Engram Foster Garner Gillis

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Greene Harris Harrison
Hine Holloway Howard Hudgins
Huggins Kennedy

Kidd Land Langford McGill
McKenzie Peevy
Perry Reddish Scott of 2nd

Scott of 36th Stumbaugh Tate
Timmons Tolleson
Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) English

Fincher Horton Phillips

Ray Starr Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Serving as doctor of the day today was Dr. George Green of Sparta, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 4:01 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 15, 1985

1085

Senate Chamber, Atlanta, Georgia Friday, February 15, 1985
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 179.

By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to the suspension of license or driving privilege for failure to respond to a citation, so as to exempt lessees of motor vehicles which are motor carriers in violation of Article 2 of Chapter 9 of Title 48 or of a road tax law of another state from the suspension provisions of this Code section.

HB 313.

By Representatives Thompson of the 20th and Atkins of the 21st:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 37 of the Offi cial Code of Georgia Annotated, relating to court ordered services in con nection with habilitation of the mentally retarded, so as to change the provisions relating to court orders for examination of allegedly mentally retarded persons by comprehensive evaluation teams.

HB 484.

By Representatives Childers of the 15th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, regarding health planning and development, so as to change the manner of adopting, promulgating, and implementing rules of the Health Planning Agency.

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JOURNAL OF THE SENATE

HB 498.

By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Code Section 28-4-8 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel and certain pay ments thereunder, so as to remove the provisions relating to the payment of social security.

HB 543.

By Representative Chambless of the 133rd:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to obtaining or attempting to obtain medical assis tance benefits or payments through false representation and fraud, so as to provide for definitions; to authorize the Department of Medical Assis tance to take certain actions regarding providers and persons having cer tain interests relating thereto.

HB 602.

By Representative Bargeron of the 108th:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or re cognizances, so as to provide that an appearance bond shall not be for feited if, prior to the forfeiture hearing, the principal in the bond is in custody.

HB 399.

By Representatives Felton of the 22nd and Colbert of the 23rd:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relative to the description of certain education districts.

HB 469.

By Representative Colbert of the 23rd:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.

HB 634.

By Representative Greer of the 39th:
A bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Fulton and DeKalb, and creating a new charter for said city, so as to provide for additional purposes for which the authorized one-half mill park improvement levy may be used.

HB 640.

By Representatives Bolster of the 30th and Couch of the 40th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipalities" (municipalities of this state having a popula tion of 400,000 or more according to the United States decennial census

FRIDAY, FEBRUARY 15, 1985

1087

of 1980 or any future such census), so as to change the provisions relat ing to certain definitions.

HB 780.

By Representative Heard of the 43rd:
A bill to grant exemptions from Fayette County School District ad valorem taxation to certain elderly and disabled residents of Fayette County; to provide the amount of and qualifications for said exemptions.

HB 782.

By Representative McDonald of the 12th:
A bill to amend an Act creating the office of tax commissioner of Jack son County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of com pensation and providing for the compensation of the chairman and mem bers of the Board of Commissioners of Jackson County, so as to change the compensation of the chairman and other members of the board of commissioners.

HB 653.

By Representative Davis of the 45th:
A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Train ing Council Act," so as to provide exemptions from such Act for certain magistrates who are active members of the State Bar of Georgia.

HB 776.

By Representatives Burruss of the 20th, Connell of the 87th, Murphy of the 18th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the power and authority of the Legislative Ser vices Committee, so as to change the provisions relating to maintenance, repair, construction, renovation, refurbishing, and furnishing of legisla tive areas; to amend Code Section 45-12-78 of the Official Code of Geor gia Annotated, relating to annual budget estimates, so as to authorize funds to be transferred.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 214.

By Representatives Logan of the 67th, McDonald of the 12th, Argo of the 68th and others:
A resolution urging the United States Army Corps of Engineers to com plete the Northeast Georgia Study, including the Curry Creek Dam and Lake.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 14. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, relating to boiler and pressure vessel safety, so as to remove the rule making power of the board and place such rule making power in the Department of Labor; to provide for the appointment of members of the board by the Commissioner of Labor.
SB 15. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to inspections of elevators and esca lators and similar devices, so as to change the date before which inspec tions shall be required; to eliminate the requirement that inspectors be in the classified service; to change the date by which the advisory committee shall be appointed.
The House has adopted by the requisite constitutional majority the following reso lution of the Senate:
SR 139. By Senator Burton of the 5th:
A resolution commending and congratulating Patty Parker.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 241. By Senator Deal of the 49th:
A bill to revise extensively statutes relative to the enforcement of child and spousal support obligations; to implement certain changes required by the federal Child Support Enforcement Amendments of 1984 (Pub. L. 98-378); to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide for amounts of earnings which may be subject to continuing garnishment for support.
Referred to Committee on Judiciary.
SB 242. By Senator Bowen of the 13th:
A bill to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operations of trains generally, so as to require railroads to operate certain trains with a caboose as the last car; to require a conductor or brakeman in such caboose; to provide excep tions to this requirement; to provide for enforcement by the Public Ser vice Commission.
Referred to Committee on Public Safety.

FRIDAY, FEBRUARY 15, 1985

1089

SB 243. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to provide that the prohibition against selling and serving alcoholic bever ages on the premises of billiard rooms shall not apply to certain eating establishments; to provide for related matters.
Referred to Committee on Consumer Affairs.

SB 244. By Senator Reddish of the 6th:
A bill to amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup, in and for the County of Wayne), as amended, so as to change the compensation of the judge and the solicitor; to change the secretarial allowance of the solicitor; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SR 150. By Senators Holloway of the 12th, Timmons of the llth, Perry of the 7th and others:
A resolution creating the Senate Study Committee on Rail Line Abandonments.
Referred to Committee on Rules.

SR 151. By Senators Holloway of the 12th, Timmons of the llth, Perry of the 7th and others:
A resolution creating the Senate L&N Railroad Lease Study Committee.
Referred to Committee on Rules.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 179.

By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to the suspension of license or driving privilege for failure to respond to a citation, so as to exempt lessees of motor vehicles which are motor carriers in violation of Article 2 of Chapter 9 of Title 48

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JOURNAL OF THE SENATE

or of a road tax law of another state from the suspension provisions of this Code section.
Referred to Committee on Transportation.

HB 313. By Representatives Thompson of the 20th and Atkins of the 21st:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 37 of the Offi cial Code of Georgia Annotated, relating to court ordered services in con nection with habilitation of the mentally retarded, so as to change the provisions relating to court orders for examination of allegedly mentally retarded persons by comprehensive evaluation teams.
Referred to Committee on Judiciary and Constitutional Law.

HB 484. By Representatives Childers of the 15th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, regarding health planning and development, so as to change the manner of adopting, promulgating, and implementing rules of the Health Planning Agency.
Referred to Committee on Human Resources.

HB 498. By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Code Section 28-4-8 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel and certain pay ments thereunder, so as to remove the provisions relating to the payment of social security.
Referred to Committee on Judiciary.

HB 543. By Representative Chambless of the 133rd:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to obtaining or attempting to obtain medical assis tance benefits or payments through false representation and fraud, so as to provide for definitions; to authorize the Department of Medical Assis tance to take certain actions regarding providers and persons having cer tain interests relating thereto.
Referred to Committee on Judiciary and Constitutional Law.

HB 602. By Representative Bargeron of the 108th:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or re cognizances, so as to provide that an appearance bond shall not be for feited if, prior to the forfeiture hearing, the principal in the bond is in custody.
Referred to Committee on Governmental Operations.

FRIDAY, FEBRUARY 15, 1985

1091

HB 776. By Representatives Burruss of the 20th, Connell of the 87th, Murphy of the 18th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the power and authority of the Legislative Ser vices Committee, so as to change the provisions relating to maintenance, repair, construction, renovation, refurbishing, and furnishing of legisla tive areas; to amend Code Section 45-12-78 of the Official Code of Geor gia Annotated, relating to annual budget estimates, so as to authorize funds to be transferred.
Referred to Committee on Judiciary.

HB 653. By Representative Davis of the 45th:
A bill to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Train ing Council Act," so as to provide exemptions from such Act for certain magistrates who are active members of the State Bar of Georgia.
Referred to Committee on Judiciary.

HR 214. By Representatives Logan of the 67th, McDonald of the 12th, Argo of the 68th and others:
A resolution urging the United States Army Corps of Engineers to com plete the Northeast Georgia Study, including the Curry Creek Dam and Lake.
Referred to Committee on Natural Resources.

HB 399. By Representatives Felton of the 22nd and Colbert of the 23rd:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relative to the description of certain education districts.
Referred to Committee on Urban and County Affairs.

HB 469. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a municipal court of the City of Atlanta (no* a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to Committee on Urban and County Affairs.

HB 634. By Representative Greer of the 39th:
A bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Fulton and DeKalb, and creating a new charter for said city, so as to provide for additional purposes for which the authorized one-half mill park improvement levy may be used.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 640. By Representatives Bolster of the 30th and Couch of the 40th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipalities" (municipalities of this state having a popula tion of 400,000 or more according to the United States decennial census of 1980 or any future such census), so as to change the provisions relat ing to certain definitions.
Referred to Committee on Urban and County Affairs.

HB 780. By Representative Heard of the 43rd:
A bill to grant exemptions from Fayette County School District ad valorem taxation to certain elderly and disabled residents of Fayette County; to provide the amount of and qualifications for said exemptions.
Referred to Committee on Urban and County Affairs.

HB 782. By Representative McDonald of the 12th:
A bill to amend an Act creating the office of tax commissioner of Jack son County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of com pensation and providing for the compensation of the chairman and mem bers of the Board of Commissioners of Jackson County, so as to change the compensation of the chairman and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 153. Do pass as amended. HR 183. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

FRIDAY, FEBRUARY 15, 1985

1093

HB 370. HB 463. HB 413. HB 371.

Do pass by substitute. Do pass. Do pass. Do pass.

HB 558. HB 488. HB 142.

Do pass. Do pass. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 185. Do pass. SB 200. Do pass.

SB 219. Do pass as amended. SB 233. Do pass as amended.

Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 411. HB 412. SB 160.

Do pass. Do pass. Do pass by substitute.

SB 161. Do pass. SB 162. Do pass. SB 163. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 235. Do pass.
HB 81. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 560. Do pass.

Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 74. Do pass by substitute. SB 86. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 147. SR 115. HB 58.

Do pass by substitute. Do pass by substitute. Do pass.

Respectfully submitted,

Senator Bowen of the 13th 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 228. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

FRIDAY, FEBRUARY 15, 1985

1095

Mr. President:

The Committee on Urban and County 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 236. SB 237. HB 36. HB 330. HB 467. HB 553. HB 559. HB 596. HB 597. HB 598. HB 599. HB 600. HB 603. HB 606. HB 611. HB 616. HB 628. HB 636.

Do pass. Do pass. Do pass by substitute. Do pass as amended. 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.

HB 654. HB 656. HB 657. HB 660. HB 661. HB 662. HB 663. HB 664. HB 672. HB 673. HB 674. HB 675. HB 676. HB 677. HB 678. HB 680. HB 691. HB 698.

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.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 404. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:

SB 60. By Senator Holloway of the 12th:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; to provide an effective date.

SB 114. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforce ment with respect to certain buildings and structures, so as to require fire safety inspections of hospitals to be performed by the state fire marshal; to provide an effective date.

SB 131. By Senators Dawkins of the 45th, Starr of the 44th and Greene of the 26th:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to fraudulent insurance claims, so as to define the offense of insurance fraud; to provide for certain procedural matters rela tive to the foregoing; to provide for penalties; to provide an effective date.

SB 136. By Senator Hudgins of the 15th:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to branch banks, offices, facili ties, and holding companies, so as to clarify the law relating to offices of non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations.

SB 137. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-91 of the Official Code of Georgia Annotated, relating to orders and the enforcement thereof by the Depart ment of Banking and Finance, so as to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department.

SB 138. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "en gaging in the business of selling or issuing checks".

FRIDAY, FEBRUARY 15, 1985

1097

SB 181. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide that any law enforcement officer may arrest a person if the law enforcement officer has probable cause to believe that such person has committed a criminal contempt of court by disobedience or resistance to a superior court order in a domestic relations case.

SB 191. By Senator Greene of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be substantially in a certain form; to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifi cally requested to do so by a person desiring to execute a living will.

SB 216.

By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies, so as to change the provisions relating to merger or consolidation.

SB 217.

By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for notification to the Georgia Bureau of Investigation when an inmate in any correctional institution dies without an attending physi cian or as a result of violence; to change certain procedures in connection with the sudden death of an inmate.

SB 228.

By Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to the requirement for audits of local governments, so as to change the provisions relative to the exceptions from the require ment for audits.

SR 95. By Senator Hudgins of the 15th:
A resolution urging the Governor to establish a Children, Youth, and Families Coordinating Council.

HB 51. By Representatives Bolster of the 30th, Adams of the 36th, Barnett of the 10th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities.

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JOURNAL OF THE SENATE

HB 77. By Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly.

HB 231.

By Representatives Thomas of the 69th, Evans of the 84th, Davis of the 45th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to issuance of search warrants, and Code Section 15-7-25 of the Official Code of Georgia An notated, relating to retired state court judges, so as to provide that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if authorized to do so by an active judge of the state court.

HB 240.

By Representatives Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
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," and to amend Chapter 32 of Title 36 of the Official Code of Geor gia Annotated, so as to provide that an owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance or an approved plan of self-insurance on such vehicle is guilty of a misdemeanor.

HB 255.

By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner.

HB 265.

By Representatives Milford of the 13th, Williams of the 6th, Aaron of the 56th and others:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Code Sections 348-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor.

HB 267.

By Representatives Oliver of the 121st, Hays of the 1st, Colwell of the 4th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to provide that any employee of the

FRIDAY, FEBRUARY 15, 1985

1099

Department of Offender Rehabilitation and of the State Board of Par dons and Paroles who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the employee is physi cally unable to perform the duties of this employment.

HB 311.

By Representative Evans of the 84th:
A bill to amend Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, so as to require that each professional association have a registered agent and registered office; to require that such agent and office be filed with the Secretary of State.

HB 90. By Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses.

HB 92. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions.

HB 119.

By Representatives Richardson of the 52nd, Galer of the 97th, Aaron of the 56th and others:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, so as to change the amount to which certain spouses, chil dren, or their descendants are entitled in cases of intestacy and to provide for renunciation thereof.

HB 189.

By Representative Colwell of the 4th:
A bill to amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years.

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JOURNAL OF THE SENATE

HB 190.

By Representatives Sizemore of the 136th, Bray of the 91st, Benefield of the 72nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose of taking applications for registration and registering qualified applicants as electors.

HB 194.

By Representatives Redding of the 50th, Holmes of the 28th, Dean of the 29th and others:
A bill to amend Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of prima ries and elections, and to amend Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct and preparation of municipal primaries and elections, so as to prohibit a can didate from contributing funds to defray the cost or a portion of the cost of certain campaign literature.

HB 229.

By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th 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 of ficials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly.

HB 379.

By Representatives Lawler of the 20th and Burruss of the 20th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, munici pal elections, nonpartisan municipal primaries, and special elections in municipalities.

HB 448.

By Representative Jackson of the 9th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive acts or practices, so as to provide that any violation of certain federal statutes or rules shall be consumer transactions and consumer acts or practices in trade or commerce.

HB 617.

By Representatives Colwell of the 4th and Johnson of the 72nd:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly

FRIDAY, FEBRUARY 15, 1985

1101

amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments.

HR 90. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

HR 91. By Representative Col well of the 4th:
A resolution authorizing the conveyance of certain state owned real properties located in Dougherty County, Georgia, and in the cities of Brunswick, Glynn County, Georgia; Carrollton, Carrol County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Geor gia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Geor gia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia.

HR 111.

By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with South ern Railway Company concerning certain state owned real property lo cated in Chattanooga, Tennessee.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Barr>es
ond BBorraawnnentnloeny Broun of 46th Brown of 47th Burton Cobb Dawkins Deal English

Engram Fincher Foster Garner Gillis
Greene H,",aarrrni.sson " lne Horton Huggms Kennedy Kidd Land Langford

McGill McKenzie Perry Phillips Ray
Reddish S^,,,tcaortrt of 2nd Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bryant

Coleman (excused)

Coverdell

1102
Dean Holloway Howard

JOURNAL OF THE SENATE

Hudgins Peevy

Scott of 36th Stumbaugh

Senator Timmons of the llth introduced the chaplain of the day, Reverend L.R. Whiddon, pastor of the First Baptist Church, Camilla, Georgia, who offered scripture reading and prayer.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following resolutions of the Senate were read and adopted:

SR 152.

By Senator Timmons of the llth:
A resolution commending Philip and Ann Moshell and inviting them to appear before the Senate.

SR 153. By Senator Walker of the 53rd: A resolution recognizing Dr. Marvin M. Cole.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Friday, February 15, 1985
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 226 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Amends Act changing compensation of clerk of superior court, sheriff, and probate judge from fee system to salary system; fixes salary of chief deputy sheriff; provides for method of selection and term of service of the chief deputy.

FRIDAY, FEBRUARY 15, 1985

1103

SB 230 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Amends Act changing boundaries of seven education districts; changes provisions relating to compensation of chairman and other members of board of education; provides an effective date.

HB 135 Timmons, llth City of Damascus Early County
Creates a new charter for city.

HB 327 Gillis, 20th City of Lyons Toombs County
Amends Act reincorporating the city; provides for election of mayor and rcvom unncfiill.

HB 532 Horton, 17th Butts County
Makes provisions for Magistrate Court and provides for appointment of chief magistrate and other magistrates; changes the method of selection of chief magistrate.

HB 541

Fincher, 54th Murray County
Continues constitutional amendment creating Industrial Development Authority.

HB 550 Timmons, llth Mitchell County
Continues constitutional amendment relating to creation of Development Authority and provisions for its powers, authority, funds, and purposes and procedures connected therewith.

HB 554 Baldwin, 29th Troup County
Amends Act creating Board of Commissioners; changes composition of commissioner districts.

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JOURNAL OF THE SENATE

HB 576

Dawkins, 45th Newton County
Changes compensation of members of board of commissioners.

HB 580

Baldwin, 29th Meriwether County
To reconstitute board of education.

HB 581

Baldwin, 29th Meriwether County
Amends Act creating board of commissioners; changes the provisions re lating to election of members of board of commissioners.

HB 588

Holloway, 12th City of Albany Dougherty County
Continues amendment which creates Albany Dougherty Payroll Develop ment Authority.

HB 671

Foster, 50th Stephens County
To continue and re-create State Court.

HB 707 Foster, 50th Dawson County
To authorize governing authority to impose business and occupational li cense taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

HB 726 Horton, 17th Henry County
Amends Act creating Henry County Development Authority; changes provisions relating to compensation of members and reimbursement of expenses; provides for validity and ratification of certain actions by the authority.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 15, 1985

1105

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant

Coleman Howard

Land Scott of 36th

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SENATE RULES CALENDAR
Friday, February 15, 1985
TWENTY-FOURTH LEGISLATIVE DAY
HR 50 Zell Miller Corporate Conference Center at World Congress Center--designate (ED&T--46th)
SB 205 Stone Mountain Memorial Association--change membership (ED&T--46th)
HB 475 Appropriations, 1984-85--change revenue estimate and certain ap propriations (Approp--44th)
SB 156 Magistrate Courts--election of chief and appointment of magistrates (Judy--52nd)
SB 57 Pharmacy Robbery--penalties (SUBSTITUTE) (J&CL--30th)

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JOURNAL OF THE SENATE

SB 169 Construction of Statutes--change provisions on time computation (AMENDMENT) (J&CL--26th)
SB 202 Georgia State Guard--change name to State Defense Force (D&VA--3rd)
SB 204 Insurer--no refusal to insure individual because of blindness (Ins--15th)
SB 213 Emergency Management Division of Defense Department--change title of Deputy Director (D&VA--3rd)
SB 220 Geographic Position of Points in Georgia--system of coordinates for designating (Nat R--17th)
SR 118 Corridor Z Highway Name Study Committee--create (Rules--7th)
SR 130 Budget Director, David Stockman's remarks on Military Pension System--relative to (D&VA--15th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

HR 50. By Representatives Triplett of the 128th, Murphy of the 18th, Argo of the 68th and Lee of the 72nd: A resolution providing for the designation of the "Zell Miller Corporate Conference Center" of the Georgia World Congress Center.
Senate Sponsor: Senator Broun of the 46th.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Engram Foster

Garner Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Huggins

FRIDAY, FEBRUARY 15, 1985

1107

Kidd Langford McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Starr Stumbaugh Tate

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) Fincher

Howard Kennedy (presiding)

Land 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.

The President resumed the Chair.

Senator Timmons of the llth introduced the doctor of the day, Dr. James Crowdis, of Blakely, Georgia.

The following resolution of the Senate was read and adopted:

SR 149.

By Senators Foster of the 50th, Deal of the 49th and Allgood of the 22nd:
A resolution recognizing and expressing appreciation to Mr. Fred W. Hooper on the occasion of his induction into the Georgia Sports Hall of Fame.

Senator Foster of the 50th introduced Mr. Fred Hooper who briefly addressed the Senate.

Senator Horton of the 17th moved that the following local bill of the House, hav ing been passed previously today, be immediately transmitted to the House:

HB 726.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act creating the Henry County Development Author ity, so as to change provisions relating to the compensation of members and reimbursement of expenses; to provide for the validity and ratifica tion of certain actions by the authority.

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JOURNAL OF THE SENATE

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 726 was immediately transmitted to the House.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 205.

By Senator Broun of the 46th:
A bill to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, so as to change the membership of the association; to pro vide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris Hine Holloway Hudgins Huggins Kennedy Kidd

McGill Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Walker

Those not voting were Senators:

Albert Brantley Bryant Burton Coleman (excused) Coverdell

Engram Harrison Horton Howard Land Langford

McKenzie Phillips Tolleson Turner Tysinger

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 15, 1985

1109

HB 475.

By Representatives Walker of the 115th, Murphy of the 18th and Mc Donald of the 12th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fis cal Year 1984-85.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal

Dean Fincher Foster Garner Gillis Greene Harris Mine Holloway Howard Hudgins Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bryant Coleman (excused) English Engram

Harrison Horton Land

McKenzie Timmons Trulock

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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JOURNAL OF THE SENATE

SB 156. By Senator Hine of the 52nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the election of the chief magistrate and the appointment of magistrates; to authorize the chief magistrate to suspend a magistrate under certain circumstances; to provide that the suspension must be ap proved by the Judicial Qualifications Commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Brantley Burton Cobb Coverdell

Dawkins Deal Engram Foster Garner Greene Hine Holloway

Horton Howard Huggins Kidd Phillips Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barker Bond Broun of 46th Brown of 47th Dean English Gillis Harris

Hudgins Kennedy Langford McGill Peevy Perry Ray Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker

Those not voting were Senators:

Bryant Coleman (excused)

Fincher Harrison

Land McKenzie

On the passage of the bill, the yeas were 25, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

FRIDAY, FEBRUARY 15, 1985

1111

Senator Hine of the 52nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 156.

SB 57. By Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd and others:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of commit ting a theft of any controlled substance, such person violates Code Sec tion 16-8-41, relating to armed robbery; to provide penalties.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 57:

A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of con trolled substances, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing an armed robbery pur suant to Code Section 16-8-41, such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist; to provide penalties; to provide for a greater penalty in any case where the defendant inflicts bodily injury upon a person during the commission of a pharmacy robbery; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by adding between Code Sections 16-13-32.3 and 16-13-33 a new Code Section 16-13-32.4. to read as follows:
"16-13-32.4. (a) As used in this Code section, the term:
(1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(2) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, includ ing any and all portions of any building or structure leased, used, or con trolled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term 'pharmacy' shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dis pensing of any controlled substance.
(3) 'Wholesale druggist' means an individual, partnership, corpora tion, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26.

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JOURNAL OF THE SENATE

(b) A person commits the offense of pharmacy robbery when, in the course of committing an armed robbery pursuant to Code Section 168-41, such person unlawfully takes a controlled substance from a phar macy or a wholesale druggist.
(c) (1) A person convicted of the offense of pharmacy robbery shall be sentenced to a term of imprisonment of not less than seven nor more than 20 years and shall pay a fine of $20,000.00.
(2) The provisions of paragraph (1) of this subsection notwithstand ing, in any case in which the defendant commits the offense of pharmacy robbery and in the course of the commission of the offense intentionally inflicts bodily injury upon any person, such fact shall be charged in the indictment or accusation; and, if found to be true by the court or if ad mitted by the defendant, the defendant shall be sentenced, to a term of imprisonment of not less than ten nor more than 25 years and shall pay a fine of $35,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that SB 57 be placed on the Table.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 57 was placed on the Table.

SB 169. By Senator Greene of the 26th:
A bill to amend Code Section 1-3-1 of the Official Code of Georgia An notated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 911-6 of the Official Code of Georgia Annotated, relating to time compu tations, so as to provide that such computations shall be made according to Code Section 1-3-1.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend SB 169 by inserting on line 8 of Page 2 between "excluded" and "." the following:
"in the computation".

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.

FRIDAY, FEBRUARY 15, 1985

1113

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes Brannon Brantley

Bryant Coleman (excused) Gillis

Land Timmons Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 202.

By Senators Bryant of the 3rd, Kennedy of the 4th and Perry of the 7th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force.

Senator Perry of the 7th moved that SB 202 be postponed until Monday, February 18.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 202 was postponed until Monday, February 18.

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SB 204.

By Senator Hudgins of the 15th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and de ceptive acts or practices in insurance, so as to prohibit insurers from re fusing or refusing to continue to insure an individual, limiting coverage to an individual, or charging an individual a different rate for coverage solely because the individual is blind or partially blind.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator McKenzie.

Those not voting were Senators:

Brannon Bryant Coleman (excused)

Dean Fincher

Land Timmons

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 15, 1985

1115

SB 213.

By Senators Bryant of the 3rd and Perry of the 7th:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director".

Senator Perry of the 7th moved that SB 213 be postponed until Monday, February 18.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 213 was postponed until February 18.

SR 118. By Senators Perry of the 7th, Bryant of the 3rd, McKenzie of the 14th and others:
A resolution creating the Corridor Z Highway Name 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Brannon Bryant Coleman (excused)

Fincher Horton Land

Starr Timmons

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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.

SR 130. By Senators Hudgins of the 15th, Allgood of the 22nd, Brannon of the 51st and others:
A resolution relative to Budget Director David Stockman's remarks con cerning the military pension system.

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:

Albert Allgood Bowen Engram Gillis Greene

Harris Horton Hudgins Kennedy Kidd Langford

McGill Ray Reddish Scott of 2nd Timmons Walker

Those voting in the negative were Senators:

Baldwin Barnes Bond Brantley Brown of 47th Burton Coverdell Dawkins Deal Dean

English Fincher Foster Garner Harrison Hine Holloway Howard Huggins McKenzie

Peevy Perry Phillips Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun of 46th

Bryant Cobb Coleman (excused)

Land Starr

On the adoption of the resolution, the yeas were 18, nays 30.

FRIDAY, FEBRUARY 15, 1985

1117

The resolution, having failed to receive the requisite constitutional majority, was lost.

SB 220.

By Senators Horton of the 17th and Tysinger of the 41st:
A bill to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Bryant

Cobb Coleman (excused) Land

Langford 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.

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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 has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 14. SB 15.
Respectfully submitted, /s/ Ed Barker, Chairman
Senator, District 18

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, and the motion prevailed.

At 11:10 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday.

MONDAY, FEBRUARY 18, 1985

1119

Senate Chamber, Atlanta, Georgia Monday, February 18, 1985
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 15, had been read and found correct.

Senator Mine of the 52nd moved that the Senate reconsider its action of Friday, February 15, in defeating the following bill of the Senate:

SB 156. By Senator Hine of the 52nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the election of the chief magistrate and the appointment of magistrates; to authorize the chief magistrate to suspend a magistrate under certain circumstances; to provide that the suspension must be ap proved by the Judicial Qualifications Commission.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen BBrraannntloeny
Broun of 46th
Brown of 47th Bryant
Burton

Cobb Dawkins English Garner Greene HHianreris
Holloway
Huggins Kennedy
Kidd

Langford McGill McKenzie Peevy pe _*ed.d?.ish,r ,, J
Scott of 2nd
Trulock Turner
Tysinger

Voting in the negative was Senator Bond.

Those not voting were Senators:

Barker Coleman (excused) Coverdell

Deal Dean Engram

Fincher Foster Gillis

1120
Harrison Horton Howard Hudgins Land (excused)

JOURNAL OF THE SENATE

Phillips
Ray Scott of 36th Starr
Stumbaugh

Tate Timmons
Tolleson Walker

On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 156 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 91. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that when any action is filed by a party who is not represented by an attorney and claims that he is unable to pay court costs because of his indigence, the complaint or other initial pleadings shall be assigned to and reviewed by a judge of the court prior to filing.

HB 266.

By Representatives Milford of the 13th, Aaron of the 56th, Mostiler of the 75th and others:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits of certain persons, so as to provide for denial of benefits to professional and nonprofessional employ ees of educational institutions between academic years or terms and dur ing an established and customary vacation or holiday.

HB 343.

By Representatives Bray of the 91st, Beck of the 148th, Oliver of the 1st and others:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions re lating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts.

MONDAY, FEBRUARY 18, 1985

1121

HB 369.

By Representatives Martin of the 60th, Colbert of the 23rd, Manner of the 131st and others:
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, so as to re peal provisions concerning fire inspections of day-care homes and daycare centers; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to include day-care homes and day-care centers as subject to regulations of the Safety Fire Commissioner.

HB 395.

By Representative Barnett of the 10th:
A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications.

HB 436.

By Representative Colwell of the 4th:
A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to authorize the Department of Administrative Services to enter into lease contracts for administrative space to be constructed to its specifications.

HB 447.

By Representative Hudson of the 117th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for pecan sprayers, pecan shakers, and other equip ment used in harvesting pecans sold to persons engaged in the growing and production of pecans.

HB 456.

By Representatives Ware of the 77th, Hooks of the 116th, Bargeron of the 108th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of in surance, so as to provide for jurisdiction of certain providers of health care benefits.

HB 645.

By Representative Russell of the 64th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease pa tients and the Kidney Disease Advisory Committee, so as to change the membership of said committee; to eliminate the position of kidney dis ease control officer and provide that the commissioner of human re sources shall provide staff to carry out programs.

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HB 658.

By Representative Wilson of the 20th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of "persons liable for cost of care"; to change the provisions relating to assessment of persons liable for cost of care.

HB 684.

By Representatives Peters of the 2nd, Williams of the 6th, Wilson of the 20th and Linder of the 44th:
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; to provide for all related matters.

HB 692.

By Representatives Milford of the 13th and Clark of the 13th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide that flat-bed motor vehicle carriers shall not carry a load exceeding 65 feet in length; to provide that subsection (a) of Code Section 32-6-24, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed motor vehicle carriers.

HB 783.

By Representative McDonald of the 12th:
A bill to amend Code Section 50-6-27 of the Official Code of Georgia Annotated, relating to the preparation of an annual personnel report by the state auditor, so as to remove the provision directing that a copy of the report be furnished each member of the General Assembly; to pro vide that the state auditor shall furnish each member of the General As sembly a card or form to enable a member to request a copy of such report.

HB 604.

By Representative Oliver of the 121st:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to provide for a Board of Commissioners of Tattnall County.

HB 755.

By Representatives Johnson of the 76th and Mostiler of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to change the method of electing the five members of the board of commissioners by providing for the election of four members from singlemember districts apportioned on the basis of population and one member elected at large.

MONDAY, FEBRUARY 18, 1985

1123

HB 762. By Representative Bostick of the 138th: A bill to create a board of elections and registration in Tift County.

HB 781.

By Representative Heard of the 43rd:
A bill to provide that the school superintendent of the Fayette County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected.

HB 785.

By Representatives Pinkston of the 100th, Home of the 103rd, Groover of the 99th and Randall of the 101st:
A bill to amend an Act providing a new charter for the City of Macon, Georgia, so as to change the corporate limits of said city.

HB 791.

By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor; to provide that the judge shall be a full-time judge.

HB 798.

By Representative Heard of the 43rd:
A bill to amend an Act creating and incorporating Peachtree City, so as to change the provisions on the power of the mayor to vote on questions before the city council; to change the provisions relating to vetoes by the mayor.

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 27. By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A resolution creating the Hazardous Materials Emergency Response Ad visory Council.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 177. By Senator Muggins of the 53rd:
A bill to amend an Act creating the Dade County Water and Sewer Authority, as amended by an Act approved April 2, 1973 (Ga. L. 1973, p. 2542), so as to change provisions relating to issuance of revenue bonds by the authority; to provide for other matters relative to the foregoing; to provide an effective date.

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SB 179. By Senator Timmons of the llth:
A bill to amend an Act relating to the board of commissioners of Calhoun County, as amended, so as to change the compensation of the chair man of the board of commissioners; to provide an effective date.

SB 184. By Senator McKenzie of the 14th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Macon County Industrial Building Authority; to provide the authority for this Act.

SB 188. By Senator Cobb of the 28th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the Griffin-Spalding County Development Authority and its powers, duties, and authority; to provide the authority for this Act.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 245. By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to provide for vacancies in elected offices; to provide for oaths of offices; to provide what actions shall be considered a forfei ture of office; to provide for inquiries and investigations into the affairs of the city or its departments.
Referred to Committee on Urban and County Affairs.

SB 246. By Senator Scott of the 2nd:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah so as to change the provisions relating to the judge emeritus of the Municipal Court of Savannah; to provide that said judge emeritus shall serve as judge of the Magistrate Court of Chatham County upon the call of the chief magistrate.
Referred to Committee on Urban and County Affairs.

SB 247. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to provide that default judgments may be appealed only for a de novo determination, without a jury, of whether the default should have been set aside or whether the damages were liquidated; to provide for remand of such cases.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 18, 1985

1125

SB 248. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to provide for default judgments; to provide for procedure; to pro vide for opening certain default judgments; to provide for requests for relief; to provide for certain complaints in equity.
Referred to Committee on Judiciary.

SB 249. By Senator Fincher of the 54th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding probate courts, so as to authorize the appointment of chief clerks by judges of the probate court and provide that, upon a vacancy occurring in the office of judge of the probate court, such chief clerks shall assume the duties of that office.
Referred to Committee on Governmental Operations.

SR 154. By Senators McGill of the 24th, Gillis of the 20th and Trulock of the 10th:
A resolution urging the enactment of a comprehensive federal marketing and bargaining act.
Referred to Committee on Agriculture.

The following bills and resolution of the House were read the first time and re ferred to committees:

HB 91. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that, when any action is filed by a party who is not represented by an attorney, and who claims that he is unable to pay court costs because of his indigence, the com plaint or other initial pleadings shall be assigned to and reviewed by a judge of the court prior to filing.
Referred to Committee on Judiciary.

HB 266. By Representatives Milford of the 13th, Aaron of the 56th, Mostiler of the 75th and Martin of the 60th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits to professional and nonprofessional employees of educational institutions between academic years or terms and during an established and customary vacation or holiday.
Referred to Committee on Education.

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JOURNAL OF THE SENATE

HB 343. By Representatives Bray of the 91st, Beck of the 148th, Oliver of the 1st and others:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions re lating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts.
Referred to Committee on Governmental Operations.

HB 369. By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
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, so as to re peal provisions concerning fire inspections of day-care homes and daycare centers; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to include day-care homes and day-care centers as subject to regulations of the Safety Fire Commissioner.
Referred to Committee on Children and Youth.

HB 395. By Representative Barnett of the 10th:
A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications.
Referred to Committee on Banking and Finance.

HB 436. By Representative Colwell of the 4th:
A bill to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to authorize the Department of Administrative Services to enter into lease contracts for administrative space to be constructed to its specifications.
Referred to Committee on Governmental Operations.

HB 447. By Representative Hudson of the 117th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for pecan sprayers, pecan shakers, and other equip ment used in harvesting pecans sold to persons engaged in the growing and production of pecans.
Referred to Committee on Banking and Finance.

MONDAY, FEBRUARY 18, 1985

1127

HB 456. By Representatives Ware of the 77th, Hooks of the 116th, Bargeron of the 108th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of in surance, so as to provide for jurisdiction of certain providers of health care benefits.
Referred to Committee on Insurance.

HB 645. By Representative Russell of the 64th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease pa tients and the Kidney Disease Advisory Committee, so as to change the membership of said committee; to eliminate the position of kidney dis ease control officer and provide that the commissioner of human re sources shall provide staff to carry out programs.
Referred to Committee on Human Resources.

HB 658. By Representative Wilson of the 20th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of "persons liable for cost of care"; to change the provisions relating to assessment of persons liable for cost of care.
Referred to Committee on Human Resources.

HB 684. By Representatives Peters of the 2nd, Williams of the 6th, Wilson of the 20th and Linder of the 44th:
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; to provide for all related matters.
Referred to Committee on Governmental Operations.

HB 692. By Representatives Milford of the 13th and Clark of the 13th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide that flat-bed motor vehicle carriers shall not carry a load exceeding 65 feet in length; to provide that subsection (a) of Code Section 32-6-24, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed motor vehicle carriers.
Referred to Committee on Transportation.

HB 783.

By Representative McDonald of the 12th:
A bill to amend Code Section 50-6-27 of the Official Code of Georgia Annotated, relating to the preparation of an annual personnel report by the state auditor, so as to remove the provision directing that a copy of

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the report be furnished each member of the General Assembly; to pro vide that the state auditor shall furnish each member of the General As sembly a card or form to enable a member to request a copy of such report.
Referred to Committee on Governmental Operations.

HR 27. By Representatives Ramsey of the 3rd, Williams of the 6th, Foster of the 6th and others:
A resolution creating the Hazardous Materials Emergency Response Ad visory Council.
Referred to Committee on Natural Resources.

HB 604. By Representative Oliver of the 121st:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to provide for a Board of Commissioners of Tattnall County.
Referred to Committee on Urban and County Affairs.

HB 755. By Representatives Johnson of the 76th and Mostiler of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to change the method of electing the five members of the board of commissioners by providing for the election of four members from singlemember districts apportioned on the basis of population and one member elected at large.
Referred to Committee on Urban and County Affairs.

HB 762. By Representative Bostick of the 138th: A bill to create a board of elections and registration in Tift County.
Referred to Committee on Urban and County Affairs.

HB 781. By Representative Heard of the 43rd:
A bill to provide that the school superintendent of the Fayette County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected.
Referred to Committee on Urban and County Affairs.

HB 785. By Representatives Pinkston of the 100th, Home of the 103rd, Groover of the 99th and Randall of the 101st:
A bill to amend an Act providing a new charter for the City of Macon, Georgia, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 18, 1985

1129

HB 791. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor; to provide that the judge shall be a full-time judge.
Referred to Committee on Urban and County Affairs.

HB 798. By Representative Heard of the 43rd:
A bill to amend an Act creating and incorporating Peachtree City, so as to change the provisions on the power of the mayor to vote on questions before the city council; to change the provisions relating to vetoes by the mayor.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 135. Do pass. SB 211. Do pass. SB 208. Do pass as amended.
Respectfully submitted,
Senator Greene of the 26th 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 170. Do pass as amended.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the

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following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 244. HB 697. HB 701. HB 702. HB 719. HB 720. HB 721.
HB 727.
HB 729.

Do pass. Do pass. Do pass. Do pFass. Do pass. Do pass. Do pass.
Do pass.
Do pass.

HB 730. HB 739. HB ?4Q H,,,,B ,,74,,1, . HB 742. HB 743 ' HB 744. HB 745.

Do pass. Do pass. Do pass
Do pass. Do pass.
F Do Pass ' Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 74. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense shall be entitled to be present in court during the prosecution of such offense; to provide for certain exceptions.

SB 86. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, so as to provide that the superior court may delegate to the magistrate court the authority to grant bail for certain offenses otherwise bailable only before a judge of superior court; to provide for all related matters.

SB 147. By Senators Perry of the 7th, Bryant of the 3rd, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any sur plus of funds directly related to fines imposed for violations of the laws of this state relating to controlled substances shall be equally divided be tween the county entitled to share such funds and the Georgia Bureau of Investigation.

MONDAY, FEBRUARY 18, 1985

1131

SB 160. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for per sons who will be presumed dependent; to provide for compensation for vocational rehabilitation; to provide for compensation for medical care and other treatment; to require the State Board of Workers' Compensa tion to publish annually a list of charges for medical services.

SB 161. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to payment of workers' compensation, so as to provide that the board shall be authorized to order the employer or insurance carrier to repay the group insurance company or other health insurance carrier the funds it has expended for the claimant's medical treatment; to provide procedures.

SB 162. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill 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 automatic dis missal of applications for hearings if no hearing is scheduled for a period of five years; to provide for applicability.

SB 163. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Code Section 34-9-221 of the Official Code of Georgia Annotated, relating to the timing of payment of workers' compensation income benefits, so as to change the time for payment of benefits.

SB 185. By Senators English of the 21st, Gillis of the 20th and Ray of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with re spect to postsecondary education, so as to revise comprehensively the pro visions relating to grants for attendance at colleges of osteopathic medicine; to declare legislative findings and purpose.

SB 200.

By Senator Brannon of the 51st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31.

1132

JOURNAL OF THE SENATE

SB 219.

By Senator Mine of the 52nd:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are qualified to do so to that of ensuring that the governing body operat ing a treatment program is licensed to do so; to change certain defini tions; to change certain licensure provisions.

SB 233.

By Senator Howard of the 42nd:
A bill to amend Code Section 49-6-61 of the Official Code of Georgia Annotated, relating to definitions regarding community care and services for the elderly, so as to change certain limitations regarding which enti ties may be lead agencies.

SB 235.

By Senator Deal of the 49th:
A bill 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.

SR 115.

By Senator Engram of the 34th:
A resolution encouraging the Department of Public Safety to provide certain information regarding organ donations.

HB 58. By Representatives Jackson of the 9th, Colwell of the 4th and Anderson of the 8th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the ac ceptance by the Department of Public Safety of donations or convey ances of property, equipment or services.

HB 81. By Representatives Aiken of the 21st and Johnson of the 21st:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance poli cies, so as to extend the term for which a debtor is eligible for an indebt edness repayable in one sum.

HB 142.

By Representatives Wall of the 61st, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for violating certain laws relating to al coholic beverages, so as to change the penalty for providing alcoholic beverages to persons under 19 years of age.

MONDAY, FEBRUARY 18, 1985

1133

HB 228.

By Representative Johnson of the 72nd:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills.

HB 370.

By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa.

HB 371.

By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, viola tions which constitute an unfair or deceptive act, and penalties for viola tions, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator.

HB 404.

By Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to tax collectors, so as to pro vide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due.

HB 411.

By Representatives Martin of the 60th, Burruss of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to raise the taxable wage base; to change the definition of the term "wages"; to change the provisions relating to determination of weekly benefit amount; to raise the maximum weekly benefit amount.

HB 412.

By Representatives Martin of the 60th, Williams of the 6th, Milford of the 13th and others:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Em ployment Security Law," so as to change the definition of the term "wages"; to provide that the term "wages" shall not include payments made to or on behalf of an employee for sickness or accident disability, only if the payments are received under a workers' compensation law.

1134

JOURNAL OF THE SENATE

HB 413.

By Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the levy and collection of a tax on alcoholic beverages in DeKalb County and municipalities therein and the allocation of the proceeds of said tax for educational purposes.

HB 463.

By Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd and others:
A bill to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sales, use, or final delivery within this state of all distilled spirits and alcohol.

HB 488.

By Representatives Bishop of the 94th and Dixon of the 151st:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relat ing to alcoholic beverages, so as to clarify what shall be declared as con traband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue requirements.

HB 558.

By Representatives Redding of the 50th, Bishop of the 94th, Dixon of the 151st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, gen erally, so as to require counties and municipalities to notify the Depart ment of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law or local ordinance relating to the sale of alcoholic beverages to underage persons.

HB 560.

By Representatives Ware of the 77th, Lawson of the 9th, Auten of the 156th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change certain fees charged for service of process on foreign, alien, and unauthorized insur ers; to change the fees charged for filing an application for an original certificate of authority and for the issuance of an original certificate of authority.

HR 153.

By Representatives Godbee of the 110th and Bargeron of the 108th:
A resolution declaring the farmer to be an endangered species; urging the United States Congress to take action.

MONDAY, FEBRUARY 18, 1985

1135

HR 183.

By Representatives Reaves of the 147th and Walker of the 115th:
A resolution urging the imposition of a 120 day moratorium on all farm foreclosures.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Barnes
ond nwen
Branty BBrroywannt of 47th
Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis Greene
HHlo"lleoway Horton Hudgins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd
Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Broun of 46th Coleman (excused) Harrison

Howard Huggins

Land (excused) Walker

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.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

Senator Coverdell of the 40th asked unanimous consent to excuse Senator Land of the 16th from the Senate today due to a death in his family; the consent was granted, and Senator Land of the 16th was excused from the Senate today.

1136

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:

SR 155. By Senator Howard of the 42nd: A resolution recognizing and expressing appreciation to Ben F. Johnson.

SR 156. By Senator Fincher of the 54th: A resolution commending North Whitfield Middle School.

SR 157.

By Senator Fincher of the 54th:
A resolution recognizing and commending the distinguished service of Chancellor Vernon Crawford.

SR 159.

By Senators Bryant of the 3rd, Kennedy of the 4th, Kidd of the 25th and others:
A resolution expressing regrets at the passing of the Honorable Winebert Dan Flexer II.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 18, 1985
TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 236 McKenzie, 14th Macon County
Amends Act creating board of commissioners; provides for membership of board of commissioners; provides for election districts; provides for election; provides for a chairman and a vice-chairman; provides for cur rent members; provides for submission under federal Voting Rights of 1965.

SB 237 Brantley, 56th Barnes, 33rd Harrison, 36th Tolleson, 32nd Cobb County
To provide for creation of one or more community improvement districts

MONDAY, FEBRUARY 18, 1985

1137

in Cobb County and in each municipality therein; provides for short title; provides for purposes of said districts; provides for definitions; provides for boards to administer said districts; provides for appointment and elec tion of members of said boards.

*HB 36**Horton, 17th Starr, 44th Clayton County
Burton, 5th Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd DeKalb County

Engram, 34th Langford, 35th D. Scott, 36th Bond, 39th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Phillips, 9th Peevy, 48th Gwinnett County

Amends Act known as the "Metropolitan Atlanta Rapid Transit Author ity Act of 1965"; adds two new members to the Board of Directors of the Authority; provides for additional residency requirements. (SUBSTI TUTE)

*HB 330

Deal, 49th Hall County
Amends Act establishing State Court of said county; provides for assis tant solicitors of said state court. (AMENDMENT)

HB 467 Burton, 5th Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd DeKalb County
Amends Act creating State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County; adds a judge of said court.

HB 553

Barker, 18th Greene, 26th Harris, 27th City of Macon Bibb County

Amends Act creating a public body corporate and politic, as an instru mentality, and to be known as the Macon-Bibb County Industrial Au thority, so as to add one new member to said authority; provides for the method of appointing said new member.

1138

JOURNAL OF THE SENATE

*HB 559

Dean, 31st Polk County
Amends Act creating office of tax commissioner; changes compensation of tax commissioner. (AMENDMENT)

HB 596 Baldwin, 29th Troup County
Provides compensation for specified officers; changes the salary of the sheriff, the clerk of superior court, tax commissioner, and judge of pro bate court.

HB 597 Baldwin, 29th Troup County
Changes compensation of coroner.

HB 598 Baldwin, 29th Troup County
Amends Act creating Board of Commissioners; increases compensation of said commissioners.

HB 599 Baldwin, 29th Troup County
Provides compensation of chief magistrate of Magistrate Court.

HB 600 Baldwin, 29th Troup County
Amends Act creating State Court; changes compensation of judge and solicitor.

HB 603 Kennedy, 4th Tattnall County
Amends Act creating State Court; changes compensation of judge of state court.

HB 606 Kidd, 25th Jones County
Amends Act reconstituting membership of board of education; corrects an error in description of dates of service of chairman of board.

HB 611

Kidd, 25th Morgan County
To provide for election of members of board of education.

MONDAY, FEBRUARY 18, 1985

1139

HB 616

Harrison, 37th Brannon, 51st Cherokee County
To authorize governing authority to impose business and occupational li cense taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.

HB 628 Baldwin, 29th Garner, 30th City of Carrollton Carroll County
To amend Act establishing a system of public schools; changes provisions relating to election of members of board of education.

HB 636

Brannon, 51st City of Fairmount Gordon County
Amends Act creating new charter; changes provisions relating to terms of members of city council.

HB 654 McGill, 24th McDuffie County
Amends Act consolidating offices of tax receiver and tax collector into office of tax commissioner; changes compensation provisions relating to tax commissioner.

HB 656

Dawkins, 45th Rockdale County
Amends Act creating office of tax commissioner; changes salary of tax commissioner.

HB 657 Dawkins, 45th Rockdale County
Amends Act creating board of commissioners; changes compensation of chairman and other members of board of commissioners.

HB 660

Dawkins, 45th Rockdale County
Amends Act creating Magistrate's Court; changes annual salary of chief magistrate.

HB 661

Dawkins, 45th Rockdale County
Amends Act providing annual salary for judge of Probate Court in lieu

1140

JOURNAL OF THE SENATE

of the fee system of compensation; changes compensation of judge of pro bate court.

HB 662 Dawkins, 45th Rockdale County
Amends Act placing sheriff on annual salary; changes compensation of sheriff.

HB 663

Dawkins, 45th Rockdale County
Amends Act fixing compensation of clerk of Superior Court; changes compensation of clerk of superior court.

HB 664

Dawkins, 45th Rockdale County
Amends Act providing annual salary for coroner in lieu of a fee system of compensation; changes compensation of coroner.

HB 672 Huggins, 53rd Walker County
Continues amendment which relates to creation of Walker County De velopment Authority and powers and functions of the authority.

HB 673

Cobb, 28th Coweta County
Continues in force amendment which merged Coweta County school sys tem and the independent school system of City of Newnan.

HB 674

Cobb, 28th Coweta County
Continues amendment which creates Coweta County Development Au thority.

HB 675

Cobb, 28th Coweta County
Continues amendment which authorizes Coweta County to establish water, sanitation, sewerage, and fire protection districts.

HB 676

Cobb, 28th Coweta County
Continues amendment which authorizes Coweta County and municipali ties located therein to exempt from ad valorem taxation certain tangible personal property.

MONDAY, FEBRUARY 18, 1985

1141

HB 677 Cobb, 28th Coweta County
Continues amendment which authorized the Board of Education to enter into certain leases, contracts, and agreements.

HB 678 Timmons, llth City of Baconton Mitchell County
Amends Act reincorporating and providing new charter for city; changes composition of governing authority.

HB 680 Garner, 30th Engram, 34th City of Douglasville Douglas County
Creates Douglasville-Douglas County Water and Sewer Authority; re peals existing legislation creating Douglasville-Douglas County Water Authority.

HB 691

Reddish, 6th City of Kingsland Camden County
Amends Act incorporating City of Kingsland; creates office of city man ager.

HB 698

Broun, 46th City of Winterville Clarke County
Amends Act granting new charter to city; changes provisions relating to election and terms of office of mayor and councilmen.

THE FOLLOWING OBJECTIONS WERE RECORDED:
*HB 36** Senators Bond of the 39th, Tate of the 38th and Holloway of the 12th requested, as provided for in Senate Rule 113, that HB 36 be moved to the Senate Local Contested Calendar; the request was granted, and HB 36 was placed on the Senate Local Contested Calendar for today.

1142

JOURNAL OF THE SENATE

The amendments to the following bills were put upon their adoption:

*HB 330:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 330 by adding after the semicolon on line 6 of Page 1 the following:
"to provide for clerical employees of the solicitor;".
By striking from lines 16 and 17 of Page 1 the following:
"a new subsection (b)",
and inserting in place thereof the following:
"new subsections (b) and (c)".
By striking the quotation mark on line 21 of Page 2 and adding be tween lines 21 and 22 of Page 2 the following:
"(c) The solicitor shall have the sole authority to select, hire, fire, and fix the compensation of his necessary clerical employees. The salaries of said employees and the necessary operating expense of said office shall be paid by Hall County.' "
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

*HB 559:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 559 by striking from line 16 of Page 1 the following: "$24,000.00",
and inserting in lieu thereof the following: "$26,000.00".
On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

MONDAY, FEBRUARY 18, 1985

1143

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman (excused)

Dawkins Land (excused)

Trulock

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 36, HB 330 and HB 559, having received the requisite constitutional majority, were passed.

HB 330 and HB 559, having received the requisite constitutional majority, were passed as amended.

HB 36 was moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR
February 18, 1985
TWENTY-SEVENTH LEGISLATIVE DAY
The following local bill of the House, having been favorably reported by the com mittee and moved to the Senate Local Contested Calendar for today pursuant to Sen ate Rule 113, was put upon its passage:

1144

JOURNAL OF THE SENATE

*HB 36. **By Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements. (SUBSTITUTE)

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 36:

A BILL
To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to add three new members to the Board of Directors of the Authority; to provide for additional residency re quirements; to provide for other matters relative thereto; to repeal a provi sion which limits wage, salary, and fringe benefit increases which may be paid to certain officers and employees of the Authority; 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. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking the first paragraph of subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new first para graph of said subsection to read as follows:
"The Board of Directors of the Authority shall be composed of 17 members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five members shall be residents of DeKalb County to be appointed by the local gov erning body thereof and at least one of such appointees shall be a resi dent of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the southernmost corporate boundaries of the City of Decatur; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least one of such appointees shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that por tion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be ap pointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex

MONDAY, FEBRUARY 18, 1985

1145

officio member; the State Revenue Commissioner who shall be an ex officio member; and the Executive Director of the State Properties Com mission who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corpo rate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term end ing December 31, 1986. After the initial terms of those three members added to the Board in 1985, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the Board."
Section 2. Said Act is further amended by repealing in its entirety par agraph (8) of subsection (b) of Section 20 thereof, which reads as follows:
"(8) Officers and employees of the Authority, other than the gen eral manager, who are not covered by a labor agreement between the Authority and the authorized representatives of its employees shall re ceive no greater increase in salaries, wages, and fringe benefits than the average percentage increase in salaries, wages, and fringe benefits granted to employees covered by that labor agreement."
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 Bond of the 39th offered the following amendment:

Amend the substitute to HB 36 offered by the Senate Committee on Urban and County Affairs by striking Section 2, and renumbering Sections 3 and 4.

On the adoption of the amendment, 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:

Allgood Barker Barnes Bond Engram

Horton Hudgins Kidd Langford McKenzie

Scott of 2nd Scott of 36th Starr Tate Walker

1146

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Albert Baldwin Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Foster Garner Gillis Harris Harrison Hine Holloway Howard Muggins

Kennedy McGill Peevy Perry Phillips Ray Reddish Stumbaugh Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused) Fincher

Greene Land (excused)

Timmons

On the adoption of the amendment, the yeas were 15, nays 36, and the amend ment was lost.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harris

Harrison Hine Holloway Howard Huggins Kennedy McGill McKenzie Peevy Perry Phillips Ray

MONDAY, FEBRUARY 18, 1985

1147

Reddish Stumbaugh Timmons

Tolleson Trulock Turner

Tysinger Walker

Those voting in the negative were Senators:

Horton Hudgins Kidd

Langford Scott of 36th

Starr Tate

Those not voting were Senators:

Coleman (excused) Fincher

Greene Land (excused)

Scott of 2nd

On the passage of the bill, the yeas were 44, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
February 15, 1985
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1985 Regu lar Session as of 3:00 p.m. on February 15, 1985. The list is numbered 642 through 659.
Most sincerely, /s/ Max Cleland
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

1148

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 642 through 659, who have registered in the Docket of Legisla tive Appearance as of February 15, 1985, 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 15th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-Five and of the Independence of the United States of America the Two Hundred and Ninth.
/s/ Max Cleland Secretary of State
(SEAL)

642. Jim Gabriel REGISTERED AGENT Informed Health Care Assn. of Ga. National Health Federation American Massage Therapy Assn. Neuromuscular Center of Atlanta 3960 Peachtree Road, N.E. Atlanta, Georgia 30319 404/261-5059
643. Leila Cheney-Pettway Georgia Federation of Teachers, AFL-CIO 374 Maynard Terrace, S.E. Atlanta, Georgia 30316 404/377-8924
644. Betty Tudor JSA, Inc. 127 Peachtree Street Suite 627 Atlanta, Georgia 30303 404/659-3551
645. Ann W. Rose Midtown Hospital 144 Ponce de Leon Avenue Atlanta, Georgia 30308 404/875-3411
646. Roberto C. Moraes Ga. Coalition D.C. Voting Rights Amendments 75 Spring Street, N.W. Atlanta, Georgia 30303 404/221-4014

MONDAY, FEBRUARY 18, 1985

1149

647. Joel Grogan REGISTERED AGENT Ga. Federation of Teachers Atlanta Federation of Teachers 374 Maynard Terrace, S.E. #202 Atlanta, Georgia 30316 404/377-8924
648. Al McCray SCN 2522 Benjamin E. Mays, S.W. Atlanta, Georgia 30311 404/753-4792
649. William B. Wood REGISTERED AGENT Citicorp and Affiliates S & A Restaurant Corp. A.E. Staley Mfg, Corp. American Family Life Assurance Company Ga. Hospitality & Visitors Bureau Ga. Automobile Dealers Assn. Hensley-Schmidt Inc. Ga. Thoroughbred Owners & Breeders Assn. 2400 First Atlanta Tower Atlanta, Georgia 30383 404/656-1867
650. Douglas Brown Young Democrats of DeKalb County 437 E. Ponce de Leon Avenue Decatur, Ga. 30030 404/371-3128
651. William S. Jackson 1st Columbia Savings and Loan 3907 Washington Road Martinez, Georgia 30907 404/863-5819
652. Patrick G. Blanchard Georgia State Bank 3726 Washington Road Martinez, Georgia 30907 404/863-6331
653. Nadia Giordani NAACP 1190 Fairburn Road, S.W. Atlanta, Georgia 30331 404/349-7496
654. Billy L. Adams Ga. Farm Equipment Assn. 428 Academy Avenue Dublin, Georgia 31021 912/272-5400

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JOURNAL OF THE SENATE

655. L. Clifford Adams, Jr. Municipal Electric Authority of Ga. Suite 700 100 Peachtree Street Atlanta, Georgia 30303 404/522-8510
656. Marguerite H. Battle Georgia Association of Educators 3989 Chapel Hill Road Douglasville, Ga. 30135 404/942-7716
657. Jack S. Schroder, Jr. Georgia Hospital Assn. 100 Galleria Parkway Atlanta, Georgia 30339 404/955-8449
658. Robert W. Graham Associated Builders & Contractors of Ga. Inc. 740 W. Peachtree Street Atlanta, Georgia 30308 404/881-6206
659. Victor J. Impeciato Georgia Hospitality & Travel Association 1500 Peachtree Battle Ave. Atlanta, Georgia 30327 404/577-5448

SENATE RULES CALENDAR
Monday, February 18, 1985
TWENTY-SEVENTH LEGISLATIVE DAY
HB 357 Insurer--provide reports on product liability insurance covering risks (Ins--29th)
HB 3 Spinal Cord Disabled Treatment--Department of Human Resources register head-injured persons (AMENDMENT) (Hum R--42nd)
HB 319 Notaries Public--qualifications (Judy--48th) HB 99 Lottery Equipment Sale, Transportation--out of state
(ED&T--56th)
HR 15 Joint Urban County and Municipal Study Committee--create (Rules--46th)
SB 60 Group Health Insurance Policy--grace period before discontinuing (SUBSTITUTE) (Ins--12th)
HB 267 Offender Rehabilitation & Pardons and Parole Employ ees--compensation for injury on duty (Off R--4th)
HB 306 Game and Fish--wild animal dealer and exhibition licenses (Nat R--20th)

MONDAY, FEBRUARY 18, 1985

1151

HB 502 Residential Financial Authority--outstanding bonds for single family housing (SUBSTITUTE) (U&CA G--8th)
HB 92 Civil Practice--courts amend form for use by inmates (Judy--30th)
SB 131 Insurance Fraud--define offense (AMENDMENT) (Ins--45th)
HB 448 Motor Vehicle (Odometer Disclosure--Federal)--violations, con sumer acts (J&CL--26th)
SB 228 Local Governments Audits--change provisions on exceptions (U&CA G--20th)
SB 152 Mentally Retarded Habilitation--change provisions on discharge (Hum R--25th)
SB 136 Non-Georgia Banks with Offices in State--registration information (SUBSTITUTE) (B&F--15th)
SB 114 Hospitals--fire safety inspections required by state fire marshal (Pub Saf--1st)
SB 181 Domestic Relations Case--arrest for criminal contempt of court (Pub Saf--llth)
SR 95 Children, Youth and Families Coordinating Council--urge Governor establish (Rules--15th)
SB 216 Bank Holding Companies--change provisions on merger, consolida tion (SUBSTITUTE) (B&F--15th)
SB 153 Mentally 111, Alcoholic--involuntary inpatient treatment (AMEND MENT) (Hum R--25th)
HB 265 Labor Department--supplemental appropriation for employment se curity (Approp--12th)
HB 189 Probated Sentence of More than Two Years--change review provi sions (AMENDMENT) (Off R--30th)
SB 148 Department of Transportation--awarding contracts when only one bid (AMENDMENT) (Trans--1st)
SB 202 Georgia State Guard--change name to State Defense Force (D&VA--3rd)
SB 213 Emergency Management Division of Defense Department--change title of Deputy Director (D&VA--3rd)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 357.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide that the Insurance Commis sioner may require insurers to provide reports regarding product liability insurance covering risks located in this state.
Senate Sponsor: Senator Baldwin of the 29th.

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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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Dean Fincher

Greene Hudgins Land (excused)

Scott of 2nd Tolleson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 3. By Representative Richardson of the 52nd:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord dis abled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following amendment:

Amend HB 3 by striking from line 3 of Page 2 the following:

MONDAY, FEBRUARY 18, 1985

1153

"and",

and inserting in lieu thereof the following:

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal English

Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Coleman (excused) Coverdell Dawkins

Dean Gillis Land (excused)

Scott of 2nd Tysinger

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

HB 319.

By Representative Chambless of the 133rd:
A bill to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to delete certain provisions, relating to qualifications of notaries; to delete certain provisions relating to application to be a notary; to change the provisions regarding confi dentiality of information; to add certain provisions regarding the seal of office and certain notary signatures.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

English Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Dean

Gillis Land (excused)

Scott of 2nd Starr

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 18, 1985

1155

HB 99. By Representative Greer of the 39th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture, sale, and transportation of printed materials or advertisements for shipment out of state, so as to allow the manufacture, sale, and transportation of such other equipment, devices, or other materials used in lotteries conducted by other states or foreign countries.
Senate Sponsor: Senator Brantley of the 56th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal English Engram

Fincher Foster Garner Greene Harris Harrison Mine Holloway Horton Howard Hudgins Kennedy Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Starr.

Those not voting were Senators:

Barker Coleman (excused) Coverdell

Dawkins Dean Gillis

Huggins Land (excused)

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HR 15. By Representatives Adams of the 36th, Richardson of the 52nd, Home of the 103rd and Bolster of the 30th:
A resolution creating a Joint Urban County and Municipal Study Committee.
Senate Sponsor: Senator Broun of the 46th.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Coverdell Dean

Hudgins Land (excused)

McKenzie Stumbaugh

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 60. By Senator Holloway of the 12th:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance,

MONDAY, FEBRUARY 18, 1985

1157

so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; to provide an effective date.

The Senate Committee on Insurance offered the following substitute to SB 60:

A BILL
To be entitled an Act to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sick ness insurance, so as to provide for grace periods prior to discontinuing cer tain group health insurance policies and to provide for notices of discontinu ance; 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 30 of Title 33 of the Official Code of Georgia An notated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section to read as follows:
"33-30-12. (a) As used in this Code section, the term:
(1) 'Group health insurance policy' means an accident and sickness insurance policy or subscriber contract which provides benefits on a med ical expense incurred basis and which is issued or provided by an insurer on a group or group-type basis covering persons as employees of employ ers or as members of unions or associations.
(2) 'Group-type basis' means a benefit plan, other than a salary budget plan utilizing individual insurance policies or contracts, which meets the following conditions:
(A) Coverage is provided through insurance policies or subscriber contracts to classes of employees or members defined in terms of condi tions pertaining to employment or membership;
(B) The coverage is not available to the general public and can be obtained and maintained only because of the covered person's employ ment or membership in or in connection with the particular union or association;
(C) There are arrangements for bulk payment of premiums to the insurer; and
(D) There is sponsorship of the plan by the employer, union, or association.
(3) 'Insurer' means an insurance company, nonprofit hospital ser vice corporation, medical service nonprofit corporation, fraternal benefit society, health care plan, health maintenance organization, or other simi lar entity which issues or provides a group health insurance policy.

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(4) 'Premium' means the premium or subscription charge for a group health insurance policy.
(b) Every group health insurance policy which covers less than 200 people in this state shall contain a provision to the effect that, in the event that there is a cancellation of coverage under the policy by the insurer and no replacement policy is provided through the employer, union, or association, a written notice shall be sent to at least the last 50 people in this state, or the actual number of people if less, to whom the insurer has paid benefits under the policy within the last 12 months ad vising such persons that their coverage is being terminated. The notice shall be sent to each such person by first-class mail to the last home address of such person contained in the files of the insurer or, if no ad dress is contained in the insurer's files, to such person in care of the em ployer, union, or association, marked 'personal,' advising them that their coverage is being terminated. The notice shall be sent to each such per son by first-class mail no sooner than ten and no later than 20 days prior to the effective date of cancellation of the policy, shall state that the policy is being canceled, shall specify the effective date of cancellation of the policy, shall advise such persons of their benefits and rights during any applicable grace period, and shall request that the persons receiving such notice inform other persons covered under the policy of the termina tion of coverage.
(c) In no event shall an individually underwritten and issued insur ance policy which provides a contractual right of renewal regardless of membership in or connection with any particular organization or group be deemed to be issued on a group-type basis, irrespective of the mode or channel of premium payment and regardless of any reduction in pre mium the covered person may receive by virtue of such method of pre mium collection."
Section 2. This Act shall become effective January 1, 1986.
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:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

MONDAY, FEBRUARY 18, 1985

1159

Broun of 46th Brown of 47th Bryant Burton C bb Coverdell
^Daewali kins English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard
"MUugd8g!innss Kennedy Kidd Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr
TStumbaug6h * ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

Dean

Land (excused)

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 267.

By Representatives Oliver of the 121st, Hays of the 1st, Colwell of the 4th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, re lating to penal institutions, so as to provide that any employee of the Department of Offender Rehabilitation and of the State Board of Par dons and Paroles who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the employee is physi cally unable to perform the duties of this employment.
Senate Sponsor: Senator Kennedy of the 4th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

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JOURNAL OF THE SENATE

Broun of 46th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Brown of 47th Coleman (excused) Garner

Land (excused) Reddish

Trulock Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 306.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, re lating to game and fish, so as to delete the definition of the term "wild animal dealer"; to provide a definition of "wild animal business"; to com bine the wild animal dealer and exhibition licenses and to set a fee of $200.00 for the combined license; to allow the imposition of conditions on wild animal licenses.
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:

Albert Allgood Baldwin

Barnes Bond Bowen

Brannon Brantley Broun of 46th

MONDAY, FEBRUARY 18, 1985

1161

Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Fincher Foster Garner Gillis Greene

Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman (excused) Engram

Land (excused) Tate

Timmons Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 502.

By Representatives Yeargin of the 14th, Murphy of the 18th, Connell of the 87th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Author ity Act," so as to change the definition of the term "bond" and the "lend ing institution" to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family resi dential housing program.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 502:

A BILL
To be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Fi nance Authority Act," so as to change the definition of the term "bond"; to increase the maximum principal amount of bonds and notes which the au thority may have outstanding for its single family residential housing pro gram; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," is amended by striking paragraph (3) of Code Section 8-3-172, relat ing to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Bonds' means the bonds issued by the authority. Such bonds may be general or limited obligations of the authority. Wherever the word 'bond' or 'bonds' appears in Code Section 8-3-183, it shall be deemed to include the word 'note' or 'notes' as defined in paragraph (13) of this Code section."
Section 2. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 8-3-180, relating to the validation and issu ance of bonds and notes, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggre gate principal amount exceeding $715 million, excluding bonds and notes issued to refund outstanding bonds and notes."
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 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis

Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford

MONDAY, FEBRUARY 18, 1985

1163

McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Stumbaugh

Voting in the negative was Senator Hudgins.

Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Coleman (excused)

Land (excused) Starr

Tate Trulock

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 92. By Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that the Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions.
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:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coverdell Dawkins Deal Dean Engram Foster Garner

Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

1164

JOURNAL OF THE SENATE

Muggins Kidd Langford MMccGKielnl zie
Peevy
Perry

Phillips Ray Reddish _S,cott o,f 2. nd.
Scott of 36th
Stumbaugh

Tate Timmons Tolleson ,,Turner
Tysinger
Walker

Voting in the negative was Senator Bond.

Those not voting were Senators:

Bowen Brannon Coleman (excused)

English Fincher Kennedy (presiding)

Land (excused) Starr Trulock

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 131. By Senators Dawkins of the 45th, Starr of the 44th and Greene of the 26th:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to fraudulent insurance claims, so as to define the offense of insurance fraud; to provide for certain procedural matters rela tive to the foregoing; to provide for penalties; to provide an effective date.

The Senate Committee on Insurance offered the following amendment:

Amend SB 131 by adding in Section 1 on line 26 of Page 1, between the word "Any" and the word "person", the word "natural".
By adding in Section 1 on line 26 of Page 1 immediately following the word "who" and preceding the ":", the following:
"knowingly or willfully".
By striking from Section 1 on line 1 of Page 2 the following:
"Knowingly or willfully makes",
and inserting in lieu thereof the following: "Makes".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 18, 1985

1165

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:

Albert Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker

Bryant

Scott of 2nd

Those not voting were Senators:

Coleman (excused)

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 49, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 448.

By Representative Jackson of the 9th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive acts or practices, so as to provide that any violation of certain federal statutes or rules shall be

1166

JOURNAL OF THE SENATE

consumer transactions and consumer acts or practices in trade or commerce.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
T1 aat1pC
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Dawkins Hudgins

Kennedy (presiding) Land (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 228.

By Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to the requirement for audits of local governments, so as to change the provisions relative to the exceptions from the require ment for audits.

MONDAY, FEBRUARY 18, 1985

1167

Senator Gillis of the 20th offered the following amendment:

Amend SB 228 by adding on Page 1, line 18, after the word "agency,"
the following: "or expenditures of $100,000.00 or more,".

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Coleman (excused) Howard

Kennedy (presiding) Land (excused)

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

1168

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-ref erences; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.
Senator Brantley of the 56th moved that SB 152 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 Brannon Brantley Burton Coverdell Deal Engram Fincher

Foster Greene Hine Muggins Langford McKenzie Peevy

Those voting in the negative were Senators:

Perry Phillips Starr Stumbaugh Tate Tolleson Tysinger

Albert Allgood Baldwin Barker Bond Bowen Broun of 46th Brown of 47th Bryant Cobb

Dawkins Dean English Garner Gillis Harris Holloway Horton Howard Hudgins

Those not voting were Senators:

Kidd McGill Ray Reddish Scott of 2nd Scott of 36th Timmons Trulock Turner Walker

Coleman (excused) Harrison

Kennedy (presiding)

Land (excused)

On the motion, the yeas were 22, nays 30; the motion was lost, and SB 152 was not placed on the Table.

MONDAY, FEBRUARY 18, 1985

1169

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Broun of 46th Brown of 47th Bryant Cobb

Dawkins Dean English Foster Garner Gillis Harris Horton Howard

Hudgins Kidd McGill Ray Reddish Scott of 2nd Trulock Walker

Those voting in the negative were Senators:

Barnes Bowen Brannon Brantley Burton Coverdell Deal Engram Fincher

Greene Harrison Hine Holloway Huggins Langford McKenzie Peevy Perry

Phillips Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Coleman (excused)

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 26, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 152.

SB 136. By Senator Hudgins of the 15th:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to branch banks, offices, facili ties, and holding companies, so as to clarify the law relating to offices of

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JOURNAL OF THE SENATE

non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations.

The Senate Committee on Banking and Finance offered the following substitute to SB 136:

A BILL
To be entitled an Act to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to branch banks, offices, facilities, and holding companies, so as to clarify the law relating to offices of non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations; to au thorize the department to request additional registration information and further define the banking business through its regulations; to require any bank being acquired by a bank holding company to be a bank as defined in the federal Bank Holding Company Act of 1956 or a federal or state savings and loan or federal savings bank whose deposits are insured by the Federal Savings and Loan Insurance Association; to protect the status of any bank holding company registered with the department on January 1, 1985; to pro vide 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. Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to branch banks, offices, facilities, and holding companies, is amended by striking Code Section 7-1-590, relating to representative offices of banks domiciled in other states or territories, in its entirety and substituting in lieu thereof a new Code Section 7-1-590 to read as follows:
"7-1-590. (a) Any bank or bank holding company domiciled outside this state and operating under the laws of the United States or of any state or territory of the United States, which bank or bank holding company does not maintain a place of business for the purpose of trans acting a banking business or any part thereof in or through an office in this state but maintains or whose subsidiary or agent maintains an office in this state for other purposes, shall be deemed to have a 'representative office.'
(b) Each representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed before January 31 of each year, shall be accom panied by a registration fee prescribed by regulations of the department, and shall list the name of the local representative, the street address of the office, the nature of the business to be transacted in or through the office, and such other information as the department may require.
(c) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to as sure that the office does not transact a banking business. As used in this Code section, the term 'a banking business' is the business which a bank

MONDAY, FEBRUARY 18, 1985

1171

domiciled in this state is authorized to do pursuant to Part 3 of this arti cle and by way of illustration, but not limitation, shall include the receiv ing of deposits, the performance of any transaction directly or through an affiliate or agent relative to a deposit account whether originated through electronic devices, tellers, agents, or fiduciaries.
(d) For purposes of this Code section, the terms 'bank' and 'bank holding company' shall have the same meaning accorded those terms for purposes of this Part 18."
Section 2. Said part is further amended by striking Code Section 7-1608, relating to unlawful acquisitions by bank holding companies, in its en tirety and substituting in lieu thereof a new Code Section 7-1-608 to read as follows:
"7-1-608. (a) It shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank. If, after such acquisition, such bank holding company will di rectly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a result of the acquisition of control of a bank, unless:
(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a 'savings and loan,' a 'state savings and loan,' or a 'federal savings bank' whose deposits are insured by the Federal Savings and Loan Insurance Corporation; and
(2) Such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition;
provided, however, that nothing in this Code section shall prohibit (A) a bank holding company from acquiring all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of a bank, or the trust department of a bank, which has been in existence and continuously operating as a bank or ex ercising trust powers for such period, or (B) a company from becoming a bank holding company by virtue of acquiring control of a bank if neither the company, nor any other company controlled by or controlling such company, controls any other bank domiciled in this state or elsewhere.
(b) Nothing contained in this Code section shall affect the status of any bank holding company registered with the department on January 1, 1985."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 1, and the substitute was adopted.

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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:

Albert Allgood Baldwin Barker Barnes
Bond Bowen gTMTMn
Brountf 46th Brown of 47th Bryant Burton Cobb
Coverdell Deal Dean

English Engram Fincher Foster Gillis
Greene Harris Harrison
""f Holloway Horton Hudgins Huggins
Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th
Jtarr Tate Timmons Tolleson Trulock
Turner Tysinger Walker

Those voting in the negative were Senators Garner and Stumbaugh.

Those not voting were Senators:

Coleman (excused) Dawkins

Howard Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 114. By Senators Coleman of the 1st and Bryant of the 3rd:
A bill to amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforce ment with respect to certain buildings and structures, so as to require fire safety inspections of hospitals to be performed by the state fire marshal; to provide an effective date.

MONDAY, FEBRUARY 18, 1985

1173

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Engram and Horton.

Those not voting were Senators:

Bowen Brannon

Coleman (excused) Dawkins

Kennedy (presiding) Land (excused)

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 181. By Senator Timmons of the llth:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide that any law enforcement officer may arrest a person if the law enforcement officer has probable cause to believe that such person has committed a criminal contempt of court by disobedience or resistance to a superior court order in a domestic relations case.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1174

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:

Albert Allgood Baldwin Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Kidd Langford McGill

McKenzie Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Deal

Howard

Peevy

Those not voting were Senators:

Brannon Coleman (excused) Dawkins

Huggins Kennedy (presiding)

Land (excused) Scott of 2nd

On the passage of the bill, the yeas were 45, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SR 95. By Senator Hudgins of the 15th:
A resolution urging the Governor to establish a Children, Youth, and Families Coordinating Council.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 18, 1985

1175

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Dean

English Garner Kennedy (presiding)

Land (excused) Peevy

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 216.

By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies, so as to change the provisions relating to merger or consolidation.

The Senate Committee on Banking and Finance offered the following substitute to SB 216:

A BILL
To be entitled an Act to amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies which are unlawful without the prior approval of the commis sioner of banking and finance, so as to provide that a bank holding company which lawfully controls a bank or has received the requisite approvals to acquire control of a bank may merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substan-

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JOURNAL OF THE SENATE

tially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary under certain conditions; to provide for excep tions; 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 7-1-606 of the Official Code of Georgia Anno tated, relating to certain actions by bank holding companies which are un lawful without the prior approval of the commissioner of banking and fi nance, is amended by striking subsection (e) of said Code section in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of this part, a bank hold ing company which lawfully controls a bank or has received the requisite approvals under this Code section to acquire control of a bank may, with the approval of the commissioner, either at the time such control is ob tained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have an other of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary. Nothing in this subsection shall be deemed to supersede, rescind, or modify any provision, requirement, or condition of this Code section which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company under this Code section, nor shall it be deemed to supersede, rescind, or modify any provision, requirement, or condition of Part 14, 15, or 16 of this article which would otherwise be applicable to any merger of banks or the acquisition or any sale of all or substantially all of the assets of a bank."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 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:

Albert Allgood

Baldwin Barnes

Bond Bowen

MONDAY, FEBRUARY 18, 1985

1177

Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman (excused)

Greene Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 153. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for changes in the definitions provisions relating to mentally ill persons, alcoholics, drug dependent per sons, and drug abusers.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 153 by adding after the semicolon on line 13 of Page 1 the following:

"to provide an effective date;".

By striking "120 days" wherever it appears and inserting in its place

the following:

;

"90 days".

I

By striking "120 day" wherever it appears and inserting in its place the

;j

following:

\

"90 day".

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JOURNAL OF THE SENATE

By striking "45 days" wherever it appears and inserting in its place the following:
"30 days". By adding between lines 6 and 7 of Page 23 the following:
"Section 11. This Act shall become effective July 1, 1985." By striking on line 7 of Page 23 the following:
"Section 11", and inserting in its place the following:
"Section 12".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Ty singer Walker

Voting in the negative was Senator Hine.

MONDAY, FEBRUARY 18, 1985

1179

Those not voting were Senators:

Bowen Coleman (excused)

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 265.

By Representatives Milford of the 13th, Williams of the 6th, Aaron of the 56th and others:
A bill to provide for the Department of Labor a supplemental appropria tion, pursuant to and in accordance with provisions of Code Sections 348-102 and 34-8-81 of the Official Code of Georgia Annotated, relating to employment security, of additional funds which are otherwise available to the Department of Labor.

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:

Albert Allgood Baldwin Barker Barnes Bnd owe" Brantley Broun of 46th Brown of 47th B r y an t Burton
Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gil lis
Greene
Harris Harrison ,,. ""ff Holloway Horton
Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish
Scott of 2nd Scott of 36th ,,. farr . Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

1180

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Coleman (excused)

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 189.

By Representative Colwell of the 4th:
A bill to amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Offender Rehabilitation offered the following amendment:

Amend HB 189 by striking from the title on Page 1, line 7, the word "sentencing" and inserting in lieu thereof the word "chief".
and
By striking on Page 1, Section 1, lines 16 and 25 the word "presiding" and inserting in lieu thereof the word "chief.

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th

Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Harris Harrison Hine Holloway

MONDAY, FEBRUARY 18, 1985

1181

Horton Howard Huggins Kidd Langford
McGill McKenzie
Peevy

Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th Starr
Stumbaugh

Tate Timmons Tolleson T,. irulock
Turner Tysinger
Walker

Voting in the negative were Senators Allgood and Greene.

Those not voting were Senators:

Bowen Bryant Coleman (excused)

Fincher Hudgins

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.

The following general bill of the Senate, having been read the third time on Feb ruary 13 and postponed until February 18, was put upon its passage:

SB 148. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the Department of Transportation to award a contract when only one bid has been received on a project.

Senator Holloway of the 12th offered the following amendment:

Amend SB 148 by deleting on Page 3, line 34, the word "and" and inserting the words "provided, however, that all such negotiated contracts must be approved by the State Transportation Board; and".

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.

1182

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Hudgins

Kennedy (presiding)

Land (excused)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:10 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 19, 1985

1183

Senate Chamber, Atlanta, Georgia Tuesday, February 19, 1985
Twenty-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.

Senator Kidd of the 25th moved that the Senate reconsider its action of Monday, February 18, in defeating the following bill of the Senate:

SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-ref erences; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.

On the motion, the yeas were 31, nays 1; the motion prevailed, and SB 152 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 316.

By Representatives Johnson of the 123rd and Morion of the 47th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to pro vide that sales of crab bait to, and use of crab bait by, commercial fisher men shall be exempt from sales and use taxation.

1184

JOURNAL OF THE SENATE

HB 341.

By Representatives Kilgore of the 42nd, Crosby of the 150th and Wil liams of the 6th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy to collect taxes, so as to provide for the use of garnishment by the state revenue commissioner or his representative to collect any tax, fee, license, pen alty, interest or collection costs.

HB 398.

By Representatives Lawler of the 20th, Johnson of the 72nd and Steinberg of the 46th:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Re tirement Fund of Georgia, so as to change the provisions relating to op tions and optional benefits.

HB 431.

By Representatives Balkcom of the 140th, Royal of the 144th, Sherrod of the 143rd and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove cur rent provisions relating to liability for taxes on fuel sold to ultimate cus tomers who have both highway and nonhighway uses for such fuel; to make new provisions for liability for taxes on fuel delivered to purchasers who have storage receptacles with certain withdrawal outlets.

HB 483.

By Representatives Childers of the 15th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require health care facilities to submit reports of certain health care information to the Health Planning Agency.

HB 491.

By Representative Bray of the 91st:
A bill to amend Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of merit system operations and report of audit findings, so as to abolish quadrennial operational audits of state merit system operations by the state auditor; to remove certain criteria that the state auditor is requested to follow in conducting such audits.

HB 607.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to the creation of county or municipal development authorities, so as to revise and correct the population classification of cer tain provisions.

TUESDAY, FEBRUARY 19, 1985

1185

HB 622.

By Representatives Buck of the 95th and Coleman of the 118th:
A bill to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to medical scholarships, so as to authorize medical student loans in an amount to be determined by the State Medical Education Board; to provide for conditions of liability under loans or scholarship contracts.

HB 630.

By Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd and Wood of the 9th:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relat ing to right of voluntary dismissal.

HB 705.

By Representatives Triplet! of the 128th, Murphy of the 18th, Wood of the 9th and others:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 74. By Representatives Hooks of the 116th, Edwards of the 112th, Cham bless of the 133rd and others:
A resolution creating the Joint Tandem Trailer Access to Public Roads Study Committee.

HR 120.

By Representatives Wilson of the 20th, Burruss of the 20th, Thompson of the 20th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Acworth an easement over, under, across, and through certain property owned by the State of Georgia and located in Cobb County for highway and city improvements.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, re lating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and eld-

1186

JOURNAL OF THE SENATE

erly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and compo nents thereof to comply with certain standards.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 799.

By Representatives Alien of the 127th, Pannell of the 122nd, Kingston of the 125th and others:
A bill to provide for the compensation of the clerk of the superior court and the sheriff of Chatham County; to provide for increases under cer tain circumstances.

HB 801.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof.

HB 802.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Habersham County Industrial Development Authority.

HB 803.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that residents of the City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation.

HB 804.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the gov erning authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons.

HB 805.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clarkesville Industrial Building Authority.

TUESDAY, FEBRUARY 19, 1985

1187

HB 807.

By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to increase the compensation of the judge.

HB 808.

By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to provide an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation; to authorize the payment of cer tain expenses incidental to the office of coroner of Muscogee County.

HB 809.

By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to penalties which can be imposed by the municipal court against persons who violate laws or ordinances.

HB 813.

By Representative Birdsong of the 104th:
A bill to amend an Act creating and establishing a charter for the Town of Ivey, so as to change election procedures to conform to general law.

HB 814.

By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the Town of Irwinton and granting a charter to said town, so as to change the name of the municipal corpo ration to the City of Irwinton; to provide for the appointment of the chief of police.

HB 817.

By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating the State Court of Colquitt County, so as to change the provisions relating to the salary of the judge and the solicitor of said court.

HB 818.

By Representative Oliver of the 121st:
A bill to amend an Act establishing the board of commissioners of Long County, so as to change the compensation of the commissioners.

HB 819.

By Representative Oliver of the 121st:
A bill to continue in force and effect as a part of of the Constitution of the State of Georgia that constitutional amendment creating the Evans County Industrial Development Authority.

1188

JOURNAL OF THE SENATE

HB 821.

By Representatives Brown of the 88th, Walker of the 85th and Cheeks of the 89th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to change the membership of the council and provide for terms, elections, and quorum.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 171. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), so as to change the limits of the Downtown LaGrange District.

SB 172. By Senator Kidd of the 25th:
A bill to amend an Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit, as amended by an Act ap proved April 24, 1975 (Ga. L. 1975, p. 1303), so as to change the sala ries of such court reporters; to change the expense allowances of such court reporters; to provide an effective date.

SB 197. By Senator Kidd of the 25th:
A bill to amend an Act providing that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County so as to provide for cost-of-living increases for mag istrates under the chief magistrate and for the clerk of such court; to provide an effective date.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 250. By Senator McKenzie of the 14th:
A bill to provide for the board of education for the Macon County School District; to provide for the membership of the board of education; to pro vide for education districts; to provide for elections; to provide for current members; to provide for the filling of a vacancy; to provide for submis sion of this Act under the federal Voting Rights Act of 1965; to provide for related matters; to provide for severability.
Referred to Committee on Urban and County Affairs.

SB 251.

By Senator Foster of the 50th:
A bill to be entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment

TUESDAY, FEBRUARY 19, 1985

1189

which relates to the Dawson County Industrial Building Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

SB 252. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change the provisions relating to the duties of the coroner, medical exam iner, or proper peace officer, upon receipt of notice of suspicious or un usual death; to provide procedures for positive identification of dead bod ies through dental examinations, under certain circumstances.
Referred to Committee on Human Resources.

SB 253. By Senators Bowen of the 13th, Garner of the 30th, Kidd of the 25th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the tenth day in February of each year as "Law Enforcement Officer Appre ciation Day" in Georgia; to provide for other matters relative thereto.
Referred to Committee on Public Safety.

SB 254. By Senator Bryant of the 3rd:
A bill to amend an Act creating a charter for the City of Bloomingdale, as amended, so as to change the method of electing the vice-mayor.
Referred to Committee on Urban and County Affairs.

SB 255. By Senator Bryant of the 3rd:
A bill to authorize the governing authority of Bryan County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to provide exceptions; to provide for related matters.
Referred to Committee on Urban and County Affairs.

SB 256. By Senators Ray of the 19th, McGill of the 24th, Perry of the 7th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; to provide for a short title; to provide for a declaration of purpose, definitions, administration, and enforcement by the Commissioner of Agriculture; to provide for per sonnel and facilities; to provide for agreements.
Referred to Committee on Agriculture.

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JOURNAL OF THE SENATE

SB 257. By Senator Greene of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change provisions relative to annual statements by sponsors of prepaid legal services plans.
Referred to Committee on Insurance.

SB 258. By Senators Horton of the 17th, Barker of the 18th, Bond of the 39th and Allgood of the 22nd:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in conjunction with the sale or distribution of alcoholic beverages, so as to prohibit and restrict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises.
Referred to Committee on Consumer Affairs.

SB 259. By Senator Kidd of the 25th:
A bill to amend an Act providing changes in the Magistrate Court of Morgan County so as to authorize the chief magistrate of the Magistrate Court of Morgan County to select the clerk of the magistrate court; to provide qualifications and compensation for such clerk.
Referred to Committee on Urban and County Affairs.

SR 158. By Senators Bryant of the 3rd and Kidd of the 25th:
A resolution urging the Governor to recommend the addition of $250,000.00 to the Fiscal Year 1985-86 budget of the State Department of Veterans Service to enable the department to employ an architect to design a new wing at the Georgia War Veterans Home in Milledgeville.
Referred to Committee on Defense and Veterans Affairs.

SR 160. By Senators Cobb of the 28th and Foster of the 50th:
A resolution encouraging all school districts to continue and expand im plementation of programs for the teaching of cardiopulmonary resuscita tion (CPR) as a part of their curriculum.
Referred to Committee on Education.

SR 162. By Senator Timmons of the llth:
A resolution recognizing the City of Shellman as the Scottish-American Heritage Center of the State of GGeorgia.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 19, 1985

1191

SR 163. By Senators Coverdell of the 40th, Albert of the 23rd and Tolleson of the 32nd:
A resolution relative to driver improvement clinics.
Referred to Committee on Public Safety.

SR 164. By Senators Deal of the 49th and Stumbaugh of the 55th:
A resolution authorizing and directing the Senate Committee on Insur ance to study the issue of third party reimbursement of nursing services.
Referred to Committee on Rules.

SR 165. By Senators Horton of the 17th and Kidd of the 25th: A resolution creating the Senate Drug Classification Study Committee.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and re ferred to committees:

HB 316. By Representatives Johnson of the 123rd and Morton of the 47th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to pro vide that sales of crab bait to, and use of crab bait by, commercial fisher men shall be exempt from sales and use taxation.
Referred to Committee on Banking and Finance.

HB 341. By Representatives Kilgore of the 42nd, Crosby of the 150th and Wil liams of the 6th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy to collect taxes, so as to provide for the use of garnishment by the state revenue commissioner or his representative to collect any tax, fee, license, pen alty, interest, or collection costs.
Referred to Committee on Banking and Finance.

HB 398. By Representatives Lawler of the 20th, Johnson of the 72nd and Steinberg of the 46th:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Re tirement Fund of Georgia, so as to change the provisions relating to op tions and optional benefits.
Referred to Committee on Retirement.

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JOURNAL OF THE SENATE

HB 483. By Representatives Childers of the 15th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require health care facilities to submit reports of certain health care information to the Health Planning Agency.
Referred to Committee on Human Resources.

HB 431. By Representatives Balkcom of the 140th, Royal of the 144th, Sherrod of the 143rd and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove cur rent provisions relating to liability for taxes on fuel sold to ultimate con sumers who have both highway and nonhighway uses for such fuel; to make new provisions for liability for taxes on fuel delivered to purchasers who have storage receptacles with certain withdrawal outlets.
Referred to Committee on Banking and Finance.

HB 491. By Representative Bray of the 91st:
A bill to amend Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of merit system operations and report of audit findings, so as to abolish quadrennial operational audits of state merit system operations by the state auditor; to remove certain criteria that the state auditor is requested to follow in conducting such audits.
Referred to Committee on Governmental Operations.

HB 607. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to the creation of county or municipal development authorities, so as to revise and correct the population classification of cer tain provisions.
Referred to Committee on Urban and County Affairs (General).

HB 622. By Representatives Buck of the 95th and Coleman of the 118th:
A bill to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to medical scholarships so as to authorize medical student loans in an amount to be determined by the State Medical Education Board; to provide for conditions of liability under loans or scholarship contracts.
Referred to Committee on Higher Education.

TUESDAY, FEBRUARY 19, 1985

1193

HB 630. By Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd and Wood of the 9th:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relat ing to right of voluntary dismissal.
Referred to Committee on Judiciary and Constitutional Law.

HB 705. By Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th and others:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate.
Referred to Committee on Transportation.

HR 74. By Representatives Hooks of the 116th, Edwards of the 112th, Cham bless of the 133rd and others:
A resolution creating the Joint Tandem Trailer Access to Public Roads Study Committee.
Referred to Committee on Rules.

HR 120. By Representatives Wilson of the 20th, Burruss of the 20th, Thompson of the 20th and others:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Acworth an easement over, under, across, and through certain property owned by the State of Georgia and located in Cobb County for highway and city improvements.
Referred to Committee on Public Utilities.

HB 799. By Representatives Alien of the 127th, Pannell of the 122nd, Kingston of the 125th and others:
A bill to provide for the compensation of the clerk of the superior court and the sheriff of Chatham County; to provide for increases under cer tain circumstances.
Referred to Committee on Urban and County Affairs.

HB 801. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 802. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Habersham County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 803. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that residents of the City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation.
Referred to Committee on Urban and County Affairs.

HB 804. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the gov erning authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons.
Referred to Committee on Urban and County Affairs.

HB 805. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clarkesville Industrial Building Authority.
Referred to Committee on Urban and County Affairs.

HB 807. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to increase the compensation of the judge.
Referred to Committee on Urban and County Affairs.

HB 808. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to provide an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation; to authorize the payment of cer tain expenses incidental to the office of coroner of Muscogee County.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 19, 1985

1195

HB 809. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to penalties which can be imposed by the municipal court against persons who violate laws or ordinances.
Referred to Committee on Urban and County Affairs.

HB 813. By Representative Birdsong of the 104th:
A bill to amend an Act creating and establishing a charter for the Town of Ivey, so as to change election procedures to conform to general law. Referred to Committee on Urban and County Affairs.

HB 814. By Representative Birdsong of the 104th:
A bill to amend an Act incorporating the Town of Irwinton and granting a charter to said town, so as to change the name of the municipal corpo ration to the City of Irwinton; to provide for appointment of the chief of police.
Referred to Committee on Urban and County Affairs.

HB 817. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating the State Court of Colquitt County, so as to change the provisions relating to the salary of the judge and the solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 818. By Representative Oliver of the 121st:
A bill to amend an Act establishing the board of commissioners of Long County, so as to change the compensation of the commissioners. Referred to Committee on Urban and County Affairs.

HB 819. By Representative Oliver of the 121st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Evans County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 821. By Representatives Brown of the 88th, Walker of the 85th and Cheeks of the 89th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to change the membership of the council and provide for terms, elections, and quorum.
Referred to Committee on Urban and County Affairs.

1196

JOURNAL OF THE SENATE

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking & Finance 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 129. HB 43. HB 61. HB 373.

Do pass. Do pass.
v Do pass. Do pass.

HB 374. Do pass. HB 375. Do pass. HB 452. Do pass by substitute.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 331. Do pass. HB 506. Do pass as amended.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 66. Do pass by substitute. SB 240. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the

TUESDAY, FEBRUARY 19, 1985

1197

Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 89.
SB 127. SB 234. HB 30. HB 88.

Do pass.
Do pass. Do pass. Do pass. Do pass.

HB 183. Do pass. HB 592 Do pass.
HB 546. Do pass. HB 635 ' Do pass.

HB 159. Do pass.

HB 637. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 232. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural 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 244. Do pass. HB 495. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following reso lutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 112. Do pass.

1198

JOURNAL OF THE SENATE

HR 198. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

The following communication from Senator Coleman of the 1st, Chairman of the Senate Committee on Transportation, was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 18, 1985
Senator Donn Peevy Vice Chairman Senate Transportation Committee
Dear Donn:
Due to my illness, I will be unable to Chair the meeting of the Senate Transportation Committee on Tuesday, February 19, 1985 at 8:30 a.m.
I hereby authorize and direct you to Chair the meeting in my absence and authorize the Committee to take up the following pieces of legislation:

H.B. 45 H.B. 123 H.B. 130 H.B. 134

H.B. 172 H.B. 179 H.B. 235 H.B. 494

I very much appreciate you doing this for me and look forward to hear ing from you.
Sincerely,
/s/ J. Tom Coleman, Jr. Chairman Senate Transportation Committee
cc: Honorable Zell Miller Honorable Hamilton McWhorter

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Transportation has had under consideration the following bills

TUESDAY, FEBRUARY 19, 1985

1199

of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 123. HB 130. HB 134.

Do pass. Do pass. Do pass.

HB 172. HB 179. HB 235.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Vice Chairman

Mr. President:

The Committee on Urban and County 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 430. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 221. SB 245. HB 399. HB 469' HB 533. HB 537. HB 589. HB 634.
HB 646.
HB 722.

Do pass. Do pass. Do pass. DPass ' Do pass. Do pass. _Do pass. Do pass.
Do pass.
Do pass.

HB 749. HB 750. HB 751 HB 752.

Do pass. Do pass. Do pass. Do pass.

HB 758. HB 759. HB 778' HB 78HB 782.

Do pass. Do pyass. Do Pass' Do PassDo pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

1200

JOURNAL OF THE SENATE

The following bills and resolution of the Senate and House were read the second time:

SB 135. By Senator Hudgins of the 15th:
A bill to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehi cles to persons evidencing ownership of such vehicles through certificates of title, tag receipts, bills of sale, or other such evidence.

SB 208. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to provide that any heir, beneficiary, or creditor of a decedent may offer evidence to the court regarding the appraisement and valuation of certain real or personal property of a decedent.

SB 211. By Senators Greene of the 26th and Peevy of the 48th:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision.

HR 170.

By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution creating the Local Constitutional Amendments Overview Committee.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Barnes
Bwen 5BDBBrrraoonwutnnlet oy~offrf 4*4/i6t-7Htth,Ih., Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis
Greene ,HHH,maa. rrernisson Holloway Horton Hudgins Muggins Kennedy Kidd

Land McGill McKenzie Peevy Perry

Ray

SSR0cceoodt.td.ttisoohr,ff

2- nd, 36th

Starr

Stumbaugh

Timmons

Tolleson

Turner

Tysinger

TUESDAY, FEBRUARY 19, 1985

1201

Those not answering were Senators:

Bond Brannon Coleman (excused) Fincher

Howard Langford Phillips

Tate Trulock Walker

Senator Turner of the 8th introduced the chaplain of the day, Reverend C. W. Hancock, pastor of the First United Methodist Church, Valdosta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 161. By Senators Foster of the 50th and Deal of the 49th: A resolution expressing regret at the passing of Dr. Harry L. Brown.

SR 167. By Senator Howard of the 42nd: A resolution commending Vita Ostrander.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1 st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 19, 1985
TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 244 Reddish, 6th Wayne County
Amends Act establishing State Court (formerly City Court of Jesup, in and for the County of Wayne); changes the compensation of the judge and solicitor; changes secretarial allowance of solicitor; provides an effec tive date.

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JOURNAL OF THE SENATE

HB 697 Fincher, 54th City of Chatsworth Murray County
Amends Act creating new charter; changes date of election of mayor and aldermen.

HB 701

Trulock, 10th City of Bainbridge Decatur County
Continues amendment which relates to creation of Decatur County-Bainbridge Industrial Development Authority.

HB 702 Trulock, 10th City of Bainbridge Decatur County
Continues amendment which relates to providing for establishment of a Downtown Bainbridge Development Authority.

HB 719 Kidd, 25th Putnam County
Continues amendment providing for election of members of the Board of Education.

HB 720 Kidd, 25th Putnam County
Continues amendment creating Putnam County Development Authority.

HB 721

Kidd, 25th City of Eatonton Putnam County
Amends Act creating and establishing new charter for city; changes cor porate limits of city.

HB 727 Perry, 7th Lanier County
Amends Act creating board of commissioners; changes compensation of board of commissioners.

HB 729 Gillis, 20th Montgomery County
Abolishes the present methods of compensating clerk of Superior Court, known as the fee system; provides in lieu thereof an annual salary pursu ant to general law.

TUESDAY, FEBRUARY 19, 1985

1203

HB 730 Gillis, 20th Toombs County
Continues amendment which relates to creation of Toombs County De velopment Authority and powers and administration of authority.

HB 739

Perry, 7th Clinch County
Amends Act creating board of commissioners; changes limits within which board of commissioners may fix salary of chairman.

HB 740 Perry, 7th Clinch County
Amends Act creating board of commissioners; changes limits within which board of commissioners may fix salaries of members of board other than chairman.

HB 741

Perry, 7th Clinch County
Provides for reapportionment of board of education; provides for educa tion districts and for manner of electing members of board.

HB 742

Perry, 7th Clinch County
Amends Act creating board of commissioners; reapportions the board of commissioners.

HB 743

Perry, 7th Clinch County
Amends Act consolidating office of tax receiver and tax collector into office of tax commissioner; authorizes board of commissioners to fix sal ary of tax commissioner within certain limits.

HB 744 Perry, 7th Clinch County
Amends Act creating and establishing State Court; authorizes board of commissioners to fix salary of judge and solicitor of said court within certain limits.

HB 745

Reddish, 6th Pierce County
Amends Act establishing State Court; changes compensation of judge and solicitor of state court.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

Engram Foster Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bond Brannon Coleman (excused)

English Fincher Garner Gillis

Harrison Phillips Timmons

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Tuesday, February 19, 1985
TWENTY-EIGHTH LEGISLATIVE DAY
HB 617 State Properties Commission--change provisions on powers (Pub U--33rd)
SB 137 Financial Institutions--civil penalty for violation of order issued by Banking & Finance Dept. (SUBSTITUTE) (B&F--15th)

TUESDAY, FEBRUARY 19, 1985

1205

SB 138 Business of Selling or Issuing Checks--define (SUBSTITUTE) (B&F--15th)
SB 191 Living Wills--in certain form (SUBSTITUTE) (J&CL--26th)
SB 217 Inmate Death Without Attending Physician as Result of Vio lence--notify Georgia Bureau of Investigation (Off R--28th)
SB 156 Magistrate Courts--election of chief and appointment of magistrates (Judy--52nd)
SB 74 Criminal Offense Victim--may be in court during prosecution (SUB STITUTE) (Judy--49th)
SB 202 Georgia State Guard--change name to State Defense Force (D&VA--3rd)
SB 213 Emergency Management Division of Defense Department--change title of Deputy Director (D&VA--3rd)
SB 86 Bail--Superior Court may grant Magistrate Court authority to grant (SUBSTITUTE) (Judy--49th)
SB 147 Controlled Substance Violation--surplus fines divided between county and GBI (SUBSTITUTE) (Pub Saf--7th)
SB 160 Workers Compensation--compensation for vocational rehabilitation (SUBSTITUTE) (I&L--45th)
SB 161 Workers Compensation--repayment of medical treatment funds to group insurance company (I&L--45th)
SB 162 Workers Compensation--dismissal of application if no hearing scheduled for 5 years (I&L--45th)
SB 163 Workers Compensation--change time for benefit payment (I&L--45th)
SB 185 Scholarships, Grants--colleges of osteopathic medicine (Hum R--21st)
SB 200 Hospice Patient--not deemed to have died unattended by physician (Hum R--51st)
SB 219 Drug Abuse Treatment Program--licensed (AMENDMENT) (Hum R--52nd)
SB 233 Community Care for Elderly--which entities may be "lead agencies" (AMENDMENT) (Hum R--42nd)
SB 235 Health Insurance Policy--provisions on insurance with other insurers certain conditions (Ins--49th)
SR 115 Organ Donation--encourage Department of Public Safety to provide certain information (SUBSTITUTE) (Pub Saf--34th)
HB 90 Driving Under the Influence--revise certain Code sections on crimi nal penalties (AMENDMENT) (J&CL--33rd)
HB 240 Knowingly Operating, Authorizing Vehicle Without Insur ance--misdemeanor (Judy--22nd)
HB 412 Employment Security Law--redefine wages (I&L--52nd)
HB 411 Employment Security Law--raise taxable wage base (I&L--45th)
HB 325 DeKalb/Fulton and Cities Within--zoning procedures (U&CA G--43rd)
HB 48 High School Principal--register students residing outside county (SUBSTITUTE) (Gov Op--15th)

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JOURNAL OF THE SENATE

HB 437 Industrial Loan Act--exempt certain colleges and universities (SUB STITUTE) (B&F--20th)
HB 438 Retail Installment and Home Solicitation Sales Act--exempt certain colleges and universities (SUBSTITUTE) (B&F--20th)
HR 91 State Property in Certain Counties--conveyance (AMENDMENT) (Pub U--41st)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee
The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 617.

By Representatives Colwell of the 4th and Johnson of the 72nd:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Holloway of the 12th offered the following amendment:

Amend HB 617 by adding on Page 3, line 30, after the word "amend ment" the following:
"; and"

then inserting a new subsection (v) to read as follows:
"(v) On or before December 31 in each year the Executive Director of the State Properties Commission shall submit a report describing all amendments negotiated during that year or under negotiation at the date of the report, to the Chairman of the Public Utilities Committee of the Senate and the State Institutions and Property Committee of the House."

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:

Albert Allgood Barnes Bowen Brantley

Broun of 46th Brown of 47th Bryant Burton Coverdell

Deal Dean English Engram Foster

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Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Langford McGill McKenzie Peevy Perry Ray Reddish

Those not voting were Senators:

Baldwin Barker Bond Brannon

Cobb Coleman (excused) Dawkins Fincher

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker
Land Phillips 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.

Senator Barnes of the 33rd moved that HB 617 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 617 was immediately transmitted to the House.

SB 137. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-91 of the Official Code of Georgia Annotated, relating to orders and the enforcement thereof by the Depart ment of Banking and Finance, so as to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department.

The Senate Committee on Banking and Finance offered the following substitute to SB 137:

A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to define the term "money"; to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department; to provide for certain guidelines to be used by the department in determining the penalty; to provide for a hearing; to provide for disposition of penalties recovered by the department; to pro vide that the term "financial institution" shall include certain persons par ticipating in the conduct of the affairs of the financial institution subject to the orders issued by the department; to provide that an attorney at law, real estate agent, fiscal agent, broker, insurance company, or utility company li censed under the laws of this state shall not be deemed to be engaged in the business of receiving money for deposit or transmission under certain condi tions; to clarify the powers of banks; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," is amended by adding in Code Section 7-1-4, relating to definitions pertaining to finan cial institutions, a new paragraph (22.1), immediately following paragraph (22), to read as follows:
"(22.1) 'Money' means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency."
Section 2. Said chapter is further amended by adding new subsections (0, (g), and (h) at the end of Code Section 7-1-91, relating to orders and the enforcement thereof by the Department of Banking and Finance, to read as follows:
"(f) Any financial institution which violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty rel ative to the size of the financial resources of the institution, the good faith efforts of the financial institution to comply with the order, the gravity of the violation, the history of previous violations by the financial institutions, and such other factors or circumstances as shall have con tributed to the violation. The department may at its discretion compro mise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. The financial institution or other person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the financial institution involved; otherwise, such penalty shall be final except as to judicial review as pro vided in Code Section 7-1-90.
(g) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered,-net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441.
(h) The term 'financial institution' as used in this Code section shall include any officer, director, employee, agent, or other person participat ing in the conduct of the affairs of the financial institution subject to the orders issued pursuant to this Code section."
Section 3. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 7-1-241, relating to restrictions on engag ing in banking business, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) An attorney at law, real estate agent, fiscal agent, broker, in surance company, or utility company, licensed under the laws of this state to the extent he or it receives and transmits money solely as an

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incident to his or its business or profession and not as part of a banking business."
Section 4. Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 7-1-280, relating to major banking powers, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) To receive money or checks, drafts, or other items of commer cial paper for deposit and to provide by its rules or by agreement for the terms of withdrawal and interest thereon;
(2) To receive checks, drafts, and other items of commercial paper for collection or to act as an agent to collect checks, drafts, and other items of commercial paper and in exercising these powers to become a member of a clearing-house and grant security interests in its assets for its qualification therein;".
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 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:

Albert Allgood Baldwin Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons

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Tolleson Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Barker Bond

Brannon Coleman (excused)

Dawkins Phillips

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 138. By Senator Hudgins of the 15th:
A bill to amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "en gaging in the business of selling or issuing checks".
The Senate Committee on Banking and Finance offered the following substitute to SB 138:
A BILL
To be entitled an Act to amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "engaging in the business of selling or issuing checks"; 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 7-1-681 of the Official Code of Georgia Anno tated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, is amended by striking said Code sec tion in its entirety and substituting in lieu thereof a new Code Section 7-1681 to read as follows:
"7-1-681. (a) No person or corporation, other than a bank or trust company, the authorized agent of a licensee, or an incorporated telegraph company which receives money at any of its offices or agencies for imme diate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that en gages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state.
(b) For purposes of this article, 'engaging in the business of selling or issuing checks' shall include the operation of electronic devices by per-

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1211

sons not otherwise engaged in the banking business in this state or else where for the purpose of facilitating instantaneous completion of finan cial transactions with an institution at which the user of such device maintains a depository, investment, or credit account. Such term shall also include but not be limited to the dispensing of cash and the opera tion of such devices by a merchant to facilitate payment through another party for the sale of goods or services by such merchant at a regularly established place of business of such merchant. No licensee hereunder shall operate such an electronic device in any county of this state unless financial institutions domiciled within such county have equal, nondiscriminatory access to the transaction clearing system accessed by the licensee."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwe "
oBfraonutnleoyff 4A6thu BBrrovwannt of 47th
Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner GilHs Greene
Harris
...
Holloway Horton Howard Hudgins Muggins Kennedy Kidd

Langford McGill McKenzie Peevy Perry Ray
sReddishf _S.tarr
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

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Those not voting were Senators:

Bond Brannon

Coleman (excused) Land

Phillips Scott of 2nd

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 191. By Senator Greene of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be substantially in a certain form; to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifi cally requested to do so by a person desiring to execute a living will.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 191:

A BILL
To be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifically requested to do so by a person desiring to execute a living will; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia An notated, relating to living wills, is amended by striking subsection (d) of Code Section 31-32-9, relating to the prohibition of health care facilities preparing living wills, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(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 unless specifically requested to do so by a person desiring to execute a living will."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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1213

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Muggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Howard Hudgins

Phillips

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 217.

By Senator Cobb of the 28th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for notification to the Georgia Bureau of Investigation when an inmate in any correctional institution dies without an attending physi cian or as a result of violence; to change certain procedures in connection with the sudden death of an inmate.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Brantley

Coleman (excused) Phillips

Tolleson

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 substitute thereto:

SB 20. By Senators Burton of the 5th, Dean of the 31st, Deal of the 49th and Turner of the 8th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, re lating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and eld erly persons, so as to provide for legislative intent; to provide for and change definitions; to require certain buildings and facilities and compo nents thereof to comply with certain standards.

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1215

The House substitute to SB 20 was as follows:

A BILL
To be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change certain provisions of leg islative intent and policy; to amend certain definitions; to provide for certain applicable standards and specifications; to provide for certain exemptions; to provide for responsibility for enforcement and administration; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, is amended by striking Code Section 30-3-1, relating to cer tain legislative intent and policy, and inserting in lieu thereof a new Code Section 30-3-1 to read as follows:
"30-3-1. The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicapped or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilita tion. It is the intent of this chapter to eliminate, insofar as possible, un necessary physical barriers encountered by handicapped or elderly per sons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use gov ernment buildings, public buildings, and facilities used by the public. Nothing in this chapter is intended to require the person who owns or controls a building or facility subject to the requirements of this chapter to provide any features, such as elevators, bathrooms, or entrances solely to meet the intent of this chapter; but, if such features are provided, then they shall conform to ANSI Standards A117.1 - 1980. It is further pro vided that compliance with the minimum handicapped accessibility stan dards as set forth in this chapter is not intended as a substitute for com pliance with more stringent federal laws or federal regulations which may apply to the same buildings or facilities as described in Code Sec tion 30-3-2."
Section 2. Said chapter is further amended by striking Code Section 30-3-2, relating to definitions, and inserting in lieu thereof a new Code Sec tion 30-3-2 to read as follows:
"30-3-2. As used in this chapter, the term:
(1) 'Adaptable' is further explained as follows:
(A) Adaptable refers to features provided for but not actually in stalled. Such adaptability makes it possible for the feature required by ANSI All7.1 Standard to be added for the occupant without major structural alteration;

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(B) Items not installed at the time of construction under the adapt able provisions of ANSI All7.1 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.

(2A) 'Component' means any or all of the parts of the buildings, facilities, elements, and spaces which constitute the buildings and facili ties described in Code Section 30-3-2.

(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.

(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:

Total number of parking spaces 2-50 51-400
401 and greater

Number of designated handicapped parking spaces
A minimum of one
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.

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1217

(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) (i) 'Toilet rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by hand icapped persons at least one toilet room for each sex where provided, at a reasonable location along accessible routes shall conform to ANSI 4.22. Toilet rooms located on levels above or below the entrance level which are not connected by an elevator are not required to conform to ANSI 4.22, unless they are on an accessible route.

(ii) Where hospital patient bedrooms include self-contained toilet rooms, only 10 percent of those patient bedroom toilets shall comply fully with ANSI 4.22 and shall be located in each ward throughout the hospi tal, while all other toilet rooms located in patient bedrooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29. In special pur pose hospitals that treat conditions which affect mobility, all patient baths, toilets, and bedrooms shall comply with ANSI Standards All 7.11980.

(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 along accessible routes shall conform to ANSI 4.23. Bathrooms, bathing facilities, and shower rooms located on levels above or below the entrance level which are not connected by an elevator are not required to conform to ANSI 4.23, unless they are on an accessi ble level. Where hospital patient bedrooms include self-contained bath rooms, only 10 percent of those patient bedrooms shall provide bath rooms which comply fully with ANSI 4.23 and shall be located in each ward throughout the hospital, while all other bathrooms in patient bed rooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 as shown in ANSI figures 29 and 34.

(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 moving or replacing, except for repair, or adding any specific component of a building or facility as described in Code Section 30-3-2.

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(8) 'Substantial renovation" means any renovation of the external and internal components of government buildings, public buildings, or facilities within a 24 month period costing more than the tax assessed value of such buildings or facilities, according to the county tax records at the time of such renovations. Buildings or facilities subject to the pro visions of this chapter which are not carried on the tax records are deemed to be substantially renovated if, within a 24 month period, the costs of renovating external and internal components is more than 40 percent of the reasonable replacement costs of such buildings or facilities.
(9) 'Temporary lodging units' means hotels, motels, dormitories, other facilities such as YMCA's and YWCA's whose primary purpose is to provide sleeping accommodations, and missions or shelters for the homeless."
Section 3. Said chapter is further amended by striking Code Section 30-3-3, relating to certain applicable standards and specifications, and in serting in lieu thereof a new Code Section 30-3-3 to read as follows:
"30-3-3. (a) All government buildings, public buildings, and facili ties receiving permits for construction or renovation after July 1, 1986, shall comply with the American National Standards Institute specifica tions Al 17.1-1980 for making buildings and facilities accessible to and usable by physically handicapped people. Such buildings and facilities shall include, without being limited to, rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, pro vided 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, further, that this chapter shall not apply to a private singlefamily residence or to duplexes or any complex containing fewer than 20 units. Certain portions of such buildings and facilities are not required to comply with the ANSI accessibility standards set forth in this chapter, including elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, lookout galleries, electrical and telephone closets, prison guard towers, and general utility rooms.
(b) If any specific component of an elevator is replaced or moved from its existing location in government buildings, public buildings, or facilities to a different location in such buildings or facilities, then the specific component shall be required to comply with ANSI Standard Al 17.1-1980, as it applies to that specific component.
(c) The renovation of any component of government buildings, pub lic buildings, or facilities located on any level which is connected by an elevator lift or ramp shall be required to comply with ANSI Standards All7.1-1980, as it applies to that specific component. The renovation of any component located on the primary entrance level of government buildings, public buildings, or facilities which do not provide an elevator, lift, or ramp shall be required to comply with ANSI Standards All 7.11980, as it applies to that specific component. Levels of such buildings and facilities located above and below the primary entrance level which are not connected by an elevator, lift, or ramp shall comply only with

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ANSI 4.4 protruding objects, 4.9 stairs, 4.28 alarms, 4.29 tactile warn ings, and 4.30 signage, when and if any component covered by those ANSI Standards is renovated.
(d) Any renovation of government buildings, public buildings, or fa cilities which is substantial shall include, in addition to the other compo nents of such buildings or facilities which are to be renovated, at a mini mum, an accessible site and exterior which complies with ANSI 4.1.1 (1) - (5), at least one principal entrance door along an exterior accessible route which complies with ANSI 4.13, and at least one toilet room or bathroom along an accessible route which complies with ANSI 4.22 or ANSI 4.23.
(e) When enforcing this chapter in historic buildings as defined in paragraph (2) of subsection (a) of Code Section 25-2-13, the appropriate enforcement authority shall consider the intent of Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' which provides for the establishment of local preservation commissions to review changes proposed for historic buildings and the Secretary of Interior Standards for Preservation Projects, which provides guidelines for preservation of historic buildings. The enforcement authority shall enforce such require ments in historic buildings undergoing rehabilitation."
Section 4. Said chapter is further amended by adding a new Code sec tion immediately following Code Section 30-3-3, to be designated Code Sec tion 30-3-3.1, to read as follows:
"30-3-3.1 The person who owns or controls a building or facility subject to the requirements of this chapter and who feels unable to com ply fully with all requirements of this chapter may apply for an exemp tion from specific requirements by filing a sworn written statement with the appropriate governing authority, setting forth the reasons why it is impractical to comply fully with a particular standard or specification, provided that the appropriate governing authority may grant an exemp tion only after reviewing the preliminary or final construction plans of the building in question. The Safety Fire Commissioner or, where appli cable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in ques tion upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facil ity subject to the requirements of this chapter and after taking all cir cumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is im practical, whereupon there shall be substantial compliance with the stan dards or specifications to the maximum extent practical. A final determi nation shall be made on an exemption request by the appropriate governing authority within 30 days following receipt of the sworn state ment; and, within ten days of such determination, a written record shall be made and a copy sent to the person who owns or controls the use of the building or facility by the Safety Fire Commissioner or, where appli cable, the board of regents or the local governing authority having juris diction over the buildings in question, 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

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applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted."
Section 5. Said chapter is further amended by striking Code Section 30-3-5, relating to responsibility for administration and enforcement, and inserting in lieu thereof a new Code Section 30-3-5 to read as follows:
"30-3-5. (a) (1) Except for buildings under the jurisdiction of the Board of Regents of the University System of Georgia, all buildings sub ject 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 sub ject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter.
(2) With respect to any such building, the Safety Fire Commis sioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private per son or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-4 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect, engineer, or per son who prepared them in a manner acceptable to the Commissioner. No building permit shall be approved by the Commissioner unless the archi tect or engineer responsible for preparation of said plans and specifica tions certifies on such plans that to the best of his knowledge, informa tion, and belief they have been prepared in conformity with ANSI Standards Al 17.1-1980. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submis sion of plans or specifications other than the standard fee required by Code Section 25-2-14. No local governing authority shall issue any build ing 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 submit ting the same shall be those provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(C) Upon a showing that full compliance with any particular re quirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.
(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of re gents for any construction within the University System of Georgia un less the architect or engineer responsible for preparation of said plans

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and specifications certifies on such plans that to the best of his knowl edge, information, and belief they have been prepared in conformity 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 require 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 paragraphs (3), (4), and (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, partner ship, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of Code Section 30-3-3, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowl edge, information, and belief they have been prepared in conformity with ANSI specifications Al 17.1-1980. The builder, developer, or building owner following said plans prepared by an architect or engineer shall re quire such a certificate of compliance on the plans before starting con struction. All construction plans must display such a certificate of com pliance provided by the architect or engineer for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans prepared by an architect or engineer 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

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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.
(i) The board of regents, and the local governing authority having jurisdiction over the buildings or facilities in question shall delegate com pliance, enforcement, and exemption authority under this chapter to one or more qualified administrative personnel under their jurisdiction, such as the chief building inspector, fire chief, building department engineer, or department directors.
(j) If buildings, facilities, or portions thereof serve children primar ily, then the Safety Fire Commissioner, the board of regents, or the local governing authority having jurisdiction over the buildings in question may adjust dimensions and other provisions to make them suitable for children."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Burton of the 5th moved that the Senate disagree to the House substitute to SB 20.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 20.
The following genetal bill of the Senate, having been lost on February 15, and reconsidered on February 18 and placed on the Senate General Calendar, was put upon its passage:
SB 156. By Senator Hine of the 52nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the election of the chief magistrate and the appointment of magistrates; to authorize the chief magistrate to suspend a magistrate under certain circumstances; to provide that the suspension must be ap proved by the Judicial Qualifications Commission.
Senator Scott of the 2nd offered the following amendment:
Amend SB 156 by striking in their entirety line 27 of Page 1 and line 1 of Page 2, which read as follows:

TUESDAY, FEBRUARY 19, 1985

1223

"magistrate, in a nonpartisan election, for a term",
and inserting in their place the following:
"magistrate, in a partisan election in the same manner as county officers are elected, for a term".

On the adoption of the amendment, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bowen Brantley Broun of 46th Brown of 47th English Engram Gillis

Harris Holloway Kennedy Langford McGill McKenzie Peevy Perry Ray

Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Bond Burton Cobb Coverdell Dawkins

Deal Dean Fincher Foster Garner Harrison Hine Horton

Howard Hudgins Huggins Kidd Land Scott of 36th Trulock Tysinger

Those not voting were Senators:

Brannon Bryant

Coleman (excused) Greene

Phillips

On the adoption of the amendment, the yeas were 27, nays 24, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Bowen Brantley Burton Coverdell Dawkins

Deal Fincher Foster Garner Greene Harrison Hine Holloway Howard

Hudgins Huggins Kidd Land Langford Tate Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Brown of 47th Cobb Dean English Engram Gillis

Harris Horton Kennedy McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Starr Stumbaugh Timmons Turner Walker

Those not voting were Senators:

Brannon Bryant

Coleman (excused)

Scott of 36th

On the passage of the bill, the yeas were 27, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following resolution of the Senate was read and adopted:

SR 166.

By Senator Burton of the 5th:
A resolution commending Stan Cottrell and inviting him to appear before the Senate.

Senator Burton of the 5th introduced Stan Cottrell to the Senate.

Senator Garner of the 30th introduced the doctor of the day, Dr. Ray Fowler, of Lithia Springs, Georgia.

TUESDAY, FEBRUARY 19, 1985

1225

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 74. By Senators Deal of the 49th and Greene of the 26th:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense shall be entitled to be present in court during the prosecution of such offense; to provide for certain exceptions.

The Senate Committee on Judiciary offered the following substitute to SB 74:

A BILL
To be entitled an Act to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of wit nesses, so as to provide that the victim of a criminal offense may be entitled to be present in court during the prosecution of such offense; to provide that it shall be within the sole discretion of the judge to implement such provi sions of law and determine when to allow such victim or the representative of such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given; to provide for a representative of the victim when the victim is unable to attend such trial or hearing; to provide that failure of the victim or designated representative to exercise such right shall not be a cause or ground for appeal by a defendant or for any court to set aside, reverse, or remand a criminal conviction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-61, relating to sequestration of witnesses, and inserting in lieu thereof a new Code Section 24-9-61 to read as follows:
"24-9-61. Except as otherwise provided in Code Section 24-9-61.1, in all cases either party shall have the right to have the witnesses of the other party examined out of the hearing of each other. The court shall take proper care to effect this object as far as practicable and convenient, but no mere irregularity shall exclude a witness."
Section 2. Said article is further amended by adding a new Code sec tion immediately following Code Section 24-9-61, to be designated Code Section 24-9-61.1, to read as follows:
"24-9-61.1. (a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim or the repre sentative of such victim to be present in such court and, if such victim is

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permitted to be present, to determine the order in which the testimony of such victim shall be given.
(b) Whenever a victim is unable to attend such trial or hearing or any portion thereof by reason of death; disability; hardship; incapacity; physical, mental, or emotional condition; age; or other inability, the vic tim, the victim's guardian, or the victim's family may select a representa tive who shall be entitled to exercise any right granted to the victim, pursuant to this Code section. In the event of a dispute, the court, in its discretion, may designate such representative.
(c) The failure of a victim or a person designated to represent the victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0 and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 19, 1985

1227

Those not voting were Senators:

Brannon Coleman (excused)

Garner Horton

Hudgins

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time on Feb ruary 15 and postponed until February 18, was put upon its passage:

SB 202.

By Senators Bryant of the 3rd, Kennedy of the 4th and Perry of the 7th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Brannon Coleman (excused) Garner

Starr Timmons

Trulock Walker

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On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on Feb ruary 15 and postponed until February 18, was put upon its passage:

SB 213.

By Senators Bryant of the 3rd and Perry of the 7th:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th Coleman (excused)

Holloway Hudgins

McKenzie Timmons

TUESDAY, FEBRUARY 19, 1985

1229

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 86. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, so as to provide that the superior court may delegate to the magistrate court the authority to grant bail for certain offenses otherwise bailable only before a judge of superior court; to provide for all related matters.

The Senate Committee on Judiciary offered the following substitute to SB 86:

A BILL
To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons charged with criminal offenses, so as to provide for criminal offenses which are baila ble only before a judge of superior court; 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. Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to granting of bail to persons charged with criminal offenses, is amended by striking subsection (a) and inserting in its place a new sub section to read as follows:
"(a) The offenses of rape, armed robbery, aircraft hijacking, trea son, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II con trolled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicated, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misde meanor be refused bail."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal English

Engram Fincher Foster Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Dean

Garner Harrison

Holloway McKenzie

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 147. By Senators Perry of the 7th, Bryant of the 3rd, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any sur plus of funds directly related to fines imposed for violations of the laws of this state relating to controlled substances shall be equally divided be-

TUESDAY, FEBRUARY 19, 1985

1231

tween the county entitled to share such funds and the Georgia Bureau of Investigation.

The Senate Committee on Public Safety offered the following substitute to SB 147:

A BILL
To be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, so as to provide for mandatory minimum penalties upon conviction for certain violations; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relat ing to general provisions pertaining to the Georgia Bureau of Investigation, so as to authorize a Special Cocaine Task Force to assist local law enforce ment agencies in cocaine abuse and trafficking investigations and the appre hension of violators; to provide that the Special Cocaine Task Force shall have state-wide jurisdiction when authorized by the director of the Georgia Bureau of Investigation; to provide that the Special Cocaine Task Force shall install and publicize the number of a state-wide telephone in an effort to encourage citizens to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and trafficking; to sunset the Special Cocaine Task Force; to authorize a mobile cocaine education van within the Georgia Bureau of Investigation which shall be equipped with displays, vis ual aids, books, pamphlets, video films, and a trained instructor; to provide that the mobile cocaine education van shall be available free of charge to schools, industries, and communities to teach youths and adults about the dangers of cocaine and other controlled substances; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia An notated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture containing cocaine, as de scribed in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be pun ished as follows:
(1) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00;
(2) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to

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a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and
(3) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00."
Section 2. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, is amended by adding a new Code Section 35-3-9.1, immediately following Code Section 35-3-9, to read as follows:
"35-3-9.1. (a) There is authorized within the Georgia Bureau of In vestigation a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the appre hension of violators of the controlled substances laws of this state. The director of the Georgia Bureau of Investigation shall select the best qual ified and trained narcotics agents under his supervision and control to serve on the Special Cocaine Task Force. The director of the Georgia Bureau of Investigation shall also appoint the commander of the Special Cocaine Task Force. The Special Cocaine Task Force is authorized, upon request, to assist any law enforcement agency in this state in cocaine abuse and traffic investigations and the apprehension of violators of the controlled substances laws of this state. The Special Cocaine Task Force shall also have state-wide jurisdiction when authorized by the director to enforce the laws of this state relating to controlled substances. Agents in the Special Cocaine Task Force shall possess all of the powers of Georgia Bureau of Investigation agents generally authorized by law.
(b) The Special Cocaine Task Force shall install and publicize the number of a state-wide WATS telephone and encourage citizens to call the toll free telephone number to report incidents of drug abuse and traf ficking or any suspicious activity involving drug abuse and trafficking.
(c) This Code section shall stand repealed on June 30, 1990."
Section 3. Said article is further amended by adding a new Code Sec tion 35-3-9.2, immediately following the new Code Section 35-3-9.1, to read as follows:
"35-3-9.2. The Georgia Bureau of Investigation is authorized to purchase, operate, and maintain a mobile cocaine education van which shall be available to schools, industries, and communities desiring to teach youths and adults about the dangers of cocaine and other con trolled substances. The van shall be equipped with displays, visual aids, books, pamphlets, video films, and other educational items and be manned by a trained instructor. The director shall offer the mobile co caine education van free of charge to any school, industry, community, or other organization in this state which is interested in publicizing the dan gers of cocaine and other controlled substances to the public."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 19, 1985

1233

Senator Perry of the 7th offered the following substitute to SB 147:

A BILL
To be entitled an Act to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any surplus of funds directly related to fines imposed for violations of the laws of this state relating to trafficking in cocaine, illegal drugs, or mari juana shall be equally divided between the county entitled to share such funds, the sheriffs of the counties involved in the arrest and conviction of violators, and the Georgia Bureau of Investigation; to provide the purposes for which such funds shall be expended; to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, so as to provide for mandatory minimum penalties upon conviction for certain violations; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, so as to authorize a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investiga tions and the apprehension of violators; to provide that the Special Cocaine Task Force shall have state-wide jurisdiction when authorized by the direc tor of the Georgia Bureau of Investigation; to provide that the Special Co caine Task Force shall install and publicize the number of a state-wide tele phone in an effort to encourage citizens to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and traffick ing; to sunset the Special Cocaine Task Force; to authorize a mobile cocaine education van within the Georgia Bureau of Investigation which shall be equipped with displays, visual aids, books, pamphlets, video films, and a trained instructor; to provide that the mobile cocaine education van shall be available free of charge to schools, industries, and communities to teach youths and adults about the dangers of cocaine and other controlled sub stances; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, is amended by adding a new Code Sec tion 15-21-55.1, immediately following Code Section 15-21-55, to read as follows:
"15-21-55.1. Notwithstanding the provisions of any other laws to the contrary, one-third of any surplus funds directly related to fines im posed for violations of the laws of this state relating to trafficking in co caine, illegal drugs, or marijuana under Code Section 16-13-31 which remain in the hands of the county treasurer or other custodian of the fine and forfeiture fund or in the hands of any officer of court or other person as agent or representative of any officer of court after all legal claims against the fund have been paid or are barred by limitation shall be paid over into the general fund of the county treasury to be used by the county for the purpose of paying the expenses of courts, the maintenance

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and support of prisoners, paying sheriffs and coroners for litigation, and paying all legal demands of clerks of court, prosecuting officers, sheriffs, and other officers of court. One-third of any surplus funds directly re lated to fines imposed for violations of the laws of this state relating to trafficking in cocaine, illegal drugs, or marijuana under Code Section 1613-31 which remain in the hands of the county treasurer or other custo dian of the fine and forfeiture fund or in the hands of any officer of court or other person as agent or representative of any officer of court after all legal claims against the fund have been paid or are barred by limitation shall be equally divided among the sheriffs of the counties involved in the arrest and conviction for which the fine is imposed to be used for the purpose of defraying any costs involved in combatting cocaine abuse and cocaine trafficking in their respective counties. The remaining one-third of any surplus funds directly related to fines imposed for violations of the laws of this state relating to trafficking in cocaine, illegal drugs, or mari juana under Code Section 16-13-31 which remain in the hands of the county treasurer or other custodian of the fine and forfeiture fund or in the hands of any officer of court or other person as agent or representa tive of any officer of court after all legal claims against the fund have been paid or are barred by limitation shall be paid to the Georgia Bureau of Investigation to be used by the bureau for the purpose of defraying the costs of purchasing, equipping, and operating the mobile cocaine educa tion van as provided in Code Section 35-3-9.2 and paying rewards to informants."
Section 2. Code Section 16-13-31 of the Official Code of Georgia An notated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture containing cocaine, as de scribed in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be pun ished as follows:
(1) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00;
(2) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and
(3) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00."
Section 3. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia

TUESDAY, FEBRUARY 19, 1985

1235

Bureau of Investigation, is amended by adding a new Code Section 35-3-9.1, immediately following Code Section 35-3-9, to read as follows:
"35-3-9.1. (a) There is authorized within the Georgia Bureau of In vestigation a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the appre hension of violators of the controlled substances laws of this state. The director of the Georgia Bureau of Investigation shall select the best qual ified and trained narcotics agents under his supervision and control to serve on the Special Cocaine Task Force. The director of the Georgia Bureau of Investigation shall also appoint the commander of the Special Cocaine Task Force. The Special Cocaine Task Force is authorized, upon request, to assist any law enforcement agency in this state in cocaine abuse and traffic investigations and the apprehension of violators of the controlled substances laws of this state. The Special Cocaine Task Force shall also have state-wide jurisdiction when authorized by the director to enforce the laws of this state relating to controlled substances. Agents in the Special Cocaine Task Force shall possess all of the powers of Georgia Bureau of Investigation agents generally authorized by law.
(b) The Special Cocaine Task Force shall install and publicize the number of a state-wide WATS telephone and encourage citizens to call the toll free telephone number to report incidents of drug abuse and traf ficking or any suspicious activity involving drug abuse and trafficking.
(c) This Code section shall stand repealed on June 30, 1990."
Section 4. Said article is further amended by adding a new Code Sec tion 35-3-9.2, immediately following the new Code Section 35-3-9.1, to read as follows:
"35-3-9.2. The Georgia Bureau of Investigation is authorized to purchase, operate, and maintain a mobile cocaine education van which shall be available to schools, industries, and communities desiring to teach youths and adults about the dangers of cocaine and other con trolled substances. The van shall be equipped with displays, visual aids, books, pamphlets, video films, and other educational items and be manned by a trained instructor. The director shall offer the mobile co caine education van free of charge to any school, industry, community, or other organization in this state which is interested in publicizing the dan gers of cocaine and other controlled substances to the public."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by the Senate Committee on Public Safety, the yeas were 0, nays 37, and the substitute was lost.

On the adoption of the substitute offered by Senator Perry of the 7th, the yeas were 41, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators Brannon and Coleman (excused).

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Turner of the 7th moved that SB 147 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 147 was immediately transmitted to the House.

Senator Broun of the 46th, pursuant to SR 142 adopted previously, introduced the seniors on the 1984 football team at the University of Georgia; Coach Bill Hartman; UGA, the team's mascot, and Mr. and Mrs. Frank Seiler, his owners, and others in volved in the football program at the university.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

TUESDAY, FEBRUARY 19, 1985

1237

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 185. By Senators English of the 21st, Gillis of the 20th and Ray of the 19th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with re spect to postsecondary education, so as to revise comprehensively the pro visions relating to grants for attendance at colleges of osteopathic medicine; to declare legislative findings and purpose.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell English Engram

Fincher Garner Gillis Greene Harris Harrison Hine Horton Huggins Kidd Land Langford McGill Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Cobb Coleman (excused) Dawkins

Deal Dean Foster Holloway

Howard Hudgins Kennedy (presiding) McKenzie

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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Senator English of the 21st moved that SB 185 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 185 was immediately transmitted to the House.

Senator Greene of the 26th moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 191. By Senator Greene of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be substantially in a certain form; to provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifi cally requested to do so by a person desiring to execute a living will.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 191 was immediately transmitted to the House.

Senator Bryant of the 3rd moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 202.

By Senators Bryant of the 3rd, Kennedy of the 4th and Perry of the 7th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 202 was immediately transmitted to the House.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 200.

By Senator Brannon of the 51st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 19, 1985

1239

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal

Dean Engram Fincher Garner Gillis Greene Harris Harrison Hine Horton Huggins Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brannon Coleman (excused) Coverdell English

Foster Holloway Howard Hudgins

Kennedy (presiding) McKenzie Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 219.

By Senator Hine of the 52nd:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are qualified to do so to that of ensuring that the governing body operat ing a treatment program is licensed to do so; to change certain defini tions; to change certain licensure provisions.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 219 by striking from line 11 of Page 1 the following: "to allow for",
and inserting in its place the following:

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"provide conditions for".
By striking from line 13 of Page 1 the following:
"subpoena or".
By striking lines 6 through 13 of Page 11 and inserting in their place the following:
"confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hear ing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Engram Holloway

Howard Kennedy (presiding) McKenzie

Phillips Scott of 2nd Timmons

TUESDAY, FEBRUARY 19, 1985

1241

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 233.

By Senator Howard of the 42nd:
A bill to amend Code Section 49-6-61 of the Official Code of Georgia Annotated, relating to definitions regarding community care and services for the elderly, so as to change certain limitations regarding which enti ties may be lead agencies.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 233 by adding on line 23 of Page 1 after the following: "nonprofit entity",
the following: ", any profit entity,".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris

Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill Peevy Perry

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Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons Tolleson

Trulock Turner
Tysmger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Engram Holloway

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.

SB 235.

By Senator Deal of the 49th:
A bill 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.

Senator Deal of the 49th offered the following amendment:

Amend SB 235 by striking from line 3 of Page 2 the following: "the cost of the diagnosis or treatment of.

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton

TUESDAY, FEBRUARY 19, 1985

1243

Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Fincher Harrison

Howard Kennedy (presiding)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 247. By Representatives Home of the 103rd, Watson of the 114th, Aaron of the 56th and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages on certain days, so as to provide for a referendum election to determine whether the sale of alcoholic beverages in the unincorporated areas of the county or in a mu nicipality shall be prohibited on election days.

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The following bill of the House was read the first time and referred to committee:

HB 247. By Representatives Home of the 103rd, Watson of the 114th, Aaron of the 56th and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages on certain days, so as to provide for a referendum election to determine whether the sale of alcoholic beverages in the unincorporated areas of the county or in a mu nicipality shall be prohibited on election days.
Referred to Committee on Consumer Affairs.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 115.

By Senator Engram of the 34th:
A resolution encouraging the Department of Public Safety to provide certain information regarding organ donations.

The Senate Committee on Public Safety offered the following substitute to SR 115:

A RESOLUTION
Encouraging the Department of Public Safety to provide certain infor mation regarding organ donations; and for other purposes.
WHEREAS, the Department of Public Safety of Georgia is required under Code Section 40-5-7 of the Official Code of Georgia Annotated to furnish persons applying for or requesting drivers' licenses with forms for making gifts of all or part of a donor's body upon the donor's death; and
WHEREAS, numerous organizations are interested in promoting such donations because of the enormous benefits such donations provide to living persons who desperately need organ transplants; and
WHEREAS, the importance of organ donations has also been recog nized by the Governor's proclaiming February 15, 1985, as Organ Donor Day; and
WHEREAS, the public needs to be encouraged to make such donations at a time when the proper procedures for making these donations are most convenient; and
WHEREAS, one of the most convenient times to make such gifts is when a person applies for a driver's license.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Department of Public Safety is encouraged to accept from various organ donor advocacy groups brochures, posters, and similar information and to

TUESDAY, FEBRUARY 19, 1985

1245

use this information to publicize at facilities issuing, reissuing, or renewing drivers' licenses the need and procedures for making such donations.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of public safety.

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 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) English

Fincher Harrison

Kennedy (presiding) McGill

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

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HB 240.

By Representatives Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
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," and to amend Chapter 32 of Title 36 of the Official Code of Geor gia Annotated, so as to provide that an owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance or an approved plan of self-insurance on such vehicle is guilty of a misdemeanor.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Fincher Harrison

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 19, 1985

1247

HB 412.

By Representatives Martin of the 60th, Williams of the 6th, Milford of the 13th and others:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of the term "wages" under the "Em ployment Security Law," so as to change the definition of the term "wages"; to provide that the term "wages" shall not include payments made to or on behalf of an employee for sickness or accident disability, only if the payments are received under a workers' compensation law.

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:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon

Coleman (excused) Harrison

Kennedy (presiding) 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.

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HB 411.

By Representatives Martin of the 60th, Burruss of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to raise the taxable wage base; to change the definition of the term "wages"; to change the provisions relating to determination of weekly benefit amount; to raise the maximum weekly benefit amount.

Senator 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Harrison

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 19, 1985

1249

HB 325.

By Representatives Steinberg of the 46th, Bolster of the 30th, Alford of the 57th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to specify certain zoning procedures to be followed in counties having a population of 400,000 or more and in municipalities wholly or partially located within such counties.

Senate Sponsor: Senator Walker 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Coverdell

Dawkins Holloway

Kennedy (presiding) Reddish

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 48. By Representative Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to au thorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Governmental Operations offered the following substi tute to HB 48:

A BILL
To be entitled an Act to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy regis trars, so as to authorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located; to amend Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment of registrars and deputy registrars for municipal elections, so as to authorize principals and assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside in a municipality other than the municipality in which the school is located or who reside in a mu nicipality which lies outside of the county in which the school is located; 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 21-2-212 of the Official Code of Georgia An notated, relating to the appointment of deputy registrars, is amended by striking in its entirety subsection (c) and inserting in its place a new subsec tion (c) to read as follows:
"(c) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside outside of the county in which the school is located, the principal or assis tant principal of such high school and the director of such area voca tional school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective county of residence. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area voca-

TUESDAY, FEBRUARY 19, 1985

1251

tional school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection."
Section 2. Code Section 21-3-120 of the Official Code of Georgia An notated, relating to the appointment of registrars and deputy registrars in municipal elections, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school is located or who reside in a munici pality which lies outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified ap plicant who is enrolled as a student in the school on behalf of such stu dent's respective municipality of residence. Such principals or assistant principals and directors shall inform their students of the powers con ferred upon such officials by this Code section and shall provide reasona ble and convenient procedures to enable students who are qualified appli cants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a dep uty registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsec tion. Code Section 21-3-121 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection."
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 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Dawkins

Kennedy (presiding)

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 resumed the Chair.

HB 437.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Code Section 7-3-6 of the Official Code of Georgia An notated, relating to exemptions from the provisions of the "Georgia In dustrial Loan Act," so as to provide for an express exemption for certain colleges and universities.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following substitute to HB 437:

A BILL
To be entitled an Act to amend Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the

TUESDAY, FEBRUARY 19, 1985

1253

"Georgia Industrial Loan Act," so as to provide for an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; 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 7-3-6 of the Official Code of Georgia Anno tated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-3-6 to read as follows:
"7-3-6. This chapter shall not apply to businesses organized or oper ating under the authority of any law of this state or of the United States relating to banks, trust companies, real estate loan or mortgage compa nies, federal savings and loan associations, Georgia building and loan as sociations, credit unions, and pawnbrokers or to the transactions of such businesses, which businesses are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. This chapter also shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. It is expressly provided that no bank, trust company, national bank, insurance company, or real estate loan or mortgage company, authorized to do business in this state, shall be re quired to obtain a license under this chapter nor shall the University Sys tem of Georgia or its educational units or private colleges and universi ties in this state and associations thereof be required to obtain a license under this chapter. It is further provided that persons making loans and charging interest thereon at a rate of not more than 8 percent simple interest per annum shall not be subject to this chapter or required to obtain a license hereunder."
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 40, 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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

Horton

Trulock

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 438.

By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solici tation Sales Act," so as to provide an express exemption for certain col leges and universities.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following substitute to HB 438:

A BILL
To be entitled an Act to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," so as to provide an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; to provide an effective date; to re peal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 19, 1985

1255

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicita tion Sales Act," is amended by adding at the end thereof a new Code Sec tion 10-1-16 to read as follows:
"10-1-16. This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transac tions thereof are expressly exempted from the operation of its provisions."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Brannon Burton

Coleman (excused) English

Horton

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 91. By Representative Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real properties located in Dougherty County, Georgia, and in the cities of Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; Dalton, Whitfield County, Geor gia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Geor gia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Public Utilities offered the following amendment:

Amend HR 91 by striking on Page 5, subsection 4, line 4, the following:
"Governmental Operations",
and inserting in lieu thereof the following:
"Public Utilities".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

TUESDAY, FEBRUARY 19, 1985

1257

Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh
T1 ratlfCa
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon

Coleman (excused)

Scott of 2nd

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following resolution of the Senate was read and put upon its adoption:

SR 169. By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 22, and to reconvene at 10:00 o'clock A.M. on Monday, February 25, 1985.

On the adoption of the resolution, the yeas were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 167.
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 12:50 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 20, 1985

1259

Senate Chamber, Atlanta, Georgia Wednesday, February 20, 1985 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 120.

By Representatives Thomas of the 69th, Kilgore of the 42nd, Lawson of the 9th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to au thorize participation of county prisoners in work-release programs.

HB 155.

By Representatives Galer of the 97th, Benefield of the 72nd, Walker of the 115th and others:
A bill to revise extensively statutes relative to the enforcement of child and spousal support obligations; to implement certain changes required by the federal Child Support Enforcement Amendments of 1984, relating to garnishment proceedings, so as to provide for amounts of earnings which may be subject to continuing garnishment for support.

HB 170.

By Representatives Kilgore of the 42nd, Wilson of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the im position of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunc tion with the imposition of the tax.

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JOURNAL OF THE SENATE

HB 191.

By Representatives Cox of the 141st, Greene of the 130th, Long of the 142nd and others:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens on property, so as to provide that registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms.

HB 205.

By Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th and others:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines.

HB 647.

By Representative Bolster of the 30th:
A bill to amend Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, so as to provide for the perma nent continuation of such jurisdiction for magistrate courts of counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

HB 693.

By Representatives Wood of the 9th, Galer of the 97th, Hays of the 1st and others:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director."

HB 712.

By Representative Walker of the 85th:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continua tion statement shall specify that the obligation is not subject to a matur ity date.

HB 723.

By Representatives Pettit of the 19th, Athon of the 57th, Couch of the 40th and others:
A bill to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, so as to require certain court rulings and provide for certain rates under bond or other arrangements during appeal; to provide for records, inter est, and refunds.

WEDNESDAY, FEBRUARY 20, 1985

1261

HB 737.

By Representatives Pannell of the 122nd, Alien of the 127th, Triplet! of the 128th and others:
A bill to repeal an Act approved April 6, 1981, providing for the advance deposit toward court costs in the state courts of counties of this state having a population of not less than 190,000 nor more than 210,000 ac cording to the United States decennial census of 1980 or any future census.

HB 747.

By Representative Ware of the 77th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, so as to provide the time for filing with the Insur ance Commissioner certain insurance premium rates which are deter mined by contract.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 27. By Senators Garner of the 30th, Langford of the 35th, Engram of the 34th and Kennedy of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and produc tion and preservation of evidence, so as to provide witness fees for correc tional officers; to provide an effective date.

The House has adopted, as amended, by the requisite constitutional majority the following resolutions of the Senate:

SR 10. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Milledgeville, Baldwin County, Georgia.

SR 52. By Senators Coleman of the 1st, Bryant of the 3rd and Scott of the 2nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savan nah an easement over, under, across, and through certain property owned by the State and located in Chatham County, Georgia, for the construc tion, installation, operation, maintenance, repair, improvement, and re placement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such state-owned property.

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The House has passed by the requisite constitutional majority the following bills of the House:

HB 823.

By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to punishment which may be im posed by the recorder's court.

HB 827.

By Representative Cox of the 141st:
A bill to amend an Act reincorporating the City of Donalsonville, so as to change the composition of the council.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 167. By Senator McGill of the 24th:
A bill to provide for election districts for the board of education of Wilkes County.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 260. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to terms of office of certain city officials; to provide that certain city officials shall serve at the pleasure of the mayor; to provide for filling vacancies in cer tain city offices; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 261. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Campaign and Financial Disclosure Act," so as to provide that campaign contributions and proceeds of investment of such contributions can only be used for certain purposes or transferred to certain organizations.
Referred to Committee on Governmental Operations.

SB 262.

By Senator Hudgins of the 15th:
A bill to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to authorized investments for bond proceeds, so as to

WEDNESDAY, FEBRUARY 20, 1985

1263

provide that the proceeds of any bonds may be invested and reinvested in certificates of deposit.
Referred to Committee on Banking and Finance.

SR 168. By Senator Reddish of the 6th:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Brantley County, Georgia, to the Brantley County Board of Commissioners; to provide an effective date.
Referred to Committee on Public Utilities.

SR 171. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry Study Committee.
Referred to Committee on Rules.

SR 173. By Senator Barker of the 18th:
A resolution urging the Congress of the United States to continue suffi cient funding for Amtrak.
Referred to Committee on Transportation.

SR 174. By Senators Engram of the 34th, Trulock of the 10th, Garner of the 30th and others:
A resolution creating the Peace Officers' Annuity and Benefit Fund Study Committee.
Referred to Committee on Rules.

SR 175. By Senators Garner of the 30th and Harrison of the 37th:
A resolution creating the Senate Emergency Medical Services Study Committee.
Referred to Committee on Rules.

SR 176. By Senator Bryant of the 3rd:
A resolution authorizing the Georgia Department of Defense and the Georgia Department of Veterans Service to design and strike the Georgia Medal of Honor.
Referred to Committee on Defense and Veterans Affairs.

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The following bills of the House were read the first time and referred to committees:

HB 120. By Representatives Thomas of the 69th, Kilgore of the 42nd, Lawson of the 9th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to au thorize participation of county prisoners in work-release programs.
Referred to Committee on Offender Rehabilitation.

HB 155. By Representatives Galer of the 97th, Benefield of the 72nd, Walker of the 115th and others:
A bill to revise extensively statutes relative to the enforcement of child and spousal support obligations; to implement certain changes required by the federal Child Support Enforcement Amendments of 1984, relating to garnishment proceedings so as to provide for amounts of earnings which may be subject to continuing garnishment for support.
Referred to Committee on Judiciary.

HB 170. By Representatives Kilgore of the 42nd, Wilson of the 20th, Williams of the 6th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the im position of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunc tion with the imposition of the tax.
Referred to Committee on Banking and Finance.

HB 191. By Representatives Cox of the 141st, Greene of the 130th, Long of the 142nd and others:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens on property, so as to provide that registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms.
Referred to Committee on Judiciary.

HB 205. By Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th and others:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines.
Referred to Committee on Judiciary and Constitutional Law.

WEDNESDAY, FEBRUARY 20, 1985

1265

HB 647. By Representative Bolster of the 30th:
A bill to amend Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, so as to provide for the perma nent continuation of such jurisdiction for magistrate courts of counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to Committee on Judiciary.

HB 693. By Representatives Wood of the 9th, Galer of the 97th, Hays of the 1st and others:
A bill to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Divi sion of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director."
Referred to Committee on Defense and Veterans Affairs.

HB 712. By Representative Walker of the 85th:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continua tion statement shall specify that the obligation is not subject to a matur ity date.
Referred to Committee on Judiciary and Constitutional Law.

HB 723. By Representatives Pettit of the 19th, Athon of the 57th, Couch of the 40th and others:
A bill to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, so as to require certain court rulings and provide for certain rates under bond or other arrangements during appeal; to provide for records, inter est, and refunds.
Referred to Committee on Public Utilities.

HB 737. By Representatives Pannell of the 122nd, Alien of the 127th, Triplett of the 128th and others:
A bill to repeal an Act approved April 6, 1981, providing for the advance deposit toward court costs in the state courts of the counties of this state having a population of not less than 190,000 nor more than 210,000 ac cording to the United States decennial census of 1980 or any future census.
Referred to Committee on Judiciary.

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HB 747. By Representative Ware of the 77th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, so as to provide the time for filing with the Insur ance Commissioner certain insurance premium rates which are deter mined by contract.
Referred to Committee on Insurance.

HB 823. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to punishment which may be im posed by the recorder's court.
Referred to Committee on Urban and County Affairs.

HB 827. By Representative Cox of the 141st:
A bill to amend an Act reincorporating the City of Donalsonville, so as to change the composition of the council.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 154. Do pass. SB 256. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 185. Do pass by substitute.
HB 369. Do pass.

WEDNESDAY, FEBRUARY 20, 1985

1267

HB 462. Do pass.

Respectfully submitted, Senator Scott of the 2nd 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 14. Do pass as amended.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs 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 158. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under considera tion the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 145. HB 368. HB 471.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following resolution

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JOURNAL OF THE SENATE

of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 37. Do pass.
Respectfully submitted,
Senator Foster of the 50th 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 5. Do pass. HB 6. Do pass. HB 33. Do pass.

HB 250. Do pass. HB 645. Do pass.

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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 201. Do pass. SB 101. Do pass by substitute.

SB 231. Do pass. HB 273. Do pass.

Respectfully submitted,

Senator Greene of the 26th 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 74. Do pass as amended.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

WEDNESDAY, FEBRUARY 20, 1985

1269

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 246. Do pass as amended. SB 250. Do pass. SB 259. Do pass. SR 162. Do pass.

HB 538. HB 608. HB 760.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 66. By Senator Allgood of the 22nd:
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 make it the duty of the clerk to ascertain that a lien or judgment contains the name, address, and social security number of the person against whose property the lien is filed; to require persons presenting liens or judgments for filing to provide such information.

SB 89. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to locations at which the uniform rules of the road law is applicable, so as to change the provisions relating to certain offenses; to provide for other matters relative to the foregoing.

SB 127. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to pro vide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

SB 232. By Senators Gillis of the 20th, Ray of the 19th, Huggins of the 53rd and English of the 21st:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Offi cial Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such in formation shall be provided to the seller of such timber; to provide for exceptions; to provide for definitions; to provide for penalties.

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JOURNAL OF THE SENATE

SB 234.

By Senator Baldwin of the 29th:
A bill to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for prac tices and procedures.

SB 240.

By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his con sent and the damage thereto is $250.00 or less.

SR 129.

By Senators Starr of the 44th, Holloway of the 12th, Kennedy of the 4th and others:
A resolution urging the Internal Revenue Service of the United States Department of the Treasury to revise certain tax regulations applicable to business employers and employees.

HB 30. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime.

HB 43. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to change the fee for acquiring certain prestige or special license plates; to require that a county decal be used with and affixed to prestige or special license plates.

HB 61. By Representative Bray of the 91st:
A bill to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to financial institutions' pay ment of deposits of deceased intestate depositors, so as to provide that moneys belonging to an intestate decedent may be deposited into a sav ings account in the decedent's name and may be paid out in the same manner as from other accounts of the decedent.

HB 88. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other

WEDNESDAY, FEBRUARY 20, 1985

1271

courts, so as to authorize the Governor to fill temporarily certain vacan cies in certain situations.

HB 123.

By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of public roads, so as to provide for a public hearing prior to the closing, relocation, or elimination of any grade crossing by means of an overpass or underpass.

HB 130.

By Representatives Hamilton of the 124th, Jackson of the 9th and Lane of the 27th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide defini tions; to change certain procedures relative to the foreclosure of liens on abandoned motor vehicles; to change certain notice requirements.

HB 134.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, so as to require the report ing of a lost or mutilated license plate or revalidation sticker.

HB 159.

By Representative Walker of the 115th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to authorize the court imposing the death penalty to fix a seven-day period of time, rather than a date certain, during which the sentence shall be carried out.

HB 172.

By Representatives Triplett of the 128th, Birdsong of the 104th, Godbee of the 110th and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to enact the "Georgia Rail Passenger Authority Law"; to create the Georgia Rail Passenger Authority.

HB 179.

By Representative Ramsey of the 3rd:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to the suspension of license or driving privilege for failure to respond to a citation, so as to exempt lessees of motor vehicles which are motor carriers in violation of Article 2 of Chapter 9 of Title 48 or of a road tax law of another state from the suspension provisions of this Code section.

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JOURNAL OF THE SENATE

HB 183.

By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, so as to require in civil cases that, if a grant of a new trial is based on the exercise of a judge's discretion, the order shall articulate the reason or reasons for the exercise of such discretion.

HB 235.

By Representatives Richardson of the 52nd, Childs of the 53rd, Williams of the 54th 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 vehi cles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Emory University.

HB 244.

By Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st and others:
A bill to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions.

HB 331.

By Representative Milford of the 13th:
A bill to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employ ment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings.

HB 373.

By Representative Chambless of the 133rd and others:
A bill to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution".

HB 374.

By Representative Chambless of the 133rd and others:
A bill to amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to in crease the par value of each share for each class; to provide for a mini mum par value.

HB 375.

By Representative Chambless of the 133rd and others:
A bill to amend Code Section 11-1-201 of the Official Code of Georgia Annotated, relating to general definitions in the Uniform Commercial Code, so as to redefine the term "bank".

WEDNESDAY, FEBRUARY 20, 1985

1273

HB 430.

By Representatives Bolster of the 30th, Adams of the 36th, Wilson of the 20th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, re lating to local government, so as to provide a new Chapter 44, relating to additional redevelopment powers for counties and municipalities.

HB 452.

By Representatives Coleman of the 118th, Home of the 103rd and Jack son of the 9th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limi tations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action.

HB 495.

By Representatives Rainey of the 135th, Phillips of the 120th, Walker of the 115th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation; to provide for the establishment of nongame wildlife conserva tion programs and wildlife habitat acquisition programs by the Depart ment of Natural Resources.

HB 506.

By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms.

HB 546.

By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, so as to provide an exception to the amounts payable for interment if a county has made prior arrangements through bids or negotiation.

HB 592.

By Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th and others:
A bill to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the coun ties comprising such circuit.

HB 635.

By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change

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JOURNAL OF THE SENATE

the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit.

HB 637.

By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing for an investigator for the office of the district attorney for the Cherokee Judicial Circuit, so as to change the compensation of such investigator; to provide for cost-of-living increases in such compensation.

HR 112.

By Representatives Foster of the 6th, Williams of the 6th and Ramsey of the 3rd:
A resolution authorizing the conveyance of certain state owned property in the City of Dalton, Whitfield County, Georgia.

HR 198.

By Representatives Couch of the 40th, Lee of the 72nd, Waldrep of the 80th and others:
A resolution encouraging the regulated local exchange telephone compa nies to take certain steps to be able to compete effectively with nonregulated telephone companies.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Barnes
|owen rann.on BroutoUth Brown of 47th Bryant Burton Cobb Dawkins Dean English

Engram Fincher Foster Gillis Greene
Harris Harrison "olloway Horton Hudgms Huggins Kennedy Kidd Land McGill

McKenzie Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not answering were Senators:

Bond Coleman (excused) Coverdell Deal

Garner Hine Howard

Langford Peevy Trulock

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1275

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of the First Baptist Church, Forest Park, Georgia, who offered scrip ture reading and prayer.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

Senator Dawkins of the 45th moved that the following bill of the House be with drawn from the Senate Committee on Education and committed to the Senate Com mittee on Industry and Labor:

HB 266.

By Representatives Milford of the 13th, Aaron of the 56th, Mostiler of the 75th and Martin of the 60th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits to professional and nonprofessional employees of educational institutions between academic years or terms and during an established and customary vacation or holiday.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 266 was withdrawn from the Senate Committee on Education and committed to the Senate Committee on Industry and Labor.

The following resolutions of the Senate were read and adopted:

SR 170. By Senator Horton of the 17th: A resolution commending Scottish Rite Children's Hospital.

SR 172. By Senator Barker of the 18th: A resolution commending Mr. J. R. Snyder.

SR 177.

By Senators Foster of the 50th, Deal of the 49th, Peevy of the 48th and Brown of the 47th:
A resolution commending Honorable Phil Landrum.

SR 178. By Senator Greene of the 26th: A resolution commending Freddy Weller.

SR 179. By Senator Greene of the 26th: A resolution commending J. R. "Jim" Snyder.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Wednesday, February 20, 1985
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 221 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Brantley, 56th Fulton County
Relates to county board of health; authorizes creation of county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

SB 245 Huggins, 53rd City of LaFayette Walker County
Amends Act creating new charter for city; provides for vacancies in elected offices; provides for oaths of office; provides what actions shall be considered a forfeiture of office; provides for inquiries and investigations into the affairs of city or its departments.

HB 399 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Brantley, 56th Fulton County
Amends Act providing for number of members and for election of mem bers of Board of Education; changes provisions relative to description of certain education districts.

WEDNESDAY, FEBRUARY 20, 1985

1277

HB 469 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Brantley, 56th Fulton County
Amends Act establishing municipal court of city (now a division of State Court of Fulton County), revises certain costs and service fees charged by clerk marshal of said court.

HB 533 Dean, 31st Hine, 52nd Bartow County
Amends Act placing certain county officers upon an annual salary; changes compensation of sheriff, clerk of superior court and judge of Pro bate Court.

HB 537

Dean, 31st Hine, 52nd Bartow County
To provide for compensation of chief magistrate of Magistrate Court.

HB 589 Bryant, 3rd Reddish, 6th Glynn County
Amends Act creating board of commissioners; changes compensation of chairman and members.

HB 634 Engram, 34th Langford, 35th Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Brantley, 56th Fulton County
Amends Act reincorporating City of Atlanta in counties of Fulton and DeKalb, creating a new charter for said city; provides for additional pur poses for which authorized one-half mill park improvement levy may be used.

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HB 646 Bryant, 3rd Reddish, 6th Glynn County
Amends Act establishing salary system for coroner of said county; changes compensation of coroner.

HB 722 Phillips, 9th Peevy, 48th City of Sugar Hill Gwinnett County
Amends Act providing new charter for city; changes corporate limits of the city.

HB 749

Brown, 47th Elbert County
Amends Act establishing State Court; changes terms of said court; changes provisions relating to salaries of judge and solicitor; changes pro visions relating to clerk.

HB 750

Timmons, llth Stewart County
Amends Act abolishing method of compensating sheriff of said county known as fee system and providing in lieu thereof an annual salary; changes provisions relating to compensation of sheriff.

HB 751

Timmons, llth Stewart County
Amends Act abolishing mode of compensating clerk of superior court and judge of probate court known as fee system; changes provisions relat ing to compensation of such officers.

HB 752 Timmons, llth Stewart County
Amends Act increasing compensation of tax commissioner; changes pro visions relating to compensation of tax commissioner.

HB 758

Dawkins, 45th Walton County
Amends Act providing for change in compensation of certain officers; changes expense allowance of chairman of board of commissioners.

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HB 759 Dawkins, 45th Walton County
Amends Act creating board of commissioners; changes compensation of members of board.

HB 778 Timmons, llth Early County
To abolish present mode of compensating clerk of Superior Court, known as fee system; provides in lieu thereof an annual salary.

HB 780 Engram, 34th Fayette County
To grant exemption from Fayette County School District ad valorem tax ation to certain elderly and disabled residents; provides amount of and qualifications for said exemptions.

HB 782 Broun, 46th Brown, 47th Jackson County
Amends Act creating office of tax commissioner, placing the clerk of su perior court, the sheriff, the judge of probate court, and tax commissioner on a salary basis of compensation and providing for compensation of chairman and members of Board of Commissioners of Jackson County; changes compensation of chairman and other members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Coverdell Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine

Horton Howard Hudgins Huggins Kennedy Kidd Land Langford Peevy Perry Phillips Ray

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Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Coleman (excused)

Dawkins Fincher Holloway

McGill McKenzie Timmons

On the passage of all the local bills, the yeas were 47, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Wednesday, February 20, 1985
TWENTY-NINTH LEGISLATIVE DAY
SB 160 Workers Compensation--compensation for vocational rehabilitation (SUBSTITUTE) (I&L--45th)
SB 161 Workers Compensation--repayment of medical treatment funds to group insurance company (I&L--45th)
SB 162 Workers Compensation--dismissal of application if no hearing scheduled for 5 years (I&L--45th)
SB 163 Workers Compensation--change time for benefit payment (I&L--45th)
HB 90 Driving Under the Influence--revise certain Code sections on crimi nal penalties (SUBSTITUTE) (AMENDMENTS) (J&CL--33rd)
SB 135 Stolen Vehicle--return provisions when owner showing title, tag re ceipts or other such evidence (J&CL--15th)
SB 208 Appraisement of Property of Decedent--heir offer evidence to court (AMENDMENT) (J&CL--48th)
SB 211 Revision of Judgment for Permanent Alimony--change provisions (J&CL--26th)
HB 558 Alcoholic Beverage Sale to Underage--city, county notify Revenue Department (C Aff--39th)
HR 20 Historical Marker Honoring Charles A. Lindbergh--Department of Natural Resources erect (ED&T--14th)
HR 111 State Property in Chattanooga, Tennessee--lease agreement with Southern Railway (Pub U--33rd)
HB 404 County Taxpayers--check made payable to county (SUBSTITUTE) (U&CA G--37th)

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1281

HR 153 Farmer--declare to be endangered species (AMENDMENT) (Ag--21st)
HB 340 Tax Commissioner and Collectors Acting as Ex Officio Sher iffs--compensation (Gov Op--25th)
HB 379 Incumbent Candidate--indicate on ballots and ballot labels (Gov Op--15th)
HB 488 Alcoholic Beverages--add certain items to list of contraband items (C Aff--39th)
HB 94 Solar Energy Equipment--extend time period for tax exemption (B&F--10th)
HB 370 Fair Business Practices Act--certain exclusions from definition of health spa (SUBSTITUTE) (C Aff--17th)
HB 413 DeKalb County Alcohol Beverage Tax--continue constitutional amendment (C Aff--39th)
HR 90 Pelham--lease of certain real property (Pub U--llth)
HB 371 Business Opportunity Purchaser--1 year to cancel, seller's failure to register (C Aff--17th)
HR 100 "Garden Week" in Georgia--designate (Nat R--20th)
HB 190 Public Librarians--may register applicants (Gov Op--25th)
HB 229 General Assembly Members--reimbursable expenses (SUBSTI TUTE) (Approp--4th)
HB 58 Public Safety Department--procedures for accepting donations, property (Pub Saf--49th)
HR 170 Local Constitutional Amendment Overview Committee--create (AMENDMENT) (Rules--12th)
HB 255 Coroner--change qualifications and provisions on bond required (Gov Op--51st)
HB 77 Personnel Board--General Assembly committees review proposed rules (AMENDMENT) (Gov Op--25th)
HR 183 Moratorium on Farm Foreclosures--urge imposition (Ag--24th)
HB 228 Fiscal Note Act--delete provisions on retirement bills (Ret--llth)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 160. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for per sons who will be presumed dependent; to provide for compensation for

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vocational rehabilitation; to provide for compensation for medical care and other treatment; to require the State Board of Workers' Compensa tion to publish annually a list of charges for medical services.

The Senate Committee on Industry and Labor offered the following substitute to SB 160:

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 pro vide for persons who will be presumed dependent; to provide for compensa tion for rehabilitation; to provide for compensation for medical care and other treatment; to require the State Board of Workers' Compensation to publish annually a list of charges for medical services; to authorize said board to obtain recommendations regarding fees for medical services; to change the weekly benefit payable for total disability and to provide time limits for the payments of such benefits; to change the compensation paya ble for temporary partial disability; to change the compensation payable for permanent partial disability; to change the compensation payable in the event of death of an employee; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, is amended by striking in its en tirety Code Section 34-9-13, relating to persons who are presumed to be dependent, and inserting in lieu thereof a new Code Section 34-9-13 to read as follows:
"34-9-13. (a) As used in this Code section, the term:
(1) 'Child' includes dependent stepchildren, legally adopted chil dren, posthumous children, and acknowledged illegitimate children but does not include married children; and
(2) 'Parent' includes stepparents and parents by adoption.
(b) The following persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee:
(1) A wife or husband who had not voluntarily abandoned her or his spouse at the time of the accident resulting in the death of the spouse, except that, if the surviving spouse was employed for a period of 90 days next prior to the accident which resulted in the death of the deceased employee, the presumption of dependence shall be rebuttable; and
(2) A child of the employee if:
(A) The child is under 18 or enrolled full time in high school;

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(B) The child is over 18 and is physically or mentally incapable of earning a livelihood; or
(C) The child is under the age of 22 and is a full-time student or the equivalent in good standing enrolled in a postsecondary institution of higher learning.
(c) If the deceased employee leaves a dependent surviving spouse, as above described, and no dependent child or children, the full compensa tion shall be paid to such spouse. If the deceased employee leaves a de pendent surviving spouse, as above described, and also a dependent child or children, the full compensation shall be paid to such spouse for his or her use and that of such child or children; provided, however, that the board shall have the power in proper cases, in its discretion, to apportion the compensation; provided, further, that, if the dependent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly dependent, if any, share and share alike. If there is no person wholly dependent, payment shall be made to partial dependents.
(d) In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the facts at the time of the acci dent, but no allowance shall be made for any payment made in lieu of board and lodging or services, and no compensation shall be allowed un less the dependency existed for a period of three months or more prior to the accident. In such other cases, if there is more than one person wholly dependent, the death benefit shall be divided among them, and persons partially dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative ex tent of their dependency.
(e) For the purpose of this chapter, the dependency of a spouse upon a deceased employee shall terminate with remarriage or cohabita tion in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship simi lar or akin to marriage, which relationship includes either sexual inter course or the sharing of living expenses. The dependency of a child shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater."
Section 2. Said chapter is further amended by striking in its entirety Code Section 34-9-200, relating to compensation for medical care and other treatment, and inserting in lieu thereof a new Code Section 34-9-200 to read as follows:
"34-9-200. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such medical, surgi cal, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical sup plies, artificial members, prosthetic devices and aids damaged or de-

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stroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and ap pear likely to effect a cure, give relief, or restore the employee to suitable employment.
(b) Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of the request to all inter ested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another phy sician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
(c) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(d) If an emergency arises and the employer fails to provide the medical or other care as specified in this Code section, or if other compel ling reasons force the employee to seek temporary care, the employee is authorized to seek such temporary care as may be necessary. The em ployer shall pay the reasonable costs of the temporary care if ordered by the board."
Section 3. Said chapter is further amended by adding immediately fol lowing Code Section 34-9-200, relating to compensation for medical care and other treatment, a new Code Section 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilita tion benefits which in the judgment of the State Board of Workers' Com pensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the em ployee's restoration to suitable employment while away from the em ployee's home shall include the reasonable costs of his board, lodging, and travel. The period for rehabilitation shall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is justified.
(b) The board shall make an assessment of the rehabilitation needs of an injured employee within 45 days of notification of injury and notify the employer, insurer, and employee if, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employ ment. Upon notification, the employer or insurer shall have 15 days to

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appoint a rehabilitation supplier or give reason why rehabilitation is not necessary. Failure of the employer or insurer to respond to the board's notice within 15 days after notification shall result in the board ap pointing a rehabilitation supplier at the expense of the employer or in surer. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation.
(c) Upon request of an employee or an employer, the board may, in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order additional re habilitation benefits in excess of 26 weeks; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
(d) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opin ion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may re quire recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(e) Fees of rehabilitation suppliers and the reasonableness and ne cessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board and a copy of the state ment of fees charged. Failure to comply shall prohibit the rehabilitation supplier from collection of fees from the employer, insurer, or employee. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees sub mitted and necessity of services rendered were reasonable. The recom mendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider.
(f) Failure of the employee's attorney to cooperate with the rehabil itation supplier may result in the suspension or reduction of the fees pro vided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment.
(g) Any rehabilitation supplier shall be certified by one of the four following certifications:
(1) Certified Rehabilitation Counselor (CRC);
(2) Certified Insurance Rehabilitation Specialist (CIRS);
(3) Association of Rehabilitation Nurses (ARN); or
(4) Work Adjustment and Vocational Evaluation Specialist (WAVES)

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and shall be registered with the State Board of Workers' Compensation. Failure to comply with this chapter or rules and regulations of the board may result in the revocation of registration of the rehabilitation supplier by the board."
Section 4. Said chapter is further amended by striking in its entirety Code Section 34-9-205, relating to approval of physicians' fees and hospital charges by the State Board of Workers' Compensation, and inserting in lieu thereof a new Code Section 34-9-205 to read as follows:
"34-9-205. (a) Fees of physicians and charges of hospitals and other services under this chapter shall be subject to the approval of the State Board of Workers' Compensation. No physician, hospital, or other provider of services shall be entitled to collect any fee unless reports re quired by the board have been made.
(b) Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services pro vided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment. The board may require recommendations from a panel of appropriate peers of the physi cian or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were rea sonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations."
Section 5. Said chapter is further amended by striking in its entirety Code Section 34-9-261, relating to compensation for total disability, and in serting in lieu thereof a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $170.00 per week nor less than $25.00 per week, ex cept that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. Benefits under this Code section shall be payable to the employee until age 65 or for a pe riod of 400 weeks from the date of injury, whichever is longer.
(b) With respect to injury or death resulting from an accident oc curring on or after July 1, 1986, the maximum weekly benefit shall be $185.00. With respect to injury or death resulting from an accident oc curring on or after July 1, 1987, the maximum weekly benefit shall be $200.00. The minimum amount of compensation and the limitations pro vided in subsection (a) of this Code section shall apply to benefits under this subsection."
Section 6. Said chapter is further amended by striking in its entirety Code Section 34-9-262, relating to compensation for temporary partial disa bility, and inserting in lieu thereof a new Code Section 34-9-262 to read as follows:

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"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in charac ter but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than an amount equal to two-thirds of the benefit provided in Code Section 34-9-261 for a period of time not to exceed 350 weeks from the date the employee returns to work. The amount of any benefits due under this Code section may be rounded to the next greater whole number."

Section 7. Said chapter is further amended by striking subsections (c), (d), (e), (0, and (g) of Code Section 34-9-263, relating to compensation for permanent partial disability, and inserting in lieu thereof the following:

"(c) Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:

Bodily Loss

Maximum Weeks

(1) Arm ........................ ........................... 225

(2) Leg ........................ ........................... 225

(3) Hand ....................... ........................... 160

(4) Foot ........................ ........................... 135

(5) Thumb .................... ........................... 60

(6) Index finger .................. ........................... 40

(7) Middle finger ................ ........................... 35

(8) Ring finger .................. ........................... 30

(9) Little finger ................. ........................... 25

HO) Great toe ................... ........................... 30

(11) Any toe other than the great toe ........................... 20

(12) Loss of hearing, traumatic

One ear ................................................ 75

Both ears ............................................... 150

(13) Loss of vision of one eye.................................. 150

(14) Disability to the body

as a whole .............................................. 300

(d) Loss of distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit.

(e) Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic
device can be affixed.

(f) For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of pay-

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ments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks.
(g) Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261."
Section 8. Said chapter is further amended by striking in its entirety Code Section 34-9-265, relating to liability for compensation for death re sulting from causes other than injury and payment of compensation for death resulting from injury, and inserting in lieu thereof a new Code Section 34-9-265 to read as follows:
"34-9-265. (a) When an employee is entitled to compensation under this chapter for an injury received and death ensues from any cause not resulting from the injury for which he was entitled to compen sation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate.
(b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows:
(1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial ex penses not to exceed $3,000.00. If the employee leaves no dependents, this shall be the only compensation;
(2) The employer shall pay the dependents of the deceased em ployee, which dependents are wholly dependent on his earnings for sup port at the time of the injury, a weekly compensation equal to the com pensation which is provided for in Code Section 34-9-261 for total incapacity;
(3) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly com pensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount con tributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury;
(4) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments.
(c) The compensation provided for in this Code section shall be pay able only to dependents and only during dependency.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Tysinger Walker

Those voting in the negative were Senators Timmons and Turner.

Those not voting were Senators:

Bond Bowen

Coleman (excused) Fincher

Howard Tolleson

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Dean of the 31st moved that SB 160 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 160 was immediately transmitted to the House.

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SB 161. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to payment of workers' compensation, so as to provide that the board shall be authorized to order the employer or insurance carrier to repay the group insurance company or other health insurance carrier the funds it has expended for the claimant's medical treatment; to provide procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Bond Bowen Brannon

Coleman (excused) Fincher

Harrison Tysinger

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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Senator Dawkins of the 45th moved that SB 161 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 161 was immediately transmitted to the House.
SB 162. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill 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 automatic dis missal of applications for hearings if no hearing is scheduled for a period of five years; to provide for applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon

Broun of 46th Coleman (excused) Fincher

Hudgins McGill

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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Senator Dawkins of the 45th moved that SB 162 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 162 was immediately transmitted to the House.

SB 163. By Senators Dawkins of the 45th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Code Section 34-9-221 of the Official Code of Georgia Annotated, relating to the timing of payment of workers' compensation income benefits, so as to change the time for payment of benefits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen

Brannon Coleman (excused)

English

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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Senator Dawkins of the 45th moved that SB 163 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 163 was immediately transmitted to the House.

HB 90. By Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, re lating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses.
Senate Sponsors: Senators Barnes of the 33rd and Greene of the 26th.
The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend HB 90 by striking from lines 3 and 4 of Page 5 the following: "which is customarily open to the public".
By striking from lines 25 and 26 of Page 5 the following: "which is customarily open to the public".
By striking from lines 11 and 12 of Page 6 the following: "which is customarily open to the public".
By striking lines 17 and 18 of Page 24 in their entirety and inserting in lieu thereof the following:
"elsewhere throughout the state; and". By striking lines 22 and 23 of Page 24 in their entirety and inserting in lieu thereof the following:
"throughout the state.'"
Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following substitute to HB 90:
A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that per sons under 21 years of age shall be issued a distinctive driver's license; to

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delete certain provisions relating to conditional drivers' licenses for minors; to provide that the provisions relating to chemical tests for alcohol and drugs shall apply anywhere within the state; to provide for and specify the time period within which previous offenses shall be considered for determining criminal punishment and administrative sanctions for violations of certain serious traffic offenses; to provide that the five-year period of time which must elapse between the time a revoked license of a habitual violator is sur rendered or received by the department and the time such person may apply for a new driver's license shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; to provide for the revocation of probationary drivers' licenses; to provide that in certain situations pleas of nolo contendere by persons under 18 years of age shall constitute convictions; to pro vide for the suspension of the drivers' licenses of persons who commit serious traffic offenses and against whom points are assessed and to provide the con ditions which shall be met prior to the reinstatement of such licenses; to change the tuition charged to attend defensive driving courses; to authorize persons who are convicted of certain offenses to have their licenses rein stated upon completion of alcohol or drug courses; to change the driver's license restoration fee set forth in this article to conform to the driver's li cense restoration fee set elsewhere in this chapter; to authorize the commis sioner to impose a civil fine on driver improvement clinics which violate pro visions of laws and rules and regulations applicable to such clinics; to provide procedures relative thereto; to provide that the provisions relating to the duty of drivers to stop and return to the scene of accidents, the duty upon striking an unattended vehicle, and the duty upon striking a fixture shall apply upon the highways of this state and at certain other specified locations; to change the penalties for persons convicted of failing to stop and return to the scene of accidents and eluding police officers and to authorize certain courts to impose such penalties regardless of charter limitations; to change the definition of serious injury by vehicle; to provide that pleas of nolo contendere shall constitute convictions for the purpose of imposing cer tain sentences; to authorize certain individuals who are probation officers or other officials or employees of the probation division of the Department of Offender Rehabilitation and the spouses of such individuals to continue, af ter June 1, 1985, to own, operate, instruct at, or be employed by driver improvement clinics; to authorize persons who are authorized or required to attend a driver improvement clinic or program to attend any certified driver improvement clinic or program and to prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from specifying a particular driver improvement clinic or program which such person may or shall attend; to provide for other matters relative to the fore going; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-26, relating to minors, and inserting in lieu thereof a new Code Section 40-5-26 to read as follows:

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"40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a per son authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other appli cants. After having attained 21 years of age, the holder of any such dis tinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses."
Section 2. Said title is further amended by striking Code Section 40-555, relating to implied consent to certain tests, and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehi cle or who have a blood alcohol content of 0.12 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who oper ates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 406-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(b) Any person who is dead, unconscious, or otherwise in a condi tion rendering him incapable of refusal shall be deemed not to have with drawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) If a person under arrest refuses, upon the request of a law en forcement officer, to submit to a chemical test designated by the law en forcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn re port of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this

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Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter.
(d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended.
(e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Pro cedure Act'; while such appeal is pending, the order of the department shall not be stayed."
Section 3. Said title is further amended by striking subparagraph (c)(l)(B) of Code Section 40-5-57, relating to suspension and revocation of licenses, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The commissioner shall suspend the driver's license of any per son who has accumulated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most cur rent arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points."
Section 4. Said title is further amended by adding between Code Sec tion 40-5-57 and Code Section 40-5-58 a new Code Section 40-5-57.1 to read as follows:
"40-5-57.1. (a) Any person who has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of sus pension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a convic tion is obtained, the period of suspension shall be three years, provided

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that at any time after 90 days of suspension, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his li cense shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62.
(b) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the de partment, or from the date a license is surrendered to a court under any provision of this chapter, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossi bility is accepted by the department.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the de partment may require such tests of driving skill and knowledge as it de termines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $25.00 for the return of his license.
(d) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insur ance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall be come immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and man ner by which present and future minimum motor vehicle insurance cover age shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver."
Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) As used in this Code section, 'habitual violator' means any per son who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were ob tained to the date of the most recent arrest for which a conviction was obtained, of:

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(A) Voluntary or involuntary manslaughter resulting from the oper ation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395;
(D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially con forming to or paralleling the law of this state;
(E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to elude a police officer;
(H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used;
(1) Failure to stop and disclose his identity at the scene of the acci dent on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or
(J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or
(2) Fifteen or more times within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were ob tained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance substan tially conforming to or paralleling a similar law of Georgia, which of fenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license.
(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense oc-

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curring on or after January 1, 1976, which record of arrest and convic tion, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of deter mination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice."
Section 6. Said title is further amended by striking subparagraph (e)(6)(B) of Code Section 40-5-58, relating to revocations of licenses of ha bitual violators, and inserting in lieu thereof a new subparagraph to read as follows:
"(B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the con ditions endorsed on his license, shall have his license revoked by the de partment. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the depart ment within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is re voked for committing an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall not be eligible to apply for a regular driver's li cense until the expiration of the original five-year suspension period dur ing which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, which reads as follows:
"(a) Any person who is convicted of an offense listed in Code Sec tion 40-5-54 or has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall, except as provided in subsection (f) of this Code section, have his license sus pended as follows:
(1) Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license;

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(2) For a second conviction of any such offense or assessment of the requisite points within five years, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points or third conviction of any such offense within five years, such person shall be considered a ha bitual violator, and his license shall be revoked as provided for in para graph (1) of subsection (a) of Code Section 40-5-62. For the purposes of this paragraph, all accepted pleas of nolo contendere shall be considered convictions.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who is convicted of an offense listed in Code Sec tion 40-5-54 shall, except as provided in subsection (f) of this Code sec tion, have his license suspended as follows:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Prior to such reinstatement, the person shall have completed a course of instruction as provided for in subsection (a) of Code Section 40-5-84 and shall have complied with any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere by a person who is under 18 years of age at the time of arrest shall consti tute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convic tions were obtained to the date of the current arrest for which a convic tion is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Prior to such reinstate ment, the person shall have completed a course of instruction as provided for in subsection (b) of Code Section 40-5-84 and shall have completed any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his li cense shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period shall constitute a conviction."
Section 8. Said title is further amended by striking paragraph (1) of

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subsection (a) of Code Section 40-5-62, relating to periods of revocation of drivers' licenses, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) Except as provided in subparagraph (B) of this paragraph, five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been de clared a habitual violator under Code Section 40-5-58.
(B) Effective for all licenses revoked after July 1, 1980, the fiveyear period provided for in subparagraph (A) of this paragraph shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habit ual violator and the date the department receives such license from the court; or".
Section 9. Said title is further amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any contrary provisions of Code Section 40-557, 40-5-57.1, or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with Code Section 40-5-57.1 or paragraph (1) of subsection (a) of Code Section 405-63."
Section 10. Said title is further amended by striking subsection (b) of Code Section 40-5-70, relating to suspension of drivers' licenses for certain offenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows:
(A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an ap proved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo con tendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6391.1, the record of such disposition of the case to the Department of

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Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph;
(B) Upon the second conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved advanced alcohol or drug program from an approved driver improvement clinic and pays a restora tion fee of $25.00. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convic tions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; and
(C) Upon the third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convic tions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
(2) Notwithstanding the provisions of paragraph (1) of this subsec tion which provide for the early reinstatement of a person's driver's li cense, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63."
Section 11. Said title is further amended by striking subsection (a) of Code Section 40-5-71, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person convicted of violating Code Section 40-6-391 who has not previously been convicted of violating said Code section within the preceding five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, and who has not had his driver's license suspended under Code Section 40-5-72 may apply to the Department of Public Safety for a limited driving permit."
Section 12. Said title is further amended by striking Code Section 405-83, relating to driver improvement and alcohol or drug clinics, and in serting in lieu thereof a new Code Section 40-5-83 to read as follows:

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"40-5-83. The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defen sive driving course, a professional defensive driving course, a basic alco hol or drug course, an advanced alcohol or drug program, advanced pro fessional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall estab lish standards and requirements concerning the contents of courses, dura tion of courses, qualifications of instructors, fees, attendance require ments for students, and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an ad vanced alcohol or drug program. No approved clinic shall charge a fee of more than $40.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college."
Section 13. Said title is further amended by striking Code Section 405-84, relating to reinstatement of licenses, and inserting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the pay ment of a restoration fee of $25.00.
(b) The license of any person whose license is suspended for the sec ond time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the depart ment of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $25.00.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 405-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the pay ment of a restoration fee of $25.00.
(d) The license of any person whose license is suspended for the sec ond time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $25.00.

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Section 14. Said title is further amended by adding immediately fol lowing Code Section 40-5-87 a new Code Section 40-5-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commis sioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for con tested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely af fected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance there with and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and de termined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the commissioner with respect to any vio lation of this article or any order, rules, or regulations promulgated pur suant thereto."
Section 15. Said title is further amended by striking Code Section 406-3, relating to areas in which the uniform rules of the road apply, and inserting in lieu thereof a new Code Section 40-6-3 to read as follows:
"40-6-3. The provisions of this chapter relating to the operation of vehicles refer to the operation of vehicles upon highways except:
(1) Where a different place is specifically referred to in a given Code section;
(2) The provisions of this chapter shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although pri vately owned are customarily used by the public as through streets or connector streets;
(3) The provisions of this chapter relating to reckless driving, driv ing in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state; and
(4) The provisions of Code Sections 40-6-270, 40-6-272, and 40-6273 shall apply upon the highways of this state, in all parking areas, and

WEDNESDAY, FEBRUARY 20, 1985

1305

in all areas which are customarily open to the public and within 200 feet of all such highways, parking areas, and areas customarily open to the public."
Section 16. Said title is further amended by striking Code Section 406-270, relating to duty of drivers to stop and return to scene of accidents, and inserting in lieu thereof a new Code Section 40-6-270 to read as follows:
"40-6-270. (a) The driver of any vehicle involved in an accident re sulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possi ble and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled the require ments of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is ob tained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or impris oned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year pe riod of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo con tendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(c) If the payment of the fine required under subsection (b) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt pro ceeding or a revocation of any probation otherwise authorized by this Code section.
(d) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be au thorized to impose the punishments provided for in this Code section

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upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
Section 17. Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were ac cepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) A period of imprisonment of not less than ten days nor more than one year, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo con tendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A period of imprisonment of not less than 90 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph (2).
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 30 hours of community service; and
(3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convic tions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of $ 1,000.00, which fine shall not, except as provided in

WEDNESDAY, FEBRUARY 20, 1985

1307

subsection (g) of this Code section, be subject to suspension, stay, or pro bation; and
(B) (i) A mandatory period of imprisonment of not less than 120 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph.
(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service.
(4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction."
Section 18. Said title is further amended by striking Code Section 406-394, relating to serious injury by vehicle, and inserting in lieu thereof a new Code Section 40-6-394 to read as follows:
"40-6-394. Whoever, without malice, shall cause bodily harm to an other by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any mem ber thereof useless through the violation of Code Section 40-6-391, relat ing to drivers with ability impaired by alcohol or drugs, shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by impris onment for not less than one year nor more than five years."
Section 19. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-395, relating to eluding police officers, which read as follows:
"(a) Any driver of a vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursu ing police vehicle when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
(b) Any person who flees or attempts to elude a police officer shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun ished as for a misdemeanor.",
and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his vehicle to a stop, or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible

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signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked snowing it to be an official police vehicle.
(b) (1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were ob tained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspen sion, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revoca tion of any probation otherwise authorized by this subsection.
(4) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection."
Section 20. Said title is further amended by adding between Code Sec tion 40-5-85 and Code Section 40-5-86 a new Code Section 40-5-85.1 and a new Code Section 40-5-85.2 to read as follows:
"40-5-85.1. Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Offender Rehabilitation or a spouse of such individual from owning, op erating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of

WEDNESDAY, FEBRUARY 20, 1985

1309

the probation division of the Department of Offender Rehabilitation or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and af ter June 1, 1985, to engage in such activities.
40-5-85.2. Whenever any person is authorized or required to attend a driver improvement clinic or program as a condition of any sentence imposed under this title or any ordinance enacted pursuant thereto or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other of ficer or employee of a court shall specify directly or indirectly a particu lar driver improvement clinic or program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs."
Section 21. (a) Except as provided in subsection (b) of this section, this Act shall become effective September 1, 1985.
(b) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 22. All laws and parts of laws in conflict with this Act are repealed.
Senator Coverdell of the 40th offered the following amendment:

Amend the substitute to HB 90 offered by Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th by adding on Page 1, line 29 after the following:
"licenses;"
the following:
"to change certain provisions relative to the temporary driving per mit issued when a driver's license is taken upon being charged with driv ing under the influence; to require an alcohol and drug abuse assessment as a condition of receiving certain suspensions, stays, or probation of por tions of the criminal penalty imposed for a second or third conviction of driving under the influence of alcohol or drugs; to authorize the court to require participation in an appropriate alcohol and drug abuse treatment program as a condition of receiving certain suspensions, stays, or proba tion of portions of the criminal penalty imposed for a second or third conviction of driving under the influence of alcohol or drugs; to provide a maximum cost for such assessments;".

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By redesignating Section 10 through Section 17 as Section 11 through Section 18, respectively, and by redesignating Section 19 through Section 22 as Section 21 through Section 24, respectively.
By adding between line 16 and line 17 of Page 17 the following:
"Section 10. Said title is further amended by striking subsection (b) of Code Section 40-5-69, relating to taking of drivers' licenses of persons charged with driving under the influence, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) At the time the law enforcement officer takes the driver's li cense, he shall issue a temporary driving permit to the person. This tem porary driving permit shall be valid until the person's driving privilege is suspended or revoked under any provision of this title.' "
By striking line 14 through line 24 of Page 28 and inserting in lieu thereof the following:
"(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that the conditions of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service and that the defendant shall complete an alcohol and drug abuse assessment which is designed to de termine whether a person may be an alcoholic or drug dependent individ ual or may be an alcohol or drug abuser as defined in Code Section 37-71 and which is provided by an alcohol and drug assessment program op erated, funded, or licensed by the Department of Human Resources; by addiction counselors certified by the Georgia Addiction Counselors' Asso ciation; or by licensed psychologists, psychiatrists, or physicians and may be that the defendant participate in an appropriate alcohol and drug abuse treatment program; and".
By striking line 9 through line 19 of Page 29 and inserting in lieu thereof the following:
"(ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that the conditions of the suspension, stay, or probation of the minimum tenday term of imprisonment shall be that the defendant shall perform not less than 30 days of community service and that the defendant shall com plete an alcohol and drug abuse assessment which is designed to deter mine whether a person may be an alcoholic or drug dependent individual or may be an alcohol or drug abuser as defined in Code Section 37-7-1 and which is provided by an alcohol and drug assessment program oper ated, funded, or licensed by the Department of Human Resources; by addiction counselors certified by the Georgia Addiction Counselors' Asso ciation; or by licensed psychologists, psychiatrists, or physicians and may be that the defendant participate in an appropriate alcohol and drug abuse treatment program."

WEDNESDAY, FEBRUARY 20, 1985

1311

By adding between line 22 and line 23 of Page 29 the following:
"Section 19. Said title is further amended by adding at the end of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, a new subsection (h) to read as follows:
'(h) No alcohol and drug abuse assessment authorized under divi sion (c)(2)(B)(ii) and division (c)(2)(B)(iii) of this Code section shall cost more than $45.00.' "
By striking from line 23 of Page 29 the following: "18",
and inserting in lieu thereof the following: "20".

Senator Coverdell of the 40th asked unanimous consent to withdraw his amend ment to the substitute to HB 90 offered by Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th; the consent was granted, and the amendment offered by Senator Coverdell of the 40th was withdrawn.

On the adoption of the amendment offered by the Senate Committee on Judiciary and Constitutional Law, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute to HB 90 offered by Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Cobb Coverdell Dawkins Deal Dean
English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway HHoowrtoanrd
Hudgins Huggins Kennedy Kidd Land
Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th g. ,,Stumb, augh,
late Timmons Tolleson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Bond

Bowen

Coleman (excused)

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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 local resolution of the Senate was taken up for the purpose of con sidering the House amendment thereto:

SR 52. By Senators Coleman of the 1st, Bryant of the 3rd and Scott of the 2nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savan nah an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improve ment, and replacement of utilities and sewerage and drainage systems improvements to be built over, under, across, or through such stateowned property.

The House amendment was as follows:

Amend SR 52 by adding on Page 2, line 3, after the word "Resolved", the following:
"AND ENACTED".

Senator Scott of the 2nd moved that the Senate agree to the House amendment to SR 52.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Ailgood Baldwin Barnes Brannon
oBrroawntnleyoff 4,,7thu BBuryrtaonnt
Cobb Coverdell Deal Dean English Engram Fincher

Foster Gillis Greene Harris Harrison
oHo'Ilfloway HHuodrtgoinns
Huggins Kennedy Kidd Land Langford McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd
SSctaortrt of 36th Sct. umb, augh,
iate Timmons Tolleson Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 20, 1985

1313

Those not voting were Senators:

Barker Bond Bowen

Broun of 46th Coleman (excused) Dawkins

Garner Howard McKenzie

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 52.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 135. By Senator Hudgins of the 15th:
A bill to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehi cles to persons evidencing ownership of such vehicles through certificates of title, tag receipts, bills of sale, or other such evidence.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Bowen Brannon

Coleman (excused) English Howard

Kennedy (presiding) Tolleson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 208.

By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to provide that any heir, beneficiary, or creditor of a decedent may offer evidence to the court regarding the appraisement and valuation of certain real or personal property of a decedent.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend SB 208 by inserting "additional" between "offer" and "evi dence" on line 4 of Page 2.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Howard Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 20, 1985

1315

Those not voting were Senators:

Bowen Brannon Coleman (excused) Coverdell

Dawkins Hine Horton Hudgins

Kennedy (presiding) Stumbaugh 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.

SB 211. By Senators Greene of the 26th and Peevy of the 48th:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond Brannon
nBroun %of Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

Engram Fincher Foster Gillis Greene
Harris Harrison Hine
Horton Howard Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray
Reddish Scott of 2nd
S,,.cott of 36th ^tarr . Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Coleman (excused) English

Garner Kennedy (presiding)

McKenzie Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 558.

By Representatives Redding of the 50th, Bishop of the 94th, Dixon of the 151st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, gen erally, so as to require counties and municipalities to notify the Depart ment of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law or local ordinance, relating to the sale of alcoholic beverages to underage persons.
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:

Albert Allgood Baldwin Barker
Bond Brannon ^ . Broun of 46th Brown of 47th B0ubrtbon
Coverdell rj ea ] Dean English Engram Fincher Foster

Garner Gillis Greene Harris
Harrison Hine Holloway Rorton THIoward,
Hud 8 ins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th Starr <S_,t, umb, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

WEDNESDAY, FEBRUARY 20, 1985

1317

Those not voting were Senators:

Barnes Bowen Brantley

Bryant Coleman (excused)

Dawkins Kennedy (presiding)

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 20. By Representatives Hooks of the 116th and Walker of the 115th:
A resolution authorizing and directing the Department of Natural Re sources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh.
Senate Sponsor: Senator McKenzie of the 14th.

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:

Albert Allgood Baldwin Barker Barnes
Bg rannd" on
oBBrrroowunn oyofrf A4467t^thh Bryant Burton C0bb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
GGirleliesne
H.".aarr.rnisson Hinc Holloway Horton Howard Huggins Kidd Land

Langford McGill McKenzie peevy Perry
PRhaiyllips
5S,,ccoott..tt ooff., 32,,n6.dt,h Starr Tate Timmons Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Coleman (excused) Hudgins

Kennedy (presiding) Reddish

Stumbaugh Trulock

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 111.

By Representatives Colwell of the 4th and Johnson of the 72nd:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with South ern Railway Company concerning certain state owned real property lo cated in Chattanooga, Tennessee.
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:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Coleman (excused) English

Hudgins Kennedy (presiding)

Starr Walker

WEDNESDAY, FEBRUARY 20, 1985

1319

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Baldwin of the 29th introduced the doctor of the day, Dr. Julian Duttera, of LaGrange, Georgia.

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 404.

By Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th and others:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to tax collectors, so as to pro vide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due.

Senate Sponsor: Senator Harrison of the 37th.

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 404:

A BILL
To be entitled an Act to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collec tors, so as to provide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due; to provide that tax collectors shall not be re quired to return checks or money orders to the taxpayers which do not strictly conform to the instructions of the tax collector; to amend Code Sec tion 40-2-27 of the Official Code of Georgia Annotated, relating to license fees for motor vehicles, so as to authorize license fee payment by check and to provide that certain temporary permits to operate motor vehicles must show the office of the commissioner or the office of the county tag agent as payee; 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 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by adding after Code Section 48-5-164, relating to the duties of a successor tax collec-

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tor or tax commissioner as to performing uncompleted duties of the outgoing collector or commissioner, a new Code Section 48-5-165 to read as follows:
"48-5-165. It shall be the duty of each tax collector, whether acting on behalf of the county, municipality, board of education, or as an agent of the state, to instruct the taxpayers that any check, money order, or other similar bankable paper for the payment of taxes shall be made pay able to the county tax office to which the taxes are due, rather than to the tax collector. The tax collector shall not be required, however, to re turn to the taxpayer a check or money order for the payment of taxes that is not made payable to the taxing entity in strict conformity with the instructions."
Section 2. Code Section 40-2-27 of the Official Code of Georgia Anno tated, relating to license fees for motor vehicles, is amended by striking said Code section and inserting in lieu thereof a new Code Section 40-2-27 to read as follows:
"40-2-27. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer and show ing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and regis tered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance."
Section 3. This Act shall become effective January 1, 1986.
Section 4. 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:

Albert Allgood Baldwin Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th Bryant Burton

Cobb Coverdell Dawkins Deal Dean Engram

WEDNESDAY, FEBRUARY 20, 1985

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Fincher Foster Garner Gillis Greene Harris Harrison Mine Horton Howard

Hudgins Huggins Kidd Land Langford McGill Peevy Perry Phillips Ray

Reddish Scott of 2nd Scott of 36th Stumbaugh
T1 oalfCp
Timmons Tolleson Trulock Turner

Those not voting were Senators:

Brown of 47th Coleman (excused) English

Holloway Kennedy (presiding) McKenzie

Starr 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.

HR 153.

By Representatives Godbee of the 110th and Bargeron of the 108th: A resolution declaring the farmer to be an endangered species; urging the United States Congress to take action.
Senate Sponsors: Senators English of the 21st and Trulock of the 10th.

The Senate Committee on Agriculture offered the following amendment:

Amend HR 153 by adding following line 2 of Page 2 the following:
"BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation."

On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.

Senator Gillis of the 20th offered the following amendment:

Amend HR 153 by striking on Page 1, lines 10 through 13 in their entirety;

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and by striking on Page 1, line 14, the following: "BE IT FURTHER RESOLVED",
and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Trulock of the 10th offered the following amendment:

Amend HR 153 by adding on line 1, between the words "declaring" and "the" the following:
"that";
and By adding between the word "farmer" and "to" the following: "appears";
and By striking on Page 1, line 8, the following: "virtually assures";
and By inserting in lieu thereof the following: "could possibly lead toward".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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:

WEDNESDAY, FEBRUARY 20, 1985

1323

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused) Dawkins Howard

Kennedy (presiding) McKenzie

Scott of 2nd Walker

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 340.

By Representatives Kilgore of the 42nd and Williams of the 6th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensa tion in addition to any other compensation.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Horton Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Coleman (excused) Greene

Howard Kennedy (presiding)

McKenzie Scott of 2nd

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 379.

By Representatives Lawler and Burruss of the 20th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, munici pal elections, nonpartisan municipal primaries, and special elections in municipalities.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Stumbaugh of the 55th offered the following substitute to HB 379:

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 the incumbency of a candidate seeking election for the public office he then holds shall not be indicated on ballots and ballot labels in primaries; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1985

1325

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (c) of Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secre tary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. Under the title of each office shall be placed a direc tion as to the number of candidates to be voted for."
Section 2. Said title is further amended by striking in its entirety Code Section 21-2-284.1, relating to form of ballot for nonpartisan primary for judicial offices, and inserting in lieu thereof a new Code Section 21-2-284.1 to read as follows:
"21-2-284.1. The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be sep arated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in promi nent type the words 'OFFICIAL NONPARTISAN PRIMARY BAL LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (v^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical or der. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all po litical party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan pri mary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superin tendent in essentially the same format prescribed for nonpartisan prima ries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of

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votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office."
Section 3. Said title is further amended by striking in its entirety sub section (c) of Code Section 21-3-185, relating to form of official primary election ballot in municipal elections, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Immediately under the directions, the names of all candidates who have qualified in accordance with the rules of the party, except un opposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot, shall be printed on the ballots; and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and shall be printed thereunder in alphabetical order. Under the title of each office shall be placed a direction as to the number of candidates to be voted for."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, 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:

Albert Baldwin Barker
BBorraannndntloeny Burton Coverdell Dawkins

Deal Engram Garner
Greene Harnson Hine Holloway Horton

Howard Land Langford
SP,, htuilmlipbJ_saugh Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Dean English

Fincher Gillis Harris Hudgins Huggins Kidd McGill McKenzie Peevy

Perry Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Walker

WEDNESDAY, FEBRUARY 20, 1985

1327

Those not voting were Senators:

Coleman (excused) Foster

Kennedy (presiding)

Turner

On the adoption of the substitute, the yeas were 25, nays 27, and the substitute was lost.

Senator Trulock of the 10th moved that the Senate reconsider its action in defeat ing the substitute to HB 379 offered by Senator Stumbaugh of the 55th.

On the motion, the yeas were 24, nays 14; the motion prevailed, and the substitute to HB 379 offered by Senator Stumbaugh of the 55th was reconsidered.

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:

Albert Baldwin Barker Bond Brannon Brantley Burton Coverdell Dawkins

Deal Dean Engram Garner Greene Harrison Hine Holloway Horton

Howard Land Langford Perry Phillips Stumbaugh Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb English Fincher

Gillis Harris Hudgins Huggins Kidd McGill McKenzie Peevy

Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Walker

Those not voting were Senators:

Coleman (excused) Foster

Kennedy (presiding)

Turner

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On the adoption of the substitute, the yeas were 27, nays 25, and the substitute was adopted.

Senator Hudgins of the 15th moved that HB 379 be committed to the Senate Committee on Governmental Operations.

On the motion, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Dean English Fincher Foster Garner

Gillis Greene Harris Holloway Horton Hudgins Huggins Kidd Langford McGill McKenzie

Peevy Perry Ray Scott of 2nd Scott of 36th Starr Tate Timmons Trulock Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Bond Brannon Brantley

Burton Coverdell Dawkins Deal Engram Harrison

Hine Howard Land Phillips Stumbaugh Tolleson

Those not voting were Senators:

Coleman (excused) Kennedy (presiding)

Reddish

Turner

On the motion, the yeas were 34, nays 18; the motion prevailed, and HB 379 was committed to the Senate Committee on Governmental Operations.

HB 488.

By Representatives Bishop of the 94th and Dixon of the 151st:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relat ing to alcoholic beverages, so as to clarify what shall be declared as con-

WEDNESDAY, FEBRUARY 20, 1985

1329

traband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue requirements.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal

English Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Voting in the negative was Senator Bryant.

Those not voting were Senators:

Coleman (excused) Dean Fincher

Holloway Kennedy (presiding)

Reddish Turner

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

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HB 94. By Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd and others:
A bill 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 extend the time period during which the sale of solar energy equipment is exempt.
Senate Sponsor: Senator Trulock of the 10th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman, Ways

and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director O.P.B.

DATE:

January 22, 1985

SUBJECT: Fiscal Note--House Bill 94 (LC 6 5425-EC) Refund of Sales Tax on Solar Energy Equipment

This Bill would extend the expiration date of the provision of current law authorizing a refund of the sales tax paid on purchases of machines or equipment used directly in the conversion of solar energy for heating, cool ing, drying, or water heating. The expiration date of the provision would be extended from July 1, 1986 to July 1, 1990.

The number of claims for refunds of the sales tax paid on purchases of solar energy equipment that would be filed after July 1, 1986 and the resul tant cost of this Bill cannot be accurately determined. Data obtained from the Department of Revenue indicates that there were 198 refund claims to talling $36,409 that were paid during the period November, 1977 through January 15, 1985, with 61 claims still outstanding. Assuming that these 61 claims are paid at a cost equal to the average cost of the other 198 claims, the total dollar amount would be $47,633. This amounts to an average cost of $6,600 per year.

/s/ C. T. Stevens, Director

/s/ W. M. Nixon

Office of Planning and Budget State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 20, 1985

1331

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bond
Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant
Burton Cobb Coverdell Dawkins

Deal Dean English Engram Foster Gillis Greene Harris Harrison Hine Horton Howard Huggins Kidd McGill

McKenzie Peevy Perry Phillips
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Coleman (excused) Fincher
Garner Holloway

Hudgins Kennedy (presiding) Land

Langford Reddish Turner

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 370.

By Representative Robinson of the 58th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa.
Senate Sponsor: Senator Horton of the 17th.

The Senate Committee on Consumer Affairs offered the following substitute to HB 370:

A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclu-

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sions from the definition of a health spa; to provide that a contract which has a term in excess of 36 months shall not be valid under certain circum stances; to change the amounts of certain required bonds; to provide certain exemptions from bonding for health spas; to provide for forms for the sub mission of certain required information; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," is amended by striking paragraph (6) of subsection (a) of Code Section 10-1-392, relating to definitions regarding fair business practices, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization;
(B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or
(C) Any such establishment operated by a health care facility, hos pital, intermediate care facility, or skilled nursing care facility."
Section 2. Said part is further amended by striking subsection (b) of Code Section 10-1-393, relating to certain unfair or deceptive acts or prac tices, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful:
(1) Passing off goods or services as those of another;
(2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) Causing actual confusion or actual misunderstanding as to affili ation, connection, or association with or certification by another;
(4) Using deceptive representations or designations of geographic origin in connection with goods or services;
(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

WEDNESDAY, FEBRUARY 20, 1985

1333

(6) Representing that goods are original or new if they are deterio rated, reconditioned, reclaimed, used, or secondhand;
(7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;
(8) Disparaging goods, services, or business of another by false or misleading representation;
(9) Advertising goods or services with intent not to sell them as advertised;
(10) Advertising goods or services with intent not to supply reasona bly expectable public demand, unless the advertisement discloses a limi tation of quantity;
(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions;
(12) Failing to comply with the following provisions concerning health spas:
(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which has a term in excess of 36 months. Contracts shall be renewable at the end of each 36 month period of time, at the option of both parties to the contract;
(B) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services;
(C) The contract shall state clearly on its face the cancellation and refund policies of the seller;
(D) The health spa member has the right to cancel the contract within three business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice by certified or registered mail to the seller or hand delivering the notice to the seller with return receipt before 12:00 Midnight of the third business day after the date of the contract. The notice must be accompa nied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the con tract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the mem ber shall be liable for the fair market value of services actually received, which in no event shall exceed $25.00. The preparation of any documents shall not be construed to be services;
(E) If a health spa member executes a contract and pays moneys before a spa facility is fully operational and available for use and if such

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spa facility is not fully operational and available for use within 60 days from the date of the contract, then such member shall have until three business days after the spa facility is fully operational and available for use to cancel the contract and receive a refund of any payments made the seller, provided that the buyer shall be liable for the fair market value of the services actually received, which in no event shall exceed $25.00. The preparation of documents shall not be construed to be ser vices. Such notice must be in writing and either mailed by certified or registered mail to the seller or hand delivered to the seller with a return receipt within said period of time. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer;
(F) Every contract for health spa services shall contain a clause pro viding that, if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. 'Total and permanent disabil ity' means such disability as would prevent the member from using any of the health spa facilities;
(G) The health spa contract should state that, if a consumer has a history of heart disease, he should consult a physician before joining a spa;
(H) Every health spa:
(i) Shall maintain a bond issued by a surety company admitted to do business in the state. The principal sum of the bond shall be according to the following schedule: One to three locations--$20,000.00; four to six locations--$40,000.00; seven to nine locations--$60,000.00; ten to 12 lo cations--$80,000.00; and 13 or more locations--$100,00.00. For pur poses of this division, the term 'location' shall include health spa facilities controlled by, under common control with, or which control other health spa corporations. The bond shall be obtained before any contracts for health spa services are sold. The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of this part. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided in this division shall in no event exceed the amount of the bond. After July 1, 1984, proof of such bond shall be furnished to the administrator prior to selling any contracts for health spa services. Thereafter, no contract for health spa services shall be sold unless proof of a current bond is on file with the administrator or the health spa is currently meeting the requirements of division (ii) or of division (iii) of this subparagraph. All bonds, letters of credit as de scribed in division (ii) of this subparagraph, or exemptions as described in division (iii) of this subparagraph shall be effective for a period ending on June 30 of each year. Any health spa which wishes to request an exemption from the requirements of this division or division (ii) of this subparagraph must submit a written request at least 90 days prior to July 1 of the year in which it desires the exemption;

WEDNESDAY, FEBRUARY 20, 1985

1335

(ii) In lieu of furnishing the administrator with proof of the bond required in division (i) of this subparagraph, may furnish the administra tor with a certified copy of an irrevocable letter of credit from a banking institution licensed to do business in this state in an amount equal to the amount of the appropriate bond set forth in division (i) of this subpara graph. Such letter of credit shall be in favor of the state for the benefit of any person injured as a result of a violation of this part; or
(iii) In lieu of furnishing the administrator with proof of the bond in division (i) of this subparagraph or with the irrevocable letter of credit in division (ii) of this subparagraph, may furnish to the administrator a re quest that it be exempt from the provisions of division (i) or (ii) of this subparagraph, including documentation to establish such sufficient finan cial responsibility as would enable the health spa to satisfy possible claims in an amount equal to the amount that otherwise would have been required in the bond. In the event the health spa is controlled by, under common control with, or controls other corporations, and the health spa or such other corporations agree in writing to satisfy the claims in an amount equal to the amount that otherwise would have been required in the bond, then the financial responsibility of the health spa and of such other corporations may be considered by the administrator in determin ing whether to grant the request of the health spa. It shall be within the discretion of the administrator to determine what criteria, if any, meet the requirements of this subparagraph. It shall not be an abuse of discre tion for the administrator to determine that a health spa or spas cannot adequately assure protection for consumers equal to that contained in the bond or in the irrevocable letter of credit;
(iv) A health spa shall be excluded from the provisions of this subparagraph requiring a bond or an irrevocable letter of credit if all pay ments for which the consumer is obligated at any one time, including, but not limited to, down payments, enrollment fees, membership fees, or any other direct payments to the health spa do not exceed $100.00 and if the term of the contract, including but not limited to any complimentary, compensatory, or other extensions of the term incident to the contract, does not exceed three months;
(v) A health spa shall also be excluded from the provisions of this subparagraph requiring a bond or an irrevocable letter of credit if it meets all of the following requirements:
(I) The written contract used contains the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases opera tion and fails to offer an alternate location within 15 miles.';
(II) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract;
(III) There can be no payments of any type, including but not lim ited to down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the monthly installment payments; and

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(IV) There are no complimentary, compensatory, or other exten sions of the term incident to the term of the contract;
(vi) The administrator is authorized to prescribe forms for the sub mission of information by health spas for the purpose of determining compliance with this subparagraph. Any material misrepresentation or failure to disclose material information on forms prescribed by the ad ministrator shall constitute a misdemeanor;
(I) In addition to any other penalties provided for in this part, any health spa operator violating the provisions of subparagraph (H) of this paragraph shall be guilty of a misdemeanor;
(J) Every contract for health spa services shall contain a clause pro viding that, if the member dies during the membership term or any re newal term, his estate may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the contract price for the appropriate term by the number of weeks of the term and multiplying the result by the number of weeks expired in the term. The contract may require the member's estate seeking relief under this subparagraph to provide rea sonable proof of death; and
(K) All moneys due the consumer under contracts canceled for the reasons contained in this paragraph shall be refunded within 30 days of receipt of such notice of cancellation;
(13) Failure to comply with the following provisions concerning ca reer consulting firms:
(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm;
(B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following:
The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.'
The statement shall be signed by both the consumer and the author ized representative of the seller;
(C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A ca reer consulting firm does not guarantee actual job placement as one of its services.';
(14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his legal representative, not later than six business days after the date of such discharge, an itemized state-

WEDNESDAY, FEBRUARY 20, 1985

1337

ment of all charges for which the patient or third-party payor is being billed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bo wen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Coleman (excused) Garner

Harrison Holloway

Kennedy (presiding) Turner

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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HB 413.

By Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the levy and collection of a tax on alcoholic beverages in DeKalb County and municipalities therein and the allocation of the proceeds of said tax for educational purposes.

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 Baldwin Barker
Barnes Bond
Bowen Brannon Brantley
Broun of 46th Brown of 47th
Bryant Burton Cobb
Coverdell Dawkins Deal Dean

English Engram Fincher
Foster Garner
Gillis Greene Harris
Hine Holloway Horton
Howard Hudgins Huggins
Kidd
Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Albert Coleman (excused)

Harrison Kennedy (presiding)

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1985

1339

HR 90. By Representative Royal of the 144th: A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
Senate Sponsor: Senator Timmons of the llth.

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

English Engram Fincher Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Coleman (excused) Dawkins Foster

Harrison Huggins

Kennedy (presiding) Turner

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 371.

By Representative Robinson of the 58th:
A bill to amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, viola tions which constitute an unfair or deceptive act, and penalties for viola-

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tions, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator.
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 Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Albert Brantley Cobb

Coleman (excused) Garner Howard

Kennedy (presiding) Turner

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HR 100.

By Representatives Phillips of the 102nd and Murphy of the 18th: A resolution designating "Garden Week" in Georgia.
Senate Sponsor: Senator Gillis of the 20th.

WEDNESDAY, FEBRUARY 20, 1985

1341

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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) Coverdell

Dawkins Garner McKenzie

Trulock Turner

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 190.

By Representatives Sizemore of the 136th, Bray of the 91st, Benefield of the 72nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, re lating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose of taking applications for registration and registering qualified applicants as electors.

Senate Sponsor: Senator Kidd of the 25th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Barker Coleman (excused)

Garner Starr

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 229. By Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th 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 of ficials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly.
Senate Sponsor: Senator Kennedy of the 4th.

WEDNESDAY, FEBRUARY 20, 1985

1343

The Senate Committee on Appropriations offered the following substitute to HB 229:

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 provisions relating to the daily expense allowance and reimbursable expenses for members 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. 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 the first undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new first undesig nated paragraph of paragraph (22) of subsection (a) to read as follows:
"Each member of the General Assembly shall also receive the al lowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees."
Section 2. Said Code section is further amended by striking the second undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new second undesignated paragraph of para graph (22) of subsection (a) to read as follows:
"In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equip ment, personal services, printing and publications, rents, supplies, tele communications, transportation, and utilities. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouch ers to the legislative fiscal office. Such sworn vouchers shall be accompa nied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for any expense under $25.00, for the per diem differential, or for the mileage allowance for use of a personal car. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the

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fifteenth of April immediately following the end of such year. No reim bursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this para graph (22). Any former member of the General Assembly may be reim bursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimburse ment may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Com mittee shall make the final determination. In the event any reimburse ment is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized."
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 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

WEDNESDAY, FEBRUARY 20, 1985

1345

McGill McKenzie
Peevy Perry Phillips Ray

Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh Tate

Timmons Tolleson Trulock Tysinger
Walker

Those not voting were Senators:

Barker

Coleman (excused)

Turner

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 report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 167.
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 12:35 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 21, 1985 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Ray of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 226.

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, 1985 and ending June 30, 1986.

HB 89. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the repeal of the laws relating to the consumers' utility counsel, so as to extend the date on which such laws shall stand repealed.

HB 227.

By Representatives Johnson of the 72nd, Steinberg of the 46th and Lawler of the 20th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide procedures and requirements rela tive to the adoption of rules and regulations by boards of trustees of state retirement or pension systems.

THURSDAY, FEBRUARY 21, 1985

1347

HB 301.

By Representatives Martin of the 60th, Holcomb of the 72nd, Greene of the 130th and others:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of drivers of vehicles meeting or overtak ing school buses, so as to authorize and direct any school bus driver to record certain information relative to motor vehicles which overtake from either direction any school bus stopped on the highway for the purpose of loading or unloading school children.

HB 761.

By Representative Adams of the 36th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax collectors and tax commissioners as ex officio sheriffs, so as to change the provisions relative to exceptions to the re quirement of written consent of the sheriffs of certain counties.

The House has adopted by the requisite constitutional majority the following reso lutions of the House:

HR 175.

By Representatives Alford of the 57th, Wilson of the 20th, Heard of the 43rd and Royal of the 144th:
A resolution recognizing the Georgia Institute of Technology on the oc casion of the one-hundreth anniversary of its chartering and inviting Dr. Joseph Pettit, President of the Georgia Institute of Technology, to appear before the General Assembly.

HR 259.

By Representatives Alford of the 57th, Dobbs of the 74th, Heard of the 43rd and Childs of the 53rd:
A resolution commending L. Dennis Ballou.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 833.

By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Greene County Development Authority.

HB 834.

By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the elec tion of members of the Board of Education of Greene County.

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JOURNAL OF THE SENATE

HB 835.

By Representatives Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Brown of the 88th:
A bill to authorize the governing authority of Richmond County to ex pend public funds for the purpose of holding a referendum election to approve or disapprove any ordinance or resolution which affects the per sonnel and table of organization of the county police department and the Richmond County Sheriffs department.

HB 836.

By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend an Act creating the board of commissioners of Lee County, so as to recreate the board of commissioners of Lee County.

HB 838.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Newnan and its Board of Water, Sewerage, and Light Commis sion to combine and operate the city's water, sewerage, electricity systems.

HB 839.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which designates the Board of Water, Sewerage, and Light Commission of the City of Newnan as the sole operational governing authority of the utility systems of the City of Newnan.

HB 841.

By Representatives Wall of the 61st, Martin of the 60th, Bannister of the 62nd and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of Gwinnett County School District who are 65 years of age or over.

HB 842.

By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen of the City of Bainbridge.

HB 843.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act providing for vacancies on the board of the Union County Hospital Authority, so as to change the manner of filling vacan cies and to provide for terms of office.

THURSDAY, FEBRUARY 21, 1985

1349

HB 844.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act to reincorporate the City of Blairsville in the County of Union, so as to change the month in which city council organi zational meetings are held; to change certain provisions regarding the transfer of executions.

HB 851.

By Representatives Goodwin of the 63rd, Martin of the 60th, Wall of the 61st and others:
A bill to provide that the tax commissioner of Gwinnett County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Gwinnett County to reimburse the county for the cost of collecting school taxes.

HB 853.

By Representative Cummings of the 17th:
A bill to amend an Act creating the Polk County Water Authority, so as to change the provisions relating to the compensation of members of the authority.

HB 854.

By Representative Matthews of the 145th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Moultrie-Colquitt County Development Authority.

HB 855.

By Representative Matthews of the 145th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid ing for the election of members of the board of education of Colquitt County and the appointment of the school superintendent by the board.

HB 856.

By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000.

HB 857.

By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th:
A bill to create a board of elections and registration for Whitfield County.

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The House has adopted by the requisite constitutional majority the following reso lutions of the Senate:

SR 167. By Senator Howard of the 42nd: A resolution commending Vita Ostrander.

SR 169. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 263. By Senators Tysinger of the 41st and Scott of the 2nd:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to authorize and require the commission to make certain prudency determinations re lating to certain nuclear power generating facilities for certain purposes; to provide for rules and regulations establishing criteria for prudency determinations.
Referred to Committee on Public Utilities.

SB 264. By Senators Peevy of the 48th and Brown of the 47th:
A bill to add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial cir cuit, so as to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.
Referred to Committee on Judiciary and Constitutional Law.

SB 265. By Senator Hudgins of the 15th:
A bill to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to authorize the imposition of an excise tax on motor fuel within any consolidated citycounty government; to provide that the rate of tax shall not exceed five cents per gallon; to provide that the imposition of any such tax must be approved by the voters of the consolidated political subdivision.
Referred to Committee on Banking and Finance.

SB 266.

By Senator Greene of the 26th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to require that, before knowledge that a check would not be honored is presumed, notice

THURSDAY, FEBRUARY 21, 1985

1351

of dishonor shall be given in situations involving checks returned because no account existed at the time of issuance.
Referred to Committee on Judiciary and Constitutional Law.

SB 267. By Senators Howard of the 42nd, Fincher of the 54th and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Offi cial Code of Georgia Annotated, relating to the regulation of pharma cists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condi tion for renewing their pharmacist license; to provide for approved corre spondence courses; to provide for exceptions.
Referred to Committee on Human Resources.

SB 268. By Senator McGill of the 24th:
A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establish ments, so as to change the definition of the term "food service establish ment"; to change the provisions relating to enforcement of this article and inspection of food service establishments; to provide an effective date.
Referred to Committee on Agriculture.

SB 269. By Senators Gillis of the 20th, Barnes of the 33rd and Dean of the 31st:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations.
Referred to Committee on Urban and County Affairs (General).

SR 180. By Senator Trulock of the 10th:
A resolution urging the issuance by the United States Postal Service of a commemorative stamp in honor of Lieutenant Henry O. Flipper.
Referred to Committee on Rules.

The following bills of the House were read the first time and referred to committees:

HB 89. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the repeal of the laws relating to the consumers'

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utility counsel, so as to extend the date on which such laws shall stand repealed.
Referred to Committee on Public Utilities.

HB 226. 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, 1985 and ending June 30, 1986.
Referred to Committee on Appropriations.

HB 227. By Representatives Johnson of the 72nd, Steinberg of the 46th and Lawler of the 20th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement, so as to provide procedures and requirements rela tive to the adoption of rules and regulations by boards of trustees of state retirement or pension systems.
Referred to Committee on Retirement.

HB 301. By Representatives Martin of the 60th, Holcomb of the 72nd, Greene of the 130th and others:
A bill to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of drivers of vehicles meeting or overtak ing school buses, so as to authorize and direct any school bus driver to record certain information relative to motor vehicles which overtake from either direction any school bus stopped on the highway for the purpose of loading or unloading school children.
Referred to Committee on Public Safety.

HB 761. By Representative Adams of the 36th:
A bill to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax collectors and tax commissioners as ex officio sheriffs, so as to change the provisions relative to exceptions to the re quirement of written consent of the sheriffs of certain counties.
Referred to Committee on Governmental Operations.

HB 833. By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Greene County Development Authority.
Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 21, 1985

1353

HB 834. By Representative Copelan of the 106th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the elec tion of members of the Board of Education of Greene County.
Referred to Committee on Urban and County Affairs.

HB 835. By Representatives Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Brown of the 88th:
A bill to authorize the governing authority of Richmond County to ex pend public funds for the purpose of holding a referendum election to approve or disapprove any ordinance or resolution which affects the per sonnel and table of organization of the county police department and the Richmond County sheriffs department.
Referred to Committee on Urban and County Affairs.

HB 836. By Representatives Hanner of the 131st and Sizemore of the 136th:
A bill to amend an Act creating the board of commissioners of Lee County, so as to recreate the board of commissioners of Lee County. Referred to Committee on Urban and County Affairs.

HB 838. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Newnan and its Board of Water, Sewerage, and Light Commis sion to combine and operate the city's water, sewerage, electricity systems.
Referred to Committee on Urban and County Affairs.

HB 839. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which designates the Board of Water, Sewerage, and Light Commission of the City of Newnan as the sole operation governing authority of the utility systems of the City of Newnan.
Referred to Committee on Urban and County Affairs.

HB 841. By Representatives Wall of the 61st, Martin of the 60th, Bannister of the 62nd and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwin nett County School District who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

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HB 842. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge so as to change the number of aldermen of the City of Bainbridge.
Referred to Committee on Urban and County Affairs.

HB 843. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act providing for vacancies on the board of the Union County Hospital Authority, so as to change the manner of filling vacan cies and to provide for terms of office.
Referred to Committee on Urban and County Affairs.

HB 844. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act to reincorporate the City of Blairsville in the County of Union, so as to change the month in which city council organi zational meetings are held; to change certain provisions regarding the transfer of executions.
Referred to Committee on Urban and County Affairs.

HB 851. By Representatives Goodwin of the 63rd, Martin of the 60th, Wall of the 61st and others:
A bill to provide that the tax commissioner of Gwinnett County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Gwinnett County to reimburse the county for the cost of collecting school taxes.
Referred to Committee on Urban and County Affairs.

HB 853. By Representative Cummings of the 17th:
A bill to amend an Act creating the Polk County Water Authority, so as to change the provisions relating to the compensation of members of the authority.
Referred to Committee on Urban and County Affairs.

HB 854. By Representative Matthews of the 145th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the cre ation of the Moultrie-Colquitt County Development Authority.
Referred to Committee on Urban and County Affairs.

HB 855.

By Representative Matthews of the 145th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to provid-

THURSDAY, FEBRUARY 21, 1985

1355

ing for the election of members of the board of education of Colquitt County and the appointment of the school superintendent by the board.
Referred to Committee on Urban and County Affairs.

HB 856. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000.
Referred to Committee on Urban and County Affairs.

HB 857. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th:
A bill to create a board of elections and registration for Whitfield County.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 144. SB 262. HB 316.

Do pass. Do pass. Do pass.

HB 341. HB 395. HB 447.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs 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 176. Do pass. HB 693. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

1356 Mr. President:

JOURNAL OF THE SENATE

The Committee on Governmental Operations has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 249. HB 602. HB 684. HB 343.

Do pass. Do pass. Do pass. Do pass.

HB 256. Do pass. HB 783. Do pass. HB 188. Do pass as amended.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 622. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 456. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

THURSDAY, FEBRUARY 21, 1985

1357

SB 257. Do pass.

Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 33. SB 203. HB 155.

Do pass. Do pass. Do pass.

HB 498. HB 542. HB 776.

Do pass. Do pass by substitute. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 122. 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 bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 183. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of

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JOURNAL OF THE SENATE

the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 224. HB 252. HB 398.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

The following communication from Senator Coleman of the 1st, Chairman of the Senate Committee on Transportation, was read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 18, 1985

Senator Donn Peevy Vice Chairman Senate Transportation Committee

Dear Donn:

Due to my illness, I will be unable to Chair the meeting of the Senate Transportation Committee on Tuesday, February 19, 1985 at 8:30 a.m.

I hereby authorize and direct you to Chair the meeting in my absence and authorize the Committee to take up the following pieces of legislation:

H.B. 45 H.B. 123 H.B. 130 H.B. 134

H.B. 172 H.B. 179 H.B. 235 H.B. 494

I very much appreciate you doing this for me and look forward to hear ing from you.

Sincerely,
/s/ J. Tom Coleman, Jr. Chairman Senate Transportation Committee

cc: Honorable Zell Miller Honorable Hamilton McWhorter

THURSDAY, FEBRUARY 21, 1985

1359

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 45. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Vice Chairman

Mr. President:

The Committee on Urban and County 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 607. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County 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 227. SB 251. SB 254. SB 255. SB 260. HB 511. HB 512. HB 519. HB 530. HB 728. HB 755.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 756. HB 801. HB 802. HB 803. HB 804. HB 805. HB 807. HB 808. HB 818. HB 819.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate and House were read the second time:

SB 101. By Senator Barnes of the 33rd:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to judgments under the "Civil Practice Act," so as to change the conditions under which a judgment by default may be entered; to change the conditions under which a judgment by default may be set aside; to provide for related matters; to provide for an effective date and for applicability.

SB 201. By Senators Harrison of the 37th and Barnes of the 33rd:
A bill to amend Code Section 31-11-8 of the Official Code of Georgia Annotated, relating to liability of persons rendering emergency care, so as to change the conditions for immunity from liability.

SB 231. By Senators Scott of the 2nd and Deal of the 49th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his con sent and the damage thereto is $500.00 or less.

SB 256. By Senators Ray of the 19th, McGill of the 24th, Perry of the 7th and others:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; to provide for a short title; to provide for a declaration of purpose, definitions, administration, and enforcement by the Commissioner of Agriculture; to provide for per sonnel and facilities; to provide for agreements.

SR 37. By Senators Kidd of the 25th, Trulock of the 10th and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to pro vide that members of boards of education shall be elected; to provide that school superintendents shall be appointed by their respective boards of education; to revise the provisions relating to changes in school boards and superintendents; to provide for the submission of this amendment for ratification or rejection.

THURSDAY, FEBRUARY 21, 1985

1361

SR 145. By Senators Perry of the 7th, Baldwin of the 29th, Cobb of the 28th and others:
A resolution urging the President and Congress to take action necessary to moderate the growth of textile and apparel imports.

SR 154.

By Senators McGill of the 24th, Gillis of the 20th and Trulock of the 10th:
A resolution urging the enactment of a comprehensive federal marketing and bargaining act.

SR 158. By Senators Bryant of the 3rd and Kidd of the 25th:
A resolution urging the Governor to recommend the addition of $250,000.00 to the Fiscal Year 1985-86 budget of the State Department of Veterans Service to enable the department to employ an architect to design a new wing at the Georgia War Veterans Home in Milledgeville.

HB 5. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to provide for the voluntary transfer of mentally ill, mentally retarded, alcoholic, and drug dependent individuals from private facilities to state-owned or operated facilities.

HB 6. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, re lating to mental health, so as to change the fees and expenses which hearing officers are paid for certain hearings concerning mentally ill, mentally retarded, and alcoholic or drug dependent individuals.

HB 14. By Representative Bolster of the 30th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services.

HB 33. By Representatives Parham of the 105th and Cooper of the 20th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances; to change the listing of dangerous drugs.

HB 185.

By Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th and Smith of the 78th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not war-

1362

JOURNAL OF THE SENATE

ranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived.

HB 250.

By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, so as to require such reports by certain per sonnel in ambulatory surgical centers.

HB 273.

By Representatives Steinberg of the 46th, McKinney of the 35th, Martin of the 26th and others:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief from family vio lence by a superior court, so as to make unlawful and provide for penal ties for the violation of certain court orders.

HB 368.

By Representative Colbert of the 23rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change the definition of the term "landmark museum building"; to change the provisions relating to requirements of landmark museum buildings.

HB 369.

By Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st and others:
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, so as to re peal provisions concerning fire inspections of day-care homes and daycare centers; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to include day-care homes and day-care centers as subject to regulations of the Safety Fire Commissioner.

HB 462.

By Representatives Hanner of the 131st, Chambless of the 133rd, Rich ardson of the 52nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to reenact Article 3 thereof, relating to criminal records checks and determinations based thereon for certain centers, homes, and institutions which care for children.

HB 471.

By Representatives Connell of the 87th and Murphy of the 18th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of Georgia Building Authority, so as to empower and authorize the authority to operate and cause to be

THURSDAY, FEBRUARY 21, 1985

1363

operated railroad excursions between and in the vicinity of stated places of public interest.

HB 645.

By Representative Russell of the 64th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease pa tients and the Kidney Disease Advisory Committee, so as to change the membership of said committee; to eliminate the position of kidney dis ease control officer and provide that the commissioner of human re sources shall provide staff to carry out programs.

HR 74. By Representatives Hooks of the 116th, Edwards of the 112th, Chambless of the 133rd and others:
A resolution creating the Joint Tandem Trailer Access to Public Roads Study Committee.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barker Bowen
rann.on Brof 47th Bryant Burton Cobb D ea i Fincher Foster Garner

Gillis Greene Harris Harrison Mine
Holloway orto " " oward Hudgms Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th Jtarr Tate Timmons Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Barnes Bond Broun of 46th Coleman (excused) Coverdell

Dawkins Dean English Engram

Land Reddish Stumbaugh Walker

Senator Trulock of the 10th introduced the chaplain of the day, Dr. Albert Reese, pastor of the First Presbyterian Church, Bainbridge, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the House were read and adopted:

HR 175.

By Representatives Alford of the 57th, Wilson of the 20th, Heard of the 43rd and Royal of the 144th:
A resolution recognizing the Georgia Institute of Technology on the oc casion of the one-hundredth anniversary of its chartering and inviting Dr. Joseph Pettit, President of the Georgia Institute of Technology to appear before the General Assembly.

HR 259.

By Representatives Alford of the 57th, Dobbs of the 74th, Heard of the 43rd and Childs of the 53rd:
A resolution commending L. Dennis Ballou.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Coleman of the 1st from the Senate today due to illness; the consent was granted, and Senator Coleman of the 1st was excused from the Senate today.

The following local, uncontested bills and resolution of the Senate and House, fa vorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Thursday, February 21, 1985
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*SB 246

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Amends Act making provisions for Magistrate Court and abolishing the Municipal Court of Savannah; changes provisions relating to the judge emeritus of the Municipal Court of city; provides that said judge emeri tus shall serve as judge of the Magistrate Court upon the call of the chief magistrate. (AMENDMENT)

SB 250 McKenzie, 14th Macon County
To provide for board of education for said county school district; provides for membership of board of education; provides for education districts; provides for elections; provides for current members; provides for filling

THURSDAY, FEBRUARY 21, 1985

1365

vacancy; provides for submission of this Act under federal Voting Rights Act of 1965; provides for related matters.

SB 259 Kidd, 25th Morgan County
Amends Act providing changes in Magistrate Court; authorizes chief magistrate of Magistrate Court to select clerk of magistrate court; pro vides qualifications and compensation for such clerk.

SR 162 Timmons, llth City of Shellman Randolph County
Recognizing City of Shellman as Scottish-American Heritage Center of State of Georgia.

HB 538

Dean, 31st Hine, 52nd City of White Bartow County
Incorporates City; changes manner in which vacancies on board of alder men are filled.

HB 608

Dawkins, 45th Newton County
To amend Act providing for new board of education; changes compensa tion of chairman and members of that board.

HB 760 Baldwin, 29th Garner, 30th City of Carrollton Carroll County
To continue amendment which relates to creation of Carrollton Payroll Development Authority as a constitutional body and a public corpora tion.

The amendment to the following bill was put upon its adoption:

*SB 246:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 246 by adding on line 14 of Page 1 after the following:

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JOURNAL OF THE SENATE

"foregoing;", the following:
"to provide an effective date;". By adding between lines 29 and 30 of Page 2 the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
By striking on line 30 of Page 2 the following: "Section 2.",
and inserting in its place the following: "Section 3."

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 bills and resolution as reported, was agreed to.

On the passage of all the bills and resolution on the Senate Local Consent Calen dar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon nrantleyf ** u Broun of 46th Brown of 47th CBorybabnt
Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris o amSOn Hme Holloway HHoorwtoanrd
Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Rav Reddish Scott of 2nd Scott of 36th ,, ^Stum\baugh,
Tate Timmons Tolleson Trulock Turner Tysinger

THURSDAY, FEBRUARY 21, 1985

1367

Those not voting were Senators:

Baldwin Bond

Burton Coleman (excused)

McKenzie Walker

On the passage of all the local bills and resolution, the yeas were 50, nays 0.

All the bills and resolution on the Senate Local Consent Calendar, except SB 246, having received the requisite constitutional majority, were passed.

SB 246, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Thursday, February 21, 1985
THIRTIETH LEGISLATIVE DAY
HB 58 Public Safety Department--procedures for accepting donations, property (Pub Saf--49th)
HR 170 Local Constitutional Amendment Overview Committee--create (AMENDMENT) (Rules--12th)
HB 255 Coroner--change qualifications and provisions on bond required (Gov Op--51st)
HB 77 Personnel Board--General Assembly committees review proposed rules (AMENDMENT) (Gov Op--25th)
HR 183 Moratorium on Farm Foreclosures--urge imposition (Ag--24th)
HB 228 Fiscal Note Act--delete provisions on retirement bills (Ret--llth)
SB 66 Property Lien--name, address, social security number duty of Supe rior Court Clerk (SUBSTITUTE) (Judy--22nd)
SB 89 Rules of the Road--duties of driver in accident (Judy--41st)
SB 127 Corporations--may be sued for torts, injuries in originating county (Judy--22nd)
SB 232 Timber Purchasers--record certain information on sales transactions (SUBSTITUTE) (Nat R--20th)
SB 234 Civil Actions--conditions for receipt of proceeds by next friend (Judy--29th)
SB 240 Criminal Trespass--damaging another's property and damage less than $250 (SUBSTITUTE) (Judy--42nd)
SR 129 Internal Revenue Service--urge to revise certain tax regulations on business employers, employees (B&F--44th)
HB 375 Uniform Commercial Code--redefine bank (B&F--9th)
HB 592 Dublin Judicial Circuit Superior Court Judges--salary supplement (Judy--20th)

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JOURNAL OF THE SENATE

HB 452 Motor Vehicle Sales Finance Act--change delinquency charge (SUBSTITUTE) (B&F--13th & 15th)
HB 373 Gift to Minors Act--define financial institution (B&F--9th)
HB 463 Distilled Spirits, Alcohol--excise tax on first sale, use and final deliv ery (C Aff--12th)
HB 495 Department of Natural Resources--nongame wildlife conservation programs (Nat R--10th)
HB 331 Employment Security Law--appeals by employer, Labor Depart ment certain proceedings (I&L--29th)
HB 244 Suspension of Hunting License for Negligent Hunt ing--administrative hearings (Nat R--26th)
HB 374 Credit Union--provide separate class of shares for borrowers, deposi tors (B&F--9th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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 58. By Representatives Jackson of the 9th, Colwell of the 4th and Anderson of the 8th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the ac ceptance by the Department of Public Safety of donations or convey ances of property, equipment or services.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Cobb Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

THURSDAY, FEBRUARY 21, 1985

1369

Howard Huggins Kennedy Kidd La ng ford McGill McKenzie

Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Land

Phillips

Tolleson

Those not voting were Senators:

Coleman (excused) Coverdell

Garner

Hudgins

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HR 170.

By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution creating the Local Constitutional Amendments Overview Committee.

Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Rules offered the following amendment:

Amend HR 170 by striking from lines 19 through 21 of Page 2 the following:
"the chairman of the committee, and the President of the Senate shall appoint the vice-chairman who shall preside in the absence of the chairman"
and inserting in lieu thereof the following:
"a cochairman and the President of the Senate shall appoint a cochairman".
By striking in line 22 of Page 2 the word "chairman" and inserting in lieu thereof the word "cochairmen".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Garner

Greene

Howard

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 255.

By Representatives Patten of the 149th, Cox of the 141st and Bargeron of the 108th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to

THURSDAY, FEBRUARY 21, 1985

1371

the qualifications of a coroner; to change the provisions relating to the bond required of a coroner.
Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) English

Horton Howard

McKenzie Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Garner of the 30th moved that the following bill of the Senate, having

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JOURNAL OF THE SENATE

been read the third time on February 15 and placed on the Table, be taken from the Table and put upon its passage:

SB 57. By Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd and others:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of commit ting a theft of any controlled substance, such person violates Code Sec tion 16-8-41, relating to armed robbery; to provide penalties.

On the motion, the yeas were 32, nays 2; the motion prevailed, and SB 57 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

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 77. By Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administra tion, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 77 by striking on Page 2, Section 1, line 9, the following: "and the State Personnel Board".

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:

THURSDAY, FEBRUARY 21, 1985

1373

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Garner

Howard Reddish

Scott of 2nd Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 183.

By Representatives Reaves of the 147th and Walker of the 115th: A resolution urging the imposition of a 120 day moratorium on all farm foreclosures.
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:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant

1374
Burton Cobb Coverdell Dawkins Deal Dean Engram GFoasrtneer r Gillis Greene Harris Harrison Hine

JOURNAL OF THE SENATE

Holloway Horton Howard Hudgins Huggins Kenned y Kidd LLaanngdford
McGill
McKenzie
Peevy
Perry
Phillips

Ray Reddish Scott of 2nd Scott of 36th tarr Stumbaugh
TTia.mtemons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

English

Fincher

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 228.

By Representative Johnson of the 72nd:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills.

Senate Sponsor: Senator Timmons of the llth.

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

THURSDAY, FEBRUARY 21, 1985

1375

DATE:

January 16, 1985

SUBJECT: House Bill LC 7-5809 HB 228 Georgia Fiscal Note Act

This Bill would revise the "Georgia Fiscal Note Act" (Code Title 28-540) by deleting all references to retirement bills from the Act. The Bill would delete the current provisions of the Act governing: the definition of retirement bills, requirements for introducing retirement bills, procedures for estimating the fiscal impact of retirement bills, and procedures for con ducting actuarial investigations of retirement bills.
This is to certify that this is a non-fiscal retirement bill.
/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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant

Coleman (excused)

Fincher

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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Senator Bryant of the 3rd introduced a doctor of the day, Dr. Jimmy Dixon, of Brunswick, Georgia, and Senator Tysinger of the 41st introduced a doctor of the day, Dr. Mark Hutto, of Atlanta, Georgia.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 89. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to locations at which the uniform rules of the road law is applicable, so as to change the provisions relating to certain offenses; to provide for other matters relative to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

Dawkins

Fincher

On the passage of the bill, the yeas were 53, nays 0.

THURSDAY, FEBRUARY 21, 1985

1377

The bill, having received the requisite constitutional majority, was passed.

SB 127. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to pro vide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Cobb Coverdell Dean

English Engram Gillis Greene Harris Horton Howard Huggins Kennedy Kidd Langford

McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Baldwin Bond Brantley Broun of 46th Dawkins Deal Fincher

Foster Garner Harrison Hine Holloway Hudgins Land

McGill Phillips Scott of 2nd Stumbaugh Tate Tolleson Tysinger

Not voting was Senator Coleman (excused).

On the passage of the bill, the yeas were 34, nays 21.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd moved that SB 127 be immediately transmitted to the House.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 127 was immediately transmitted to the House.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 232.

By Senators Gillis of the 20th, Ray of the 19th, Muggins of the 53rd and English of the 21st:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Offi cial Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such in formation shall be provided to the seller of such timber; to provide for exceptions; to provide for definitions; to provide for penalties.

The Senate Committee on Natural Resources offered the following substitute to SB 232:
A BILL
To be entitled an Act to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest re sources and other plant life, so as to provide that purchasers of trees or timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such tim ber; to provide for exceptions; to provide for definitions; to provide for penal ties; 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 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by adding at the end of said part a new Code Section 12-6-23 to read as follows:
"12-6-23. (a) Any person, company, corporation, or others purchas ing trees or timber from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be lim ited to, information clearly understandable to the landowner as follows:
(1) Ticket number;
(2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured;
(3) Date wood was received at said facility;

THURSDAY, FEBRUARY 21, 1985

1379

(4) Landowner name and address;
(5) Tract name;
(6) County and state of origin;
(7) Dealer name (if any);
(8) Producer or logging company name;
(9) Species of wood;
(10) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;
(11) Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and
(12) Name of the person receiving, weighing, or scaling the wood.
(b) Subsection (a) of this Code section shall not apply to the following:
(1) The sale of wood for firewood only;
(2) Any landowner harvesting and processing his own timber; and
(3) Bulk or lump sum sales wherein the landowner and the pur chaser agree on a total price for all of said timber purchased.
(c) Any person, company, or corporation which violates any provi sion of subsection (a) of this Code section shall be guilty of a misdemeanor."
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 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:

Albert Allgood

Baldwin Barker

Bond Bowen

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JOURNAL OF THE SENATE

Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Bryant

Coleman (excused) Fincher

Kennedy (presiding) Ray

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 234.

By Senator Baldwin of the 29th:
A bill to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for prac tices and procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond

Bowen Brantley Broun of 46th Brown of 47th Burton

Cobb Coverdell Dawkins Deal English

THURSDAY, FEBRUARY 21, 1985

1381

Engram Fincher Garner llhs SHraererinse
Holloway Horton Howard Hudgins

Huggins Kidd Land
Langford M.M.ccGK..ielnl zie Peevy Perry Phillips Reddish

Scott of 2nd Scott of 36th Starr
Stumbaugh T_Toalt,,leeson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Bryant Coleman (excused)

Dean Foster Harrison

Kennedy (presiding) Ray Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 240.

By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his con sent and the damage thereto is $250.00 or less.

The Senate Committee on Judiciary offered the following substitute to SB 240:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500.00 or less; to provide that a person commits the offense of criminal damage to property in the second degree when he intentionally damages any property of another per son without his consent and the damage thereto exceeds $500.00; 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 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is

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JOURNAL OF THE SENATE

amended by striking subsection (a) of Code Section 16-7-21, relating to criminal trespass, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits the offense of criminal trespass when he in tentionally damages any property of another without his consent and the damage thereto is $500.00 or less, or knowingly and maliciously inter feres with the possession or use of the property of another person without his consent."
Section 2. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 16-7-23, relating to criminal damage to property in the second degree, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;".
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:

Albert Allgood Baldwin Barker Bond Bwen Brannon Brantley Broun of 46th Brown of 47th Burton
Cobb
Coverdell
Dawkins Deal

English Fincher Garner Greene Harris Hine Holloway Horton Howard Hudgins Huggins
Kidd
Land
Langford McGill

Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr ,,. , , Stumbaugh late Timmons
Trulock
Turner
Tysinger Walker

THURSDAY, FEBRUARY 21, 1985

1383

Those not voting were Senators:

Barnes Bryant Coleman (excused) Dean

Engram Foster Gillis Harrison

Kennedy (presiding) McKenzie Ray Tolleson

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 129.

By Senators Starr of the 44th, Holloway of the 12th, Kennedy of the 4th and others:
A resolution urging the Internal Revenue Service of the United States Department of the Treasury to revise certain tax regulations applicable to business employers and employees.

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:

Albert Allgood Baldwin Barker Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Deal English

Engram Fincher Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Bryant Coleman (excused)

Dean Foster Garner Howard

Kennedy (presiding) Ray Scott of 2nd

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 375.

By Representative Chambless of the 133rd and others:
A bill to amend Code Section 11-1-201 of the Official Code of Georgia Annotated, relating to general definitions in the Uniform Commercial Code, so as to redefine the term "bank".
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:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coverdell Dawkins Deal English

Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes Bryant Cobb Coleman (excused)

Dean Foster Hudgins Kennedy (presiding)

Ray Scott of 2nd Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 21, 1985

1385

HB 373.

By Representative Chambless of the 133rd and others:
A bill to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution".
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:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Coleman (excused)

Kennedy (presiding) McKenzie

Scott of 2nd Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 495.

By Representatives Rainey of the 135th, Phillips of the 120th, Walker of the 115th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation; to provide for the establishment of nongame wildlife conserva-

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JOURNAL OF THE SENATE

tion programs and wildlife habitat acquisition programs by the Depart ment of Natural Resources.
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:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Dawkins Deal Dean English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Huggins Kidd

Land Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner

Those not voting were Senators:

Coleman (excused) Fincher Greene Howard

Hudgins Kennedy (presiding) McKenzie Scott of 2nd

Timmons Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 331.

By Representative Milford of the 13th:
A bill to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employ ment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings.
Senate Sponsor: Senator Baldwin of the 29th.

THURSDAY, FEBRUARY 21, 1985

1387

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

Those not voting were Senators:

Land Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger

Bond Coleman (excused) English Fincher

Kennedy (presiding) McKenzie Scott of 2nd

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 244. By Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st and others:
A bill to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions.
Senate Sponsor: Senator Greene of the 26th.

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Senators Greene of the 26th and Gillis of the 20th offered the following amendment:

Amend HB 244 by striking the period after the word "mail" on line 27 of Page 2 and inserting in lieu thereof the following:
", with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Upon such notice, any such hunting privileges shall be revoked by such notice and such person shall surrender his or her hunting license, if any, to the department within ten days of such notification. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice."
By striking the following from lines 30 through 34 of Page 2:
"Upon receipt of such notice, such hunting privileges shall be imme diately suspended and such person shall immediately surrender his or her hunting license, if any, to the department."

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:

Albert Allgood Baldwin Barker Barnes Bond Bwen
Brraannttnl.oeny BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Greene Harris
"Hianrenson HHoolrltoown ay
Howard Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips ay Reddish Scott of 2nd
SQcott of 36th ~Sttuarml\baugh.
Tate Tolleson Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 21, 1985

1389

Sj
Those not voting were Senators:

Coleman (excused) Fincher

Gillis Kennedy (presiding)

McKenzie Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 374.

By Representative Chambless of the 133rd and others:
A bill to amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to in crease the par value of each share for each class; to provide for a mini mum par value.

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:

Albert Allgood Baldwin Barker Barnes Bond Bwen
Brantley BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris H amson Hme HHoolrltoown ay
Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Rav Reddish Scott of 2nd Scott of 36th s ^S.tumb, augh,
late Timmons Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman (excused)

Fincher

Kennedy (presiding)

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been taken from the Table previ ously today and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:

SB 57. By Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd and others:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of commit ting a theft of any controlled substance, such person violates Code Sec tion 16-8-41, relating to armed robbery; to provide penalties.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 57:

A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of con trolled substances, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing an armed robbery pur suant to Code Section 16-8-41, such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist; to provide penalties; to provide for a greater penalty in any case where the defendant inflicts bodily injury upon a person during the commission of a pharmacy robbery; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by adding between Code Sections 16-13-32.3 and 16-13-33 a new Code Section 16-13-32.4 to read as follows:
"16-13-32.4. (a) As used in this Code section, the term:
(1) 'Controlled substance' means a drug, substance, or immediate

THURSDAY, FEBRUARY 21, 1985

1391

precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(2) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, includ ing any and all portions of any building or structure leased, used, or con trolled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term 'pharmacy' shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dis pensing of any controlled substance.
(3) 'Wholesale druggist' means an individual, partnership, corpora tion, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26.
(b) A person commits the offense of pharmacy robbery when, in the course of committing an armed robbery pursuant to Code Section 16-841, such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist.
(c) (1) A person convicted of the offense of pharmacy robbery shall be sentenced to a term of imprisonment of not less than seven nor more than 20 years and shall pay a fine of $20,000.00.
(2) The provisions of paragraph (1) of this subsection notwithstand ing, in any case in which the defendant commits the offense of pharmacy robbery and in the course of the commission of the offense intentionally inflicts bodily injury upon any person, such fact shall be charged in the indictment or accusation; and, if found to be true by the court or if ad mitted by the defendant, the defendant shall be sentenced to a term of imprisonment of not less than ten nor more than 25 years and shall pay a fine of $35,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Garner of the 30th and Deal of the 49th offered the following substitute to SB 57:

A BILL
To be entitled an Act to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to change the provisions relating to armed robbery; to provide a certain penalty in cases where a defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled sub stance from a pharmacy or a wholesale druggist; to provide a certain pen alty in cases where a defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled sub stance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person; to provide procedures for proof of certain

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JOURNAL OF THE SENATE

facts; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, is amended by striking Code Sec tion 16-8-41 in its entirety and inserting in lieu thereof a new Code Section 16-8-41 to read as follows:
"16-8-41. (a) A person commits the offense of armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than five nor more than 20 years; provided, however, that, for a sec ond or subsequent such offense, the defendant shall be punished by im prisonment for not less than ten years. The preceding provisions of this Code section notwithstanding, in any case in which the defendant com mitted armed robbery and in the course of the commission of the offense intentionally, with an offensive weapon, or any replica, article, or device having the appearance of such weapon, inflicted serious bodily injury on a person, such fact shall be charged in the indictment or accusation and if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than ten years.
(c) (1) The preceding provisions of this Code section notwithstand ing, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist, such fact shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than ten years; provided, however, that, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and in tentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(B) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, includ ing any and all portions of any building or structure leased, used, or con-

THURSDAY, FEBRUARY 21, 1985

1393

trolled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term 'pharmacy' shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dis pensing of any controlled substance.
(C) 'Wholesale druggist' means an individual, partnership, corpora tion, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26.
(d) Adjudication of guilt or imposition of sentence shall not be sus pended, probated, deferred, or withheld for any offense punishable under subsection (a), (b), or (c) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by the Senate Committee on Judiciary and Constitutional Law, the yeas were 0, nays 31, and the substitute was lost.

On the adoption of the substitute offered by Senators Garner of the 30th and Deal of the 49th, the yeas were 37, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to 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:

Albert Allgood Baldwin Barker Barnes Bowen BTMTM0" Brantley Broun of 46th Brown of 47th Bryant
Burton
Cobb
Coverdell Dawkins
Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway
Horton
Howard
Hudgins Huggins
Land

McKenzie Peevy Perry Phillips Rav Reddish Scott f 2nd g ,, arr , , Stumbaugh Timmons
Tolleson
Trulock
Turner Tysinger
Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Bond

Langford

Tate

Kidd

Scott of 36th

Those not voting were Senators:

Coleman (excused) Fincher

Kennedy (presiding)

McGill

On the passage of the bill, the yeas were 47, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 66. By Senator Allgood of the 22nd:
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 make it the duty of the clerk to ascertain that a lien or judgment contains the name, address, and social security number of the person against whose property the lien is filed; to require persons presenting liens or judgments for filing to provide such information.

The Senate Committee on Judiciary offered the following substitute to SB 66:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to make it the duty of the clerk to ascertain that a lien presented for filing contains the name and last known address of any natural person or persons against whose property the lien is filed and that a judgment to be filed contains the name, last known address, and social security number of the person or persons against whose property the judgment is filed; to re quire persons presenting liens or judgments for filing to provide such infor mation; to provide a method for gaining such information; to provide that failure to list such information does not affect the validity of a lien or judg ment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of

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1395

Georgia Annotated, relating to clerks of superior courts, is amended by in serting immediately following Code Section 15-6-64 a new Code section, to be designated Code Section 15-6-64.1, to read as follows:
"15-6-64.1. (a) Before accepting a lien or judgment for filing or recordation in the general execution docket of the county where the lien or judgment shall attach to property, it shall be the duty of the clerk of superior court to ascertain the following information regarding the per son or persons against whose property the lien or judgment is asserted:
(1) The person filing a lien shall be required to provide the name and last known address of any natural person or persons against whose property the lien is asserted; and
(2) The person filing a judgment shall be required to provide the name, last known address, and social security number of the person or persons against whose property the judgment is asserted; provided, how ever, if such judgment is rendered under subsection (a) of Code Section 9-11-55, the person filing such judgment shall be required to provide only the name and last known address of any natural person or persons against whose property the judgment is asserted.
(b) A person who presents a lien or judgment for filing or recorda tion shall, in addition to other requirements of law, provide the informa tion specified in subsection (a) of this Code section. For the purpose of gaining such information, the discovery procedures of Chapter 11 of Title 9, relating to civil practice, shall be available.
(c) Failure to comply with the requirements of this Code section shall not affect the validity of a lien or judgment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis

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Greene Harris Harrison Hine Horton Hudgins Huggins Kidd Land

JOURNAL OF THE SENATE

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Holloway.

Those not voting were Senators:

Coleman (excused) Howard

Kennedy (presiding)

Timmons

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

HB 592.

By Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th and others:
A bill to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the coun ties comprising such circuit.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following amendment:

Amend HB 592 by striking on Page 1, line 19 the word "shall"
and inserting in lieu thereof the word "may".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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1397

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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond

Coleman (excused)

McKenzie

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 452.

By Representatives Coleman of the 118th, Home of the 103rd and Jack son of the 9th:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limi tations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action.
Senate Sponsors: Senators Hudgins of the 15th and Barnes of the 33rd.

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JOURNAL OF THE SENATE

The Senate Committee on Banking and Finance offered the following substitute to HB 452:

A BILL
To be entitled an Act to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be as serted in an individual action only and may not be the subject of a class action; to amend Code Section 7-4-3 of the Official Code of Georgia Anno tated, relating to the finance charge on retail installment contracts for man ufactured homes and motor vehicles, so as to change the finance charge lim itation on motor vehicles; 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 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by striking subsection (g) of Code Section 10-1-32, relating to re quirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, costs, and receipts, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) The holder may, if the contract or refinancing agreement so provides, collect a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $50.00, whichever is less. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the con tract may provide for the payment of reasonable attorneys' fees where the contract is referred for collection to an attorney not a salaried em ployee of the holder of the contract, plus the court costs."
Section 2. Said article is further amended by relettering subsections (d) and (e) of Code Section 10-1-33, relating to finance charge limitations and assignment of contract, as subsections (e) and (f), respectively, and by adding a new subsection (d) to read as follows:
"(d) Notwithstanding the provisions of subsection (a) of this Code section, a buyer and a seller may establish any finance charge agreed upon in writing by the parties where the amount financed is more than $5,000.00."
Section 3. Said article is further amended by adding a new Code Sec tion 10-1-36.1 immediately following Code Section 10-1-36, relating to the disposition of motor vehicles repossessed after default and the right to re cover a deficiency, to read as follows:
"10-1-36.1. A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action

THURSDAY, FEBRUARY 21, 1985

1399

only and may not be the subject of a class action under Code Section 911-23 or any other provisions of law."
Section 4. Code Section 7-4-3 of the Official Code of Georgia Anno tated, relating to the finance charge on retail installment contracts for man ufactured homes and motor vehicles, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new para graph (2) to read as follows:
"(2) Any motor vehicle where the amount financed is $5,000.00 or more".
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senators Allgood of the 22nd and Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 452 offered by the Senate Committee on Banking and Finance by adding between the word and semicolon "action;" and the word "to" on line 8 of Page 1 the following:
"to provide for exceptions;".
By striking lines 25 through 29 on Page 2 in their entirety and substi tuting in lieu thereof the following:
"'10-1-36.1. (a) A claim of violation on any loan or contract se cured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law.
(b) Nothing contained in this Code section or in any previous amendment to the "Motor Vehicle Sales Finance Act" or to the general usury statutes shall affect the rights of any individual who has purchased a mobile or manufactured home which is governed by the "Motor Vehi cle Sales Finance Act" from bringing a class action on behalf of himself and those similarly situated for violations of the "Motor Vehicle Sales Finance Act" as it existed at the time the contract was entered into and from recovering those statutory rights and damages set forth in Code Section 10-1-38.'"

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Brannon and Horton.

Those not voting were Senators:

Coleman (excused)

Engram

McKenzie

On the passage of the bill, the yeas were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:20 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.